by Praetor  11/09/2005  1633 Page Views
4 Comments  Employment law, compensation law
Hi, I don't know if this is the right section to post this in, but I'm not entirely certain what it comes under.

Recently we hired a company to cut a large tree down on our property, as it was overhanging our house, etc etc. When the workmen arrived, they determined that 2 people was insufficient to do the job, and asked me to help. I had reservations about doing it, but I said I would help anyway. In the course of cutting down the tree, I was keeping a rope taught to stop a large chunk of tree falling over onto the house with one of the other workmen.

Basically, the inevitable happened - the tree fell over - but the tree was taller than (I) anticipated, and it fell on top of me, trapping my ankle. I managed to get out without difficulty, and at the time, I felt alright, when it hurt a bit later, I thought it was merely sprained. The next day I realised that it was more sore than I first realised and went to a doctor.

It turned out that I had a cracked bone in my ankle, which means I'm in a cast for 6 weeks. The thought didn't really cross my mind at the time, but my dad suggested I may be able to claim compensation for the injury.

Do you think I would have a case? I am not the type that runs out and sues people at the drop of the hat, but the whole situation kind of peeved me, and seemed... wrong. The company involved has public liability insurance - one of the first things we asked before we even hired them.

I guess a complicating factor (potentially) is that the injury didn't actually occur on my family's land, but on the land next door - there are no fences, and it was necessary to use this land to pull the tree down.

I appreciate any thoughts/comments.

Thanks

Dave