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Discussion Starter · #1 ·
im a young self employed builder with my father currently recovering from a knee op to repair torn cartilage. (now had both knees done at the young age of 21)

there was no trauma or accident so to speak, but can only put it down to my job (like whitefinger, or mesothelioma something that occurs as a result of years of abuse)

jus wondering if theres anywhere i can claim anything from due to it being work related?!?!

(im well aware that being self employed means its my responsibity to stop these things from happening, and that it might be the stupidest question going, just curious weather i could get something out of robbin insurence companies!!)
 

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Being self employed I suppose you could sue yourself for not providing yourself a safe work environment and a failure to wear suitable work attire for the task in hand. It's an unusual case but I'm sure some blood sucking solicitor would represent you in taking yourself on. ;)
 

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Discussion Starter · #3 ·
the only way i can see is that ive only become self employed with in the last year, previously i was employed by my dad. if it ment me making a bit of money off the back of my injury, hed be cool with it, but i dont want to give my self a health and safety head ache in future, as its obvious this hasnt only happened in the year ive been SE.

i hope what im trying to say is comming across right
 

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the only way i can see is that I've only become self employed with in the last year, previously i was employed by my dad. if it meant me making a bit of money off the back of my injury, he'd be cool with it, but i don't want to give my self a health and safety head ache in future, as its obvious this hasn't only happened in the year I've been SE.

I hope what I'm trying to say is coming across right
Hi buddy, I'm unsure on the claiming side of thing but want to ask how much benefit you've gained from the operation, I only ask as it won't be long before I need one :shake: I currently suffer from arthritis among other things and my knee grinds really harsh and can be heard quite loudly when walking on floorboards and coming down stairs! :eek: I walk straight legged where ever possible, doing a lift at the hip and swing it through and plant on the floor over the traditional and normal bent foot, bent knee style as find this is the most pain free of getting about.

Do you feel you've come out better off, allowing for all the pain and side effects for now and the future to come. :confused:

Regards

Mark
 

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im a young self employed builder with my father currently recovering from a knee op to repair torn cartilage. (now had both knees done at the young age of 21)

there was no trauma or accident so to speak, but can only put it down to my job (like whitefinger, or mesothelioma something that occurs as a result of years of abuse)

jus wondering if theres anywhere i can claim anything from due to it being work related?!?!

(im well aware that being self employed means its my responsibity to stop these things from happening, and that it might be the stupidest question going, just curious weather i could get something out of robbin insurence companies!!)
:shake:

You are unable to sue yourself I am afraid - Insurance Law 101

Gav:smthumbup
 

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Discussion Starter · #6 ·
Hi buddy, I'm unsure on the claiming side of thing but want to ask how much benefit you've gained from the operation, I only ask as it won't be long before I need one :shake: I currently suffer from arthritis among other things and my knee grinds really harsh and can be heard quite loudly when walking on floorboards and coming down stairs! :eek: I walk straight legged where ever possible, doing a lift at the hip and swing it through and plant on the floor over the traditional and normal bent foot, bent knee style as find this is the most pain free of getting about.

Do you feel you've come out better off, allowing for all the pain and side effects for now and the future to come. :confused:

Regards

Mark
ive got mixed opinions, as ive had both knees done, ive had 2 different surgeons. i hated my 1st surgeon. thought he was arrogant and disreguarded my condition because of my age. he went ahead with the surgery, and the whole thing is reletivly pain free. so much so they give you anti inflamitries and paracetamol, both of which you take at your own discression (if you want to you can, its not a must) but all in all yeah, it seemed pretty good. antil 8-9 months later it started giving me more jip, i mentioned this to my new surgeon and he put it down to my other knee being damaged, its altering how i walk without me knowing it causeing more load on my already operated knee. i dont believe thats the case because the knee i had had done was hurting more than the knee i was waiting to have done.

into my 5th day since my second op now, the surgeon didnt stitch the keyholes, which i dont think was a wise move with it being so prominant on the joint as they are both still weeping and bleeding a bit. i can nearly walk normally. i went to a 21st birthday party the day after the op, managed to get some crutches incase my knee started causein me any pain, and more so that drunk people could clearly see, and give me a wide birth.

id deffinatly recomend it, the whole thing is reletivly painless if you look after kt, you might have a bit of aching through the joint but a couple of paracetamol solves that. if ya need to know any more let me know.
 
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I have had an arthroscopy on my left knee.

I also should have one done on the right one as that is going the same way.

Mine were from years of football, rugby, kickboxing etc.

There is no way of knowing how and when and why the damage occurred to your knees, and it is most likely to be over 10 years or more rather than 4 IMO.
 

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could i sue my dad for the previous 4 years? (that sounds terrible!)
Were you an employee of his, or a Bona-Fide sub-contractor? Does he have the relevant Employers Liability cover if you were directly employed by him?

Gav:smthumbup
 

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Discussion Starter · #10 ·
i was employed by him whist i was learning my trade.

corky your right, but my age would have to be taken into account i would expect
 

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im a young self employed builder with my father currently recovering from a knee op to repair torn cartilage. (now had both knees done at the young age of 21)

there was no trauma or accident so to speak, but can only put it down to my job (like whitefinger, or mesothelioma something that occurs as a result of years of abuse)

jus wondering if theres anywhere i can claim anything from due to it being work related?!?!

(im well aware that being self employed means its my responsibity to stop these things from happening, and that it might be the stupidest question going, just curious weather i could get something out of robbin insurence companies!!)
You must be American. :rolleyes:
 

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how old are you and how long have you 'officialy' been working in the trade you blame for your injuries?

i am going to buck the trend here, but why are you tring to find someone to sue for injuries, which you say you have received after what can be at most a couple of years doing a manual job?

is there a specific neglegence that you are blaming for your injuries?

Stu
 

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Will your Dad be happy paying much, much higher Employers' Liability insurance premiums from now on if you claim from him?
 

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i was employed by him whist i was learning my trade.
Technically you might be able to claim, but I would imagine that any insurer would investigate this to the nth degree and IMO you would be very lucky to actually receive any compensation.

If I have read everything you have written correctly, you are trying to claim for an ongoing medical condition, not an one off injury caused by a specific event, such as falling off a ladder. It is going to be very very difficult for you to prove that your knee issues are a result of your fathers negligence.

The onus on a claimant is to prove negligence on the employers behalf. I personally cannot see how you can accomplish this without full written H&S Risk assessments etc, copies of written training plans etc. Couple this with the fact that your employer was your father then an insurer will defend the claim vigorously.

But more importantly than all of the above - Technically you may have a claim. Morally, you shouldnt even be asking the question in my opinion. Let it go would be my advice.

Gav:smthumbup
 
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