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Questioner

I hired a personal injury lawyer early this year because I had a work accident in November 2016. This morning the lawyer called me and now the following comes. I injured my left shoulder after a fall down. In 2015 I also had complaints about my left shoulder due to heavy work through an employment agency. At the time I asked if I could get lighter work within that company, which I did not get. This year the personal injury lawyer asked me if I had ever had problems with my left shoulder before the accident, to which I answered no. I honestly did not think about it, I worked for so many employment agencies at that time that I did not think about it. Yesterday I received the report from the GP that I had problems with my left shoulder due to the heavy work at the time. The lawyer told me that he is now going to close the case because I had also had problems with my shoulder in 2015. He bases his argument on the accident having something to do with it, which in my opinion has nothing to do with it at all. I have not had any more problems with my shoulder since then, until the industrial accident happened, which was also acknowledged by the company where I worked, due to the lack of safety measures they had in the company. Now I am being pushed aside. I have been on sick leave for a year, I had my first-year check-up at the UWV last week and it turned out that I am not allowed to work. I go in and out of the hospital. My question is, is this allowed? Because I had problems with my shoulder in 2015 due to heavy work in another company, I am now being pushed aside due to an industrial accident because I now have a lot of problems and pain in that same shoulder. And what can I do about this. I probably have permanent injuries.

Lawyer

What an unpleasant situation you have found yourself in. Experience has taught us that it is not possible to give good advice without having seen the entire file. I am happy to look at your case free of charge and to advise you further after I have read the file.

Lawyer

How annoying. In any case, I wish you a speedy recovery. Often, data from previous injuries are used to prevent compensation. In this case, you must demonstrate that the injuries are not the same by requesting a statement from your GP. You can also consider having your GP's file assessed by an independent doctor to gain more certainty and clarity regarding the problem. In any case, you will have to provide evidence. Your lawyer can advise you further on this. If you are not satisfied with this lawyer, you are free to engage another personal injury claims handler.

Lawyer

What your personal injury lawyer says is not correct. If the GP's journal states that you previously had complaints, this absolutely does not mean that you are no longer entitled to anything. Your damage must simply be compensated by your employer's insurer. Is your current personal injury lawyer an LSA lawyer? These are recognized and expert personal injury lawyers. You need such a lawyer for this damage. A lawyer simply does not know enough to recover your personal injury damages properly. If you like, I would be happy to talk to you about what happened to you. If you wish, I can give you advice. I am an LSA lawyer myself and know exactly how we should proceed with your file.