£400,000 Compensation for Accident at Work

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Amy Baker

Graduate Solicitor Apprentice

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A Work Accident Claim Case Study – £400k for man hit by ladder at work

Our client was working with a colleague who placed a ladder on top of some tarpaulin. The colleague pulled on the tarpaulin, causing the ladder to flip over and hit our client on his head. Our client sustained a two-inch laceration on the front of his head along with post-concussion syndrome.

As a result of his injuries, he struggled to perform his role as a manager at work and felt that he needed to work twice as hard to meet the standards expected of him.

This proved too difficult for him, so he had to give up his role. Although he has tried to find different jobs, each attempt to find work was unsuccessful until he took a role with significantly less responsibility and pay.

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How We Helped

Our client decided to claim compensation for his Accident at Work and the impact the injuries have had on his life.

He contacted our Personal Injury Solicitors for free legal advice. Senior Associate Solicitor Caroline Fox agreed to represent him, as she believed he had a good case for compensation. Following her investigation and submissions to the Defendant’s Solicitor, Caroline secured an early admission of liability (fault).

Caroline secured several significant Interim Payments and arranged for our client to receive input from a Case Manager, who prepared an Immediate Needs Assessment. They arranged for our client to receive neuro rehabilitation doctor-supervised program designed for people with diseases, injury, or disorders of the nervous system). However, he still suffers from continuous pain, short-term memory loss, depression, and anxiety.

The Outcome

Caroline secured a total of £400,000 compensation for our client.

It was important to our client to settle his case as quickly as possible because he found the litigation extremely stressful. That said, he would only settle his case for a fair amount of compensation. Even with the involvement of 7 experts in the case, the case concluded within 2 years.

Your Employer’s Responsibilities

Every employer has a responsibility towards their staff members which is to keep them safe whilst at work. They must provide you with a safe environment to work in that is built on safe systems and policies.

Your employer must also adequately train all employees to a sufficient standard so that everyone is competent in their role and understands how to carry out their duties safely. So that everyone can work safely, all equipment must be thoroughly tested and deemed to be safe.

If you don’t think that your employer is meeting their legal requirements, you must report this immediately. If you are then injured as a result of their negligence, you may be eligible for compensation.

If your employer disputes their liability and they put the blame onto you, it is then their responsibility to prove their version of events. They may argue that you were either partially or fully responsible for your accident, but they must provide evidence that confirms that this is true.

Self-Employment

If you are self-employed, you are still protected under UK law. If you are providing services to a third party and you are injured in an accident at work, the company that you are contracted to may be liable.

If you are unsure whether or not they are responsible for your accident, please get in touch with our Personal Injury Solicitors. We will discuss your accident in detail to determine who is liable and whether you have a claim for compensation.

Types of Accidents at Work

Regardless of your job role or what industry you work in, there is always a risk of being injured at work. Whether it is a result of someone not doing their job properly, your employer failing to adhere to their duty of care, or negligence, accidents can happen.

Here are some of the different types of accidents that can happen, which you may be eligible to compensation for:

  • Broken or faulty machinery
  • Falling from height
  • Slips and trips
  • Collison with a vehicle
  • Injury after manual handling
  • Construction site accidents

How to Claim Compensation for Your Accident at Work Injury

If you have suffered an injury at work that wasn’t your fault, you may be entitled to compensation. You should contact an expert solicitor to help recover compensation on our behalf.

To give you an idea of the claiming process, here’s what will happen once you get in touch with our Personal Injury Solicitors:

Free Claims Assessment

Following your accident, your health is paramount. You should seek medical attention as soon as possible to make sure that you are getting the physical care that you need.

Once you are on the road to recovery, if you are considering claiming compensation, we can arrange a free no-obligation claims assessment. During your assessment, we will ask you to explain what happened and talk through the events that led up to your accident. We will also ask about any injuries that you sustained as a result and how they are affecting your life.

Our solicitors will then let you know if you have a claim and how we can help you bring your case forward.

Contact Your Employer’s Insurance

If we think that you have a good case, we will start by contacting your employer’s insurance company. For us to do this, your employer must have liability insurance cover in place at the time of your accident. Any compensation you are awarded will be taken from this policy, not your employer directly.

Interim Payment

As long as your employer admits liability (partial or full) for your accident, we can then request an early interim payment before your case is settled. This is important for anyone who has sustained injuries and have immediate costs, such as home adaptions or care.

Gather Evidence

To help your case, we will collect all the evidence that we will need to support your claim. This will include photos, videos, and witness statements, if possible. We will also arrange an independent medical assessment of your injuries. This will provide us with a report on the severity of your injuries, how they are impacting your life, and how long this is likely to continue. Based on this we will determine how much compensation you are entitled to.

Rehabilitation

If your injuries require you to seek rehabilitation, we can help get this arranged. We will speak with your employer’s insurance company and ask them to pay for this treatment. This may include counselling, physiotherapy, and surgery. This list isn’t exhaustive and because every claim is unique, we will consider your individual needs.

Court Hearing

If your employer doesn’t accept liability or the case does go to Court, we will be behind you the entire way to support you. Most of our Personal Injury claims are settled outside of Court, so this shouldn’t be necessary.

What You Can Claim Compensation For

If your employer was negligent and ignored their duty of care responsibilities which resulted in you having an accident at work, you can claim compensation for your pain and suffering, which is referred to as ‘General Damages’. However, you can also claim for Special Damages, which can include:

  • Loss of income
  • Loss of future earnings
  • Care costs
  • Medical treatment, including prescription charges
  • Damage to your personal belongings
  • Travel expenses

There may be more than one thing that you would like to claim for. As there is no limit on how much you can claim for, we can help you to understand everything that you are entitled to.

Time Limits for Accident at Work Claims

You will have 3 years to start a compensation claim following your accident at work. But if you were unaware of the true extent of your injuries, this time limit will begin from the ‘date of knowledge’ which is when you first became aware.

While 3 years seems like a long time, claims can go on for several months or even years in some cases. For this reason, you should get in touch with our specialist solicitors as soon as possible. The earlier that your claim is made, the better it is for your case because evidence is much easier to uncover. It’s also easier to assess the severity of your injuries and witness statements will be more accurate.

Why Choose Us for Your Accident at Work Claim

Our Personal Injury Solicitors are experienced at handling thousands of these types of cases. We have a strong history of recovering compensation for our clients to assist them with re-building their lives following an accident.

Our team of specialist solicitors are recognised nationally as experts in the field, with our staff being members of the Association of Personal Injury Lawyers (APIL) and Headway.

We pride ourselves on transparency and we focus on alleviating the stress of legal proceedings. Our approachable manner makes sure that you always know where you stand, as we will only communicate with you in plain English, so you never have to worry about complex legal jargon.

Get in touch today to schedule a free claims assessment – ask us about our No Win, No Fee agreements.

References:

www.simpsonmillar.co.uk. (2023). Accident At Work Claims | Simpson Millar Solicitors. [online] Available at: https://www.simpsonmillar.co.uk/personal-injury-solicitors/accident-at-work-claims/.

Amy Baker

Graduate Solicitor Apprentice

Amy is a Graduate Solicitor Apprentice within our Personal injury department, based in our Manchester office.

She helps clients who have sustained injuries resulting from accidents at work and accidents in public places to recover compensation for the injuries they have sustained.

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