Equity member gets justice for workplace injury
An Equity member whose knee was badly injured in a workplace accident today called on performance artists who are not yet members to join the union.
Andrew Cleaver of Streatham said “It is madness not to join Equity. When you are your own business as a self-employed actor, they are there to protect you and give you legal support, recommendations and advice. Your Equity membership subscription is money well spent.”
Mr Cleaver, who recently appeared in David Hare’s “Page Eight”, was speaking after accepting an offer of £2500 compensation for injuries he suffered on a two-day shoot for a major credit card commercial in early 2008.
During the course of filming he was obliged to run along beside a moving motor vehicle. Completely unscripted, one of the occupants opened the vehicle door, swinging it into his knee and knocking him to the ground. Although he was cleared by medics to continue working that day, he suffered internal damage to his knee and required considerable medical treatment and physiotherapy which meant he was unable to work for a number of months. “I remember walking and feeling like my knee was about to give way,” he said of the incident.
Mr Cleaver contacted Equity and was put in touch with Simon Wilson at Morrish Solicitors, Equity’s team of specialist injury experts who lodged his claim with the production company. Their insurers denied liability and refused to pay any compensation until Court proceedings were brought, whereupon they agreed to pay Mr Cleaver £2500 compensation.
“The day before my injury, a group of us on set were talking about Equity membership and some were debating whether it was worth it to belong. I told them at the time and I can completely stand by my words that it is absolutely, unequivocally worth it.”
Speaking of the legal service provided, Mr Cleaver said “It was fantastic, really good. Simon was very open about what I was likely to get, and he was very straightforward about my options. I do appreciate all he did, especially because like many performers I am not always easy to get hold of. Once the knee was fully recovered and I was able to return to work in late 2008, sometimes I would be away filming or on projects and I would get a letter saying “We’ve been trying to reach you” and they always got the necessary information to me. I felt I was kept up to speed with all the developments in my case. The compensation has covered my medical bills, my physiotherapy and the fact that I couldn’t work while I was recovering. Without Simon and Equity’s support, I don’t know if I could have got such a result.”
Solicitor Simon Wilson said today “Andrew’s claim was sadly typical of the way injured people are treated by insurance companies following an accident. He needed swift treatment to get back to acting work but the Insurers instead refused to accept responsibility and refused to pay him a penny. They ignored all attempts to instil some common sense and settle the claim, and as a result we had to go to Court to achieve some justice. As soon as the matter reached Court however, the insurers immediately admitted full responsibility and paid the claim in full.”
Explaining the insurer’s approach to the negotiations, he said “Some insurance companies hope that by refusing to engage sensibly with injured people, and by ignoring them or, in Andrew’s case by aggressively contradicting them, that Claimants will just give up and go away. It would have been easy for Andrew to do so as his working schedule is hectic and he has little time to deal with protracted arguments with insurance companies. That’s where Union lawyers like myself come in. I will always do my best to make sure that Equity members are properly cared for, and justice is achieved through the Courts if necessary. I have substantial experience of working for members of Equity, who are all unique. Morrish Solicitors recognises the realities of the life of a performing artist, a life which rarely involves working within a standard 9 to 5 framework. We too have to be flexible to meet those needs and to be available, as far as possible, outside of usual working hours. I’m very pleased that all the time and effort paid off for Andrew, and I wish him luck with his acting career now that he has received the medical treatment that he needed and deserved.”
Ends.
