If he wants to ensure that he will never play football again, this must be the way to do it. What club would take a chance on him now, knowing that he may turn around and try to sue them? Come on Rowan, man up.
Whether we like it or not, he may have a case. Presumably it's an insurable risk?Judging(pardon the pun) by what seems to succeed in court cases I would not be surprised if they found in his favour.
I'd be extremely surprised. He's an insured member of staff who has been given some top-class treatment to get him back to 100% whilst not putting in the required effort himself. I really don't see how this is different to any other player who has been badly injured. Many are forced to retire and give up their wages too whilst Rowan has kept going, been crap and criticised by other managers when given a chance to get match fit on loan and refused to take a pay-off.
It'll be nothing to do with what's happened since the injury, it'll be solely how it happened, was it avoidable? and whether there was 'intent'. This is simply an employee v employer case. If, as is mentioned earlier in this thread, they were not wearing shin pads when this happened he will have a very strong case under 'duty of care' against the employer. I'm a union rep at work and regularly deal with injury claims even when the employee has been to blame for an accident/injury they can claim against the employer and win payouts under the 'duty of care' responsibilities of the employer.
If there's a precedent then it would be interesting. Is it QPR's legal responsibility to ensure players wear shinpads, and if so, did they advise it at some point? One has to question why (if indeed this is even a real case as it's probably not) he would decide to do this now and not a year or more ago. Also would the fact he's been paid for nearly two years, amounting to the best part £2million (gulp) since the injury plus god knows what in promotion bonuses make a difference to any pay-out? It would set a dangerous precedent in my opinion and is also incredibly morally wrong.
You have three years from the date of an accident/incident to lodge a claim with the court, he will have been given legal advice so I guess he will view the injury as career threatening/ending. The wages paid will be deductable from the settlement although with footballers on term contracts this may be different to normal cases. As for morally wrong we don't know the full detail of the case and you only have to look at Cookie and Rowly to realise what a difference a serious injury can make to a player and the mental hurdles that can put in front of a player attempting a comeback.
I don't think merely advising players that they should wear shinpads would cover the club against negligence; a system would have to be in place presumably whereby players would not be allowed to take part in training sessions unless they were wearing them, and somebody would be responsible for ensuring that this procedure was complied with. I know it sounds kindergarten but much of this workplace legislation is framed like that. Morality doesn't enter into it; either he has a case or he doesn't.
Fair enough. I can honestly say I know **** all about workplace regulations and the like. I just don't see how this is any different to the thousands of footballers and other sportsmen who have got injured in similar circumstances.
So, what I don't understand here is that Vine has continued to pull down a very good wage from QPR throughout his recuperation period and has been treated very well by the club generally. So, what's his beef? He's surely not claiming he would have been good enough for a PL squad were it not for the injury? Where's the evidence to support that?! Any anyway, don't all these players have insurance?
Why should he get a payoff.....he cant claim loss of earnings as we have been paying him his full wage for the last couple of years and not only that, he got £250,000 promotion bonus when we got promoted, even though he contributed nothing. he's too lazy to get properly fit and is now a league 2 player at best.
I cannot access the people article so cannot read why he feels the club let him down. He did get an injury at work, however, if he was provided with the necessary protective clothing (ie shin pads) and refused to wear them, then the club soul have got him to sign a disclaimer against any injury or stopped him from playing. However, when we signed Vine as a 25 year old, it would suggest to me that he would have used shin pads from an early age. Also, has he received some dubious legal advice/ i am constantly bombarded by txts from compaies saying I have had an injury and can sue.......but wha I don't understand is the fact I haven't had an accident!!!If I met th txt then that might be different...... also QPR have helped Vine get loan moves in order to improve his fitness and hopefully get him an opportunity elsewhere. personally, I think he should get off his backside and prove to Exeter (and any other interested party) that his head is in the right place and that he is worth taking a chance on. A footballers career is short enough....
Sue QPR?! For what? Paying up his extravagant wages in full week after week even though he is utter shi*e? How dare they...... Good luck with that one. Douche!
sooperhooper, surely wearing shinpads comes under personal responsibility? if your handling steel in a factory for example but don't wear gloves that the company has provided then surely it's your own fault?