Comprise agreement that didn't take into consideration my sickness

A question about : Comprise agreement that didn't take into consideration my sickness

Hi all,

In 2007, after a year of hard work but unfortunately accompanied by harassment, I have signed a compromise agreement but this contract didn't take into consideration a sickness i start having at that period (chronic severe headache). Until today I still have this illness and presently I cannot work due to this last.

At that time, I was under medical investigation by the company's doctor (and my own GP) who asked me to come back to see him in a month but I have been made redundant before next scheduled date of the medical assessment.

Since the compromise agreement had just offered 6 months salary (6 years later i still sick...) there is a way to reconsider this contract?

Thanks in advance for your help,

MoonDragon

Best answers:

• A compromise agreement cannot bar out a personal injury claim. So the CA would not stop you making a claim for any injury (physical or psychological) that you suffered as a result of the way you were treated. However, the limitation period for PI claims is normally three years, although there are exceptions to this rule. You should see a solicitor immediately if you wish to pursue this.
• Has a medical pro said what the cause of the headache is?
  Seems unlikely it is work related after all this time, unless you worked with dangerous chemicals or similar.
• We can see that - but what evidence have you got to say that your headache was CAUSED by the employer [not that it started at the same time]?
• Think you will have a real problem proving the link (the symptoms did not go away when you left). But may be worth speaking to a no, no fee lawyer to see if they will risk their time and money.
• MoonDragon, I'm not sure you understand the issue Sambucus Nigra and ILW have (quite validly) raised. In order to make a personal injury claim, you need to show a causal link between your injury and your employment. From what you have said, no doctor has made this link, indeed no doctor has found any cause.
  Some illnesses do not have a cause, they simply happen. For instance, someone can lead a very healthy lifestyle and then develop lung cancer - no history of smoking, being in smoking environments etc. From what you have said, it appears that your condition is the same - one of those unfortunate things that life throws at us. I cannot see anyone entertaining your claim without medical evidence to support a link between the illness and the employment.