# PIAB: employer lost loss of earnings form, can claim no further loe?



## rescue16 (27 Mar 2011)

I have a claim in with injuries board for a car accident I had in March of last year.

Now everything was running fine until they asked for my final loss of earning form to be filled up by my employer.

Now I had to send this to my head office witch I have now being told they lost.

So here is my question since the last form was filled out I was only out for two weeks since so I told my solicitor to write to them and say I am not claiming any further loss of earnings and to continue without it and she refused to do this can I instruct her to do this or contact injuries board myself? 

Any help would be great thanks.


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## dazza21ie (1 Apr 2011)

It might be best for you to just ask for another form and get your employer to fill it up. The PIAB assessment might not be the end of your case therefore I think it may be unwise to put it in writing that you are not claiming any further loss of earnings.


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## rescue16 (1 Apr 2011)

Thanks for that I actually got the letter today so everything is back on track thanks again .


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## onq (3 Apr 2011)

rescue16 said:


> I have a claim in with injuries board for a car accident I had in March of last year.
> 
> Now everything was running fine until they asked for my final loss of earning form to be filled up by my employer.
> 
> ...




You solicitor does not appear to be acting wilfully.
There are rules to be observed in taking legal action.

Your solicitor has to advise you how best to proceed with the action.
Why do people engage professionals and then not want to take their advice?

Allowing your strategy to be derailed by a story of a lost form by your employer is not best practice.
Your employer can be referred to disciplinary procedures if it has not follwoed the law in relation to your documentation, promptly and in full.

You should realise that as an employee you have a raft of legislation supporting your rights and you should engage with your solicitor to support them.
I suspect you would be acting unwisely if you limit your claims in the manner you suggest - are you thinking that if you do this the claim ismore likely to succeed?

With personal injuries, there is always a possibility of a follow-on complication, so I would suggest that under no circumstances should you seek to voluntarily limit your claims.
If you persist in seekign to instruct your solicitor to carry out actions that are unwise they may withdraw from the case.

Your solicitor can best advise you in this manner.

FWIW

ONQ.

 All advice on AAM is remote from the situation and cannot be relied   upon      as a defence or support - in and of itself - should legal   action be      taken.
 Competent legal professionals should be asked to advise in        Real Life with rights to inspect and issue reports on the matters   at      hand.


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## rescue16 (3 Apr 2011)

onq said:


> You solicitor does not appear to be acting wilfully.
> There are rules to be observed in taking legal action.
> 
> Your solicitor has to advise you how best to proceed with the action.
> ...


Thanks for that the letter actually turned up so I did not have to do anything futher. Thanks again people mods feel free to close this thread if you want to.


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