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T.DePas
T.DePas, Attorney
Category: European Law
Satisfied Customers: 456
Experience:  Solicitor - Ph.D. Doctor Europaeus in EU law
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Dear Sir/Madam, I have incurred into an accident that ultimately

Customer Question

Dear Sir/Madam,

I have incurred into an accident that ultimately led me to have an operation and has rendered me unable to work and even to have a normal private life.

As I tried to ask the hiring company for help in the situation and to explain me my rights,
I had no answer and was told for several times that they had no time.

At this moment I am in physiotherapy learning how to walk properly over this accident.

How can I have assistance in my rights for this specific situation and law/lawyerassistance to guide me in this process.

My e-mail is :XXX@XXXXXX.XXX

Best Regards
Submitted: 1 year ago.
Category: European Law
Expert:  T.DePas replied 1 year ago.
Dear customer,

Thank you for contacting JustAnswer.

Could you please explain if you had the accident during the working hours? Otherwise, could you please explain in more details the facts of the accident?

I look forward to hearing from you.

Best,

Tiziana
Customer: replied 1 year ago.
Hi, this accident took place in the companies facilities.
I work through an human resources company for this company.
This occured because safety measures where continuously ignored, and I even wanrned my self about that and evenutaully I was the one getting hurt.
Now, because the people from the temporary human resources team keot on igonring I decided to make an oficial complaint about it to an oficial instittution.I tried to ask for all kinds of information or help and nothing.

Any chance that we could speak online through a face to face platform?
Expert:  T.DePas replied 1 year ago.
Hello,

I am afraid not. There's no platform provided to talk face to face.

Anyway, I would suggest you stopping asking the company about the procedure you need to follow. They are directly involved and, as far as it happened within the working hours and within the company facilities, they know they can easily be sued into Court or even just extra judicially.

You would need to contact a lawyer in your area who at first place would send to them and to their insurance company a registered email in your representation to ask for all damages.

You would be entitled to receive patrimonial and non-patrimonial damages.

The firsts might consist in what you are patrimonially loosing as a consequence of the accident.

The seconds are the damages that are linked to the permanent or temporary loss of health that you are suffering as a consequence of the accident.

In any case, I would suggest you to ask your colleagues to testify that what happened is true and that it happened exactly in the circumstances you are telling.

In most of the cases, after this step, the insurance company contacts you to agree on the amount to pay to you as tort.

If they deny you this, then the lawyer would suggest you to sue them into Court.

I hope this helps. If you are happy with my answer, please rate it positively and if possible agree for a bonus. This would be without any extra charge from you and is the only way I can get paid for my service.

I remain at your complete disposal should you need any further information.

Best,

Tiziana
Customer: replied 1 year ago.

And In terms of european laws and rights?How can I see what are my rights?


 


Can I have the right to legal assistance from the european Union?


 


Also, to whom can I recur to evaluate my full situation and make sure that I will have a full recovery.


 


And how do I evaluate my losses to account them when I ask for a value?


 


Where, online, can I find more on this, the patrimonial and non-patrimonial damages.


 


Thank you regards

Expert:  T.DePas replied 1 year ago.
Dear customer,

Thank you for your follow-up questions.

1)"And In terms of european laws and rights?How can I see what are my rights?"

Your case does not fall under the scope of EU law. These are common general principles of civil law which are applicable in the private sector and where a matter of insurance law is involved.

2) Can I have the right to legal assistance from the european Union?

EU law does not provide for any right to legal assistance nor the EU provides citizens with this. If you do not want to pay for a lawyer, you might want to look for one who also deals with pro-bono cases. In any case, you should consider that in case you "win" the case, which is very likely to happen, the insurance company will have to pay for all legal expenses.


3) "Also, to whom can I recur to evaluate my full situation and make sure that I will have a full recovery.
And how do I evaluate my losses to account them when I ask for a value?"

The lawyer will generally ask for the payment of "all damages" to the hiring company and its insurance. Later, at the moment of the agreement on the amount, he will evaluate your full situation on the basis of what you have economically lost as a consequence of the accident and of your medical certifications. To be possible to evaluate all the damages you will first need to recover to know exactly all the consequences of the accident.

3) "Where, online, can I find more on this, the patrimonial and non-patrimonial damages".

I would suggest you to read this:
http://www.golegal.co.za/human-rights/general-damages-%E2%80%A6-general

Nonetheless, please consider that they are very technical proceedings and you would always need a lawyer to represent you.

Please rate my answer positively and, if possible, agree for a bonus. This would be without any extra charge for you.

Best,

Tiziana
Customer: replied 1 year ago.

Thank you for your answer it was a great help.


 


I would also like to ask you...


 


When preparing for a law suit against the company, what can I do to safegard my rights in terms of future jobs?


