So, here is the state of play regarding cost recovery from Spiral Foods – their lawyers and insurance company are now involved.
Legal Information from my contact with my lawyers
I met with a lawyer today to ascertain the viability of proceeding with a legal case.
Some of what I discussed will remain confidential (bearing in mind Spiral Foods representatives read this site), but here’s where I am at. I hope it gives you renewed hope.
I will be pursuing medical costs and lost time from work, now. I can’t tell you on what basis this will happen, but it is made under established legislation. If you email me, I can provide this info for you.
If, within the next 3 years (according to current Victorian legislation), I have continuing ongoing issues, then the matter can be taken further then under damages legislation.
As an aside, the lawyer advised me that anyone with more serious issues, such as extended time off work, serious heart, thyroid (or otherwise issues) or pregnancy issues (miscarriage or otherwise), ought to contact Slater and Gordon immediately. They have a dedicated area for handling this issue.
Although this absolutely does not constitute legal advice, it has been strongly recommended that no one sign anything that limits your ability to sue for damages later down the track.
So, if you are offered compensation for medical costs/time off work on the basis that you will not be able to take action later, it was strongly recommended to me that one should not sign any agreement that contained such a provision.
Information from Spiral Foods
Until May 2010, I have had zero response from Spiral on recovering costs. I initially called them and they seemed amenable, providing me the contact below.
Previously, the contact for enquiries was Lisa Carey at Spiral Foods (Ph: 1300 303 794).
Incidentally, the new contact, according to the current press release on the Spiral website is:
Professional Public Relations
Phone: 02 9818 9311
Mobile: [removed for privacy reasons]
E-mail: meghann dot dengate at ppr dot com dot au
Despite several attempts to elicit a response, I have not received anything until the morning of May 10th, 2010.
Here’s what I got back.
Thank you for your email. We confirm that your email was forwarded to our insurer. We have now been advised that our insurer has appointed lawyers to investigate the matter and will send a copy of your email to the lawyers. As you can appreciate under our insurance policy any compensation claims must be dealt with by the insurer and its lawyers not by Spiral Foods. We understand the lawyers are in the process of investigating all potential claims. We understand your frustration and we have urged the insurer and its lawyers to deal with your email as quickly as possible.
So, my advice (remembering I am not a lawyer) is that you collect your medical costs, keep all your receipts (including for medication) and keep a track of all your days off work.
More information as things develop…