We helped a young man who was severely injured in an industrial accident at work and as a result was unable to achieve his career goals. His life will never be the same again, but we were able to secure the treatment he needed and the compensation he deserved.
Our client was working as a factory employee at a premises in Speke, Liverpool. During the course of his work, he had to operate a cardboard box crushing machine, which malfunctioned. His right arm became trapped, and the machine seriously damaged his arm.
He suffered a complex open fracture dislocation of his right dominant elbow. This required surgery and will need more surgery in future. Our client was unable to work for 19 weeks. He returned for a while but then had to take a further eight weeks off due to further surgery that was needed. More assistance and care was also needed for him in the year following his accident.
Our client had wanted to be a bricklayer and had done initial training in this at college. He had only taken the job as a factory worker as an interim measure. The injuries he sustained in the accident meant he could no longer gain employment in his desired profession.
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We contacted the employer who admitted partial responsibility but did not accept that his future employment prospects would be affected. Several medical reports were compiled by a Consultant Orthopaedic Surgeon but the employer again did not accept these in full, and reserved the right to challenge them. The findings included that, in future, he may have to have an above the elbow amputation, but again the employer did not accept this.
We compiled a financial claim, which was made up of loss of earnings, an amount for care costs incurred now and for the future and travel expenses because of his injury. In addition to this we calculated an amount for lost wages. This was the difference between our client’s current wage and what they could have earned in their intended career as a bricklayer. This was calculated between the date of the accident and their future retirement age. The total of all of this was submitted to the employer.
Conclusion
The employer submitted a counter claim via their solicitors. A meeting was arranged between both parties to discuss the claims and the various items were discussed as well as medical reports plus other evidence. As well as his injuries, we pointed out that our client was also suffering from mental trauma, because of the accident.
We put forward every aspect of our claim to the employer and they in turn made counteroffers. After much discussion our client settled out of court for the final sum of £187,300 gross. This will help him going forward, paying for future treatment, and will compensate him somewhat for the future salary he may have earnt had he been able to achieve his dream career.
If you have been in an accident at work, our expert team of Personal Injury Lawyers can help you. We will speak with your employer and their insurance company to help you get the treatment and compensation you deserve.
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