We helped our client, who we’ll refer to as Miss G, obtain compensation after she suffered significant injuries whilst working as a support worker at a commercial care home.
At the time of the accident, Miss G was standing on an outdoor terrace area whilst her senior manager and another colleague were helping a resident, JR, up the steps leading to the terrace and into the building.
JR is in his 20s and has autism spectrum disorder. Miss G had been told by her senior manager to stay where she was at the top of the steps as it would make it easier for them to transfer JR inside. Miss G took this as an instruction and remained on the raised area, standing in a way that she could see both the communal garden area and the steps.
As JR mounted the steps to the terrace, he momentarily disappeared from Miss G’s peripheral vision and she felt him push her in the middle of her back. This caused her to tumble down the wall surrounding the terrace, falling a distance of between three and four feet to the ground.
Miss G lost consciousness for 10-15 seconds and felt an immediate pain, there was also a visible deformity to her left elbow.
The Impact on Miss G’s Life
Miss G was taken to hospital where it was found that she had suffered a fracture to her distal humerus, making up the upper part of her elbow. This required doctors to manipulate the area while she was under sedation. Miss G then had her left arm put in a cast which was later replaced with a humeral brace.
In the next few weeks and months, Miss G continued to have limited movement in her left arm and struggled to fully extend her elbow. She has been informed by a specialist doctor that this is likely to be permanent.
As a result of the fall, Miss G also suffered a mild traumatic brain injury and some visual disturbance. She still continues to experience headaches and dizziness frequently.
Psychologically, Miss G has struggled since the accident, she feels extremely self-conscious about the scar that has been left on her arm and dresses to make sure it is always covered up. She has also suffered with anxiety about people accidentally touching the scar, this has led to her experiencing at least two separate panic attacks.
Before the accident, Miss G went to the gym at least twice a week and swam frequently. Now, she is no longer able to go to the gym because of the restricted movement in her left arm. Although she still tries to swim, it has become increasingly difficult as a result of her injuries.
How we Helped
We sent Miss G’s employer a letter of claim outlining the circumstances of the accident and how they were negligent in their common duties towards their employee. We identified that they had failed to provide for Miss G’s health and safety at work and they had exposed her to foreseeable risk of injury.
We then arranged for Miss G to be seen by medical experts who confirmed she was at around a five percent risk of developing late post traumatic epilepsy. If Miss G develops this form of epilepsy in the future, she will experience a further deterioration in her physical condition and therefore has the right to seek an award for provisional damages.
We considered all of this in the valuation of Miss G’s claim and included an Order that stated if her physical condition worsens, she will be entitled to apply for further damages.
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