Will this be mentioned - that I tried to previously sue a company over an accident?


 


Also what are the elements of most relevance to present in court in order to refute my case?


 


Both in related with the accident first, and second the impact it had in my personal life?


 


 


If after the accident we have incurred in further injury over the case having been ignored how can we prove that, and how can we have that as a proof to also prevent against the company or in court?


 


regards


 


 

Expert:  T.DePas replied 1 year ago.
Dear customer,

Thank you for your appreciation.

Here are my answers to your further follow-ups:

1) When preparing for a law suit against the company, what can I do to safeguard my rights in terms of future jobs? Will this be mentioned - that I tried to previously sue a company over an accident?

No, these are personal data which cannot be released by the company.

2) Also what are the elements of most relevance to present in court in order to refute my case? Both in related with the accident first, and second the impact it had in my personal life?

The only element that could make you loosing your case could be a lack of proof about the link of causality between the accident and the physical damages you got as a consequence of it. This is the reason why I suggested you, not only to keep all your medical reports where a doctor states the injuries you got as a consequence of the accident, but also to ask your colleagues to witness about what happened.

3)If after the accident we have incurred in further injury over the case having been ignored how can we prove that, and how can we have that as a proof to also prevent against the company or in court?

Through your medical reports. All the immediate and subsequent consequences of the accident must be paid to you.

Please, do not hesitate to rate my answer positively and if possible agree for a bonus.

Best,

Tiziana
Customer: replied 1 year ago.

Thank you for your answer.


 


Its helping to organize my process to present to the company.


 


I had however a problem, the facilities have televised supervision and later I asked the Supervisor for images of the accident and he denied having seen any images.


 


The doctors have given me the report over my complaint stating that it ocurred in a accident however, I noticed that this would be troble for the supervisor and due to that he denied having had knoweledge to the accident having taken place..


 


Can they refute this matter by saying that nothing happened because we have no images whatsoever.


 


Also, if the girls that so it, wich were actually the cause of the accident, deny to give me a proof that they witnessed how harmfull can that be for me to prove that the accident took place.?


 


My biggest question is that im working through a Tempo-team through another company and they both seem to be trying to avoid complications obviously.


 


How can I have from them any sort of proof regarding the accident?


 


Also, the workers from tempo-team (wich always tried to avoid the situation) never did or presented to me any official report.


 


How do I stand facing that if they deny that the accident took place?


 


Regards

Expert:  T.DePas replied 1 year ago.
Dear customer,

Thank you for your follow-up.

Since there are images and video, you should not ask further to witness what they've seen through them. You should just exercise your right to access them. The company can not refuse to release images about you. The lawyer would make a formal complaint to protect this right.

Since you are working through a Tempo-team I suspect your lawyer will sue both companies and their insurance for liability. But this depends on what is stated in your agreement. The lawyer will decide what's best for you.

Please do not hesitate further in rating my answer. A bonus would be very much appreciated.

Best,

Tiziana
Customer: replied 1 year ago.

Thank you for your reply.


 


There was a continuous series of incidents which i´ve witnessed.


Since breach of duty, to serious uneducated approaches towards me, or continuous breach of security measures which endangered the workers.


All of this done day after day after day..


 


Safety measures not supervised, negligent working procedures, frequent violation of defined safety paths, uneducated and unprofessional aproaches with the intent of causing pressure resulting in serious working stress.


 


And ultimately lack of personnel training regarding safety measures, reason why I incurred in the accident.


 


 


How can that also be added to this complaint?


 


Regards


 


 

Customer: replied 1 year ago.

_______________________________________________________


May I ask for how long will I be able to consult you?


I initially thought this was a trial period but now I´ve noticed that a certain amount was credited from my account.


 


For how long will this consult be available for ?


 


Thank you


 


Regards

Expert:  T.DePas replied 1 year ago.
As far as the break of safety rules has not determined the specific accident we're talking about, this does not fall into the scope of the liability for your accident.

For these problems, you can just make a complaint to a trade union which could solicit the public administration to do an inspection.

When you make a question on JustAnswer you deposit a certain amount half of which is used to pay the expert who answers your question if you rate the answer positively.

The consultancy is limited to the answer about a specific fact (in your case the accident). On the subject of your first question, we can discuss until you are satisfied.

Please rate positively, otherwise I won't get compensated.

Best,

Tiziana
T.DePas, Attorney
Category: European Law
Satisfied Customers: 456
Experience: Solicitor - Ph.D. Doctor Europaeus in EU law
T.DePas and other European Law Specialists are ready to help you
Expert:  T.DePas replied 1 year ago.
Dear Goncalo,

I hope my answer was of assistance to you.

I would be very grateful if you could rate it positively and agree for a bonus. Like that I can get paid for my job with the amount you have already deposited.

I remain at your complete disposal should you need any further information.

