help neededd from the traders

[thermoman]

I dont know if this in the right section or if any body can help but...
I need some help getting some information.
I was a plumber gas fitter until I had a accident which left me partially parrlised
A college needed a lift with a fireplace because it was too heavy for one person
bearing in mind he probably carries two in his day normally
I gave him a lift with fireplace it way heavy
long story short i lifted it and compressed 3 disks in my back pressing on the sciatic nerve
hence now disabled and unable to work
I put in a claim against my employer
but every time i get an answer back from there solicitors the say
the fire place would have been a standard weight about 47kilo ?
I know there are different weight (I have removed enough)
I need to find evidence to prove not all fireplaces are the same weight
weights and measures , spec sheets , web pages
any help would be appreciated
thankyou

 

[mattylad]

Can't you get the weight of the exact fireplace?

 

[thermoman]

No mate the incident happened 2 years ago
It went in the skip that day
It was not a standard fire place we normally removed
It was a council contract
I some how have to prove that it was not standard
which is not going to be easy

 

[FiremanT]

If it was a council house, then all the fireplaces are the same? Are there any left that you could identify and then try to guage a weight.

 

[thermoman]

Yes mate
A lot of council fireplaces were the same but some had been changed by the tenant
Then a lot have now been Changed due to going over to gas
So it's hard to find any pics or evidence to throw back at them
And they know that
So I know I'm clutching at straws but we will see

 

[Johnmelad]

Can't you get a witness statement from the chap you were helping?

Have you taken legal advice?

 

[Inky Pete]

It doesn't really matter what the weight of the fireplace was - you can permanently injure your back lifting less than 10 kilos if it's an awkward load and you do it wrong.

From an employers liability point of view the important thing is whether or not you had received proper Manual Handling training in Avoiding Unnecessary Lifting, Assessing Risk, Risk Minimisation when Lifting, Safe Lifting Techniques, etc.

If you'd had proper training and didn't follow it then you're much less likely to succeed, if you hadn't been trained - or if the employer hasn't kept proper training records - then you probably have a case.

Why does your union or lawyer think that whether the load was over 47 kilos is relevant?

 

[thermoman]

The guy I helped did make a statment for me but...
when the firm who we worked for found out then they made him do another one which contradicted the first
With him having bills to pay etc didnt want loose his job
I have not done manual handling with this firm but..
they have sent details with my name on to say that i have

it is just proving it

 

[Inky Pete]

Can they produce anything with your signature on it to prove that you have attended Manual Handling training? or the dates of the training they say you did? invoices from training providers? instructors class records and assessments? or e-mails showing that training was arranged for you?

If not, then all they have is a piece of paper with some names written on it.

 

[thermoman]

They did produce the paperwork but with a signature but not mine

And going back to a question earlier which I missed
They got the so called weight of the fireplace from the local supplier
They use describing how they make the standard fire place today

 

[Johnmelad]

Have you taken legal advice???

 

[HERTS P&D]

Which one was it?

http://www.google.co.uk/search?hl=e...86,d.d2k&fp=7f3195b220b01685&biw=1366&bih=653

Andy

 

[Scoby_Beasley]

My guess is its one similar to this:

Hearthur The Grate

• Scoby_Beasley
• 5 Feb 2013
• 1

And they're bloody heavy!!

 

[thermoman]

Yes that is very similar
Does any body know a name for it or any details
Yes I have a solicitor no win no fee but we seem to sort paperwork and he just
Submits it to their solicitor

Thanks

 

[Scoby_Beasley]

My guesstimate would be 70 - 90kg. We had one and lifting it over the back doorstep (one me own, eejit) nearly nacked my back.
I was young n stupid though, never done that again. Motto now is if you kick it and it don't move its too heavy.