Our client was working as a delivery driver and was attending a customer’s premises to deliver a pallet. To access the back of her van she used a Rhino safety access step which had been fitted to the back of the vehicle. The driver stepped onto one side of the step to retrieve a fallen box. As she did so, the step gave way causing our client to fall backwards.
She injured her right leg, hip, and knee. Instantly she was in severe pain and was taken to the accident and emergency department at the local hospital. She had x-rays taken and although no broken bones were evident, she was given a splint to support her knee and crutches. She saw a physiotherapist who believed there had been an internal derangement of the knee and in turn referred her to an orthopedic surgeon. An MRI scan of her right knee and lumbar spine revealed a complex meniscal tear and she therefore had to have surgery.
Our client continued to suffer from pain and disability in her knee but returned to work around 8 weeks later, however due to her injury she was unable to carry out her usual job. The pain in her knee got progressively worse and she was put on light duties which had a significant impact on her earnings. As time went on, she found herself stumbling and falling, including two significant incidents a few months apart. She was seen again by a consultant who noted significant degeneration and recommended a knee replacement operation.
How we Helped our client
We contacted the company concerned and they admitted liability. They had failed to ensure the Rhino step on the van had been properly fitted and repaired following a previous incident.
We compiled a claim which we submitted to our client’s employer. This included an amount of damages for her injury and also we calculated the amount of care she had needed so far. She had been tended to by various members of her family and, for a while, had to leave her home to live with her partner after a particularly bad spell. While some normality has now resumed, she still requires help with domestic tasks and has to be taken to and from medical appointments. She had been signed off work at various times, due to the accident, and as a result had missed out on a significant amount of income. We included this in our calculation as well as calculating any future costs for treatment and care because of her ongoing issues. While the claim was negotiated, we were able to secure an interim payment from her employer to help with her costs so far.
After discussions with the employer, they proposed an out of court settlement of £120,000 which our client accepted. This will be used not only as material compensation for the injury and the stressed caused, but also as redress for the lower salary which she will now be restricted to due to her disability. Future care costs and treatment are also covered by this sum.
If you have been injured at work and you feel your employer may be at fault, contact our team of expert Personal Injury Solicitors. They have experience helping people like you and can often deal with your case on a No Win No Fee basis.
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