I look forward to hearing from you.

Best,

Tiziana
Expert:  T.DePas replied 1 year ago.
Dear Goncalo,

I hope my answer was of assistance to you.

I would be very grateful if you could rate it positively and agree for a bonus. Like that I can get paid for my job with the amount you have already deposited.

I remain at your complete disposal should you need any further information.

I look forward to hearing from you.

Best,

Tiziana
Customer: replied 1 year ago.

Thank you for your reply.


 


I have some further questions I would like to expose to you.


Would it be possible for you to give me your insight on this.


 


When I had the accident on the 7th of march, I did not report it immediately, by coincidence my next day was a day off.


 


However, when I reported the accident the workers from the human resources company said they knew nothing about it.


Later on, when I mentioned the video cameras they said that there were no images of the acident, but on the other hand when I asked the supervisor He specifically told me that there were cameras everywhere in the warerehouse.


 


Because of the neglective attitude from the human resources company I decided to present a formal complaint to the work inspection and they will be expecting a report from the company where I had the accident.


 


In the case that these images were deleted, all I have is the medical reports, but if these images are not found can they deny that the accident took place.


 


We are talking about a huge multinational company, which I noticed that they were (I came to realize later) doing everything to prevent me of gathering information about my accident), denying all of this.


 


1- How can I proceed/or what do I need to do to elaborate a complete and clear report on what happened?


 


2 -And how do I expose the physical and phsychological consequences after all this time that I have been under this situation?


 


 


Thank you for your time and understanding.


Regards


 


Thank you


 


 


 


 


 


 


 

Expert:  T.DePas replied 1 year ago.
Dear Goncalo,

To elaborate a complete and clear report on what happened you would need your medical reports and some images or witness that confirm that the accident took place as you describe. In case you only have medical reports, you could still try to contact a lawyer to ask to tort to the Company and its insurance, but the situation will be less clear and you cannot be sure that your get your tort.

The physical and psychological consequences after all this time will be certified by further medical reports if the ones you already have are not enough.

You really need to contact a lawyer to build up your defence on the basis of the papers you already have and on the ones you can get from the company.

I hope this helps. If you are happy with my answer, please rate it positively and if possible agree for a bonus. This would be without any extra charge from you and is the only way I can get paid for my service.

I remain at your complete disposal should you need any further information.

Best,

Tiziana
Customer: replied 1 year ago.

 


I already started to build on that.


 


This week Im going to have a meeting with the doctor from the human resources company and the recruiters that work at the company.


 


I see that meeting with some resistance, what should I do to safe guard my interests during that meeting, since Im going to be alone with 4 people from the other side?


 


Also, if they do not adress the situation as an accident and try to deny how can I introduce the matter and make sure they recognize?


 


Thank you for replying at this time!


 


Best regards


 


 

Expert:  T.DePas replied 1 year ago.
Dear Goncalo,

being a doctor working for the counterpart it is very likely that he will deny what you state. As a consequence, you should ask your lawyer to refer you to a forensic doctor who could come with you at the meeting and participate to the medical visit under your request.

Please do not hesitate to rate my answer positively and if possible agree for a bonus. Just like that I can get paid for my service.

Best,

Tiziana


Customer: replied 1 year ago.

Dear lawyer,


 


today I got this comunication.


__________________________________________________________


In response to your email sent to our Recruitment department on June 4, 2013, I can inform you the following.


 


In your email you informed us that you had an accident at Samsung on the 7th of March 2013. However, there is no evidence of this matter. On that day, that according to you the accident has happened, you did not report this to Tempo Team or Samsung. You only reported this accident –as far as we understood- several days after the 7th of March to Tempo Team.


On the 7th of March, you finished your whole working shift according your normal schedule and also the days after the 7th of March you were functioning as normal in your shifts.


 


In reference to the above and research on our side there were no facts and circumstances found that show that an accident took place at Samsung.


Before we can take any further steps, we have to receive a more detailed explanation of what occurred on the 7th of March 2013 (time, place, why, what….) and what affect this had/has on you.


We would like to see your detailed explanation in the short term.


_________________________________________________________


 


As consequence of this I want to immediately proceed to a process, and I would like to ask you how I can elaborate my reports to proceed to a claim?


 


Furthermore, I would also like to ask you what are the courts procedures, in order for me to realize how it works and how to elaborate those...


 


Best Regards

Customer: replied 1 year ago.

Hello,


 


 


I received the comunication from my previous e-mail and I would like to apologize for that.


 


This situation is rather unconfortable and I am completely alone and thats why I sent that...hoping I could get any advice.


 


 


I don´t know if you are still able to reply at this point but I would like to ask you if you can provide names of institutions for human rights in Europe and other european institutions regarding accidents and complaints.


 


Thank you


 


Regards

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