Man with Brain Injury Wins Claim against Employer after Workplace Assault

Author:
Caroline Fox
Senior Associate Solicitor, Serious Injury Claims
Date:
14/05/2021

Young man with personality changes after brain injury receives multi-million settlement.

Our client Tim (not his real name) was left with a life-changing brain injury after a serious assault at work, but with our help, he has managed to get the care, support and rehabilitation he needs to live with his injury.

Tim was at work when he was assaulted by one of his colleagues. He sustained serious head injuries in the attack, including a fracture to the skull and a brain haemorrhage.

The assault had several lasting consequences, including tinnitus and hearing loss in both ears, as well as a loss of smell and taste.

His brain injury also affected his personality, as he was prone to bouts of irritability, temper and frustration. He also suffered from vertigo, headaches and had problems with memory and concentration.

This had a big impact on his mental health, and he suffered from depression and anxiety following the attack.

Thankfully, the man who carried out the assault was convicted and sent to prison. But Tim felt that his employer hadn’t done enough to keep him safe at work.

He argued that they hadn’t taken any steps to prevent the incident from taking place, such as providing adequate training and supervision. Tim also believed that the man who assaulted him should never have been employed.

This, he felt, meant his employer was responsible for what happened, and he contacted our team of Serious Injury Solicitors to discuss claiming compensation.

As a specialist in handling brain injury claims, I believed Tim had solid grounds to claim compensation, so I agreed to help him get the care, support and rehabilitation he badly needed.

How We Helped

I arranged for Tim to be assessed by several independent medical experts, so we could prove the extent of his brain injury, and how it would affect his day-to-day life both now and in the future.

After approaching his employer with details of our claim, I managed to obtain significant interim payments of compensation. This meant he could get the rehabilitation, treatment and ongoing support he needed straight away, rather than have to wait for the claim to be settled in full.

Tim was able to move into his own home and live as independently as he could because of the care and support package that was also funded by the case.

What was the Outcome?

Tim was awarded £2 million in compensation, which means he can access the care, support and rehabilitation he needs to live with his brain injury.

This case is notable as the employer didn’t admit liability (fault) at first, but we pushed for information on the firm’s recruitment selection process and how they assess workplace risks. The employer’s insurer also tried to refuse paying out, saying that the employee acted outside the remit of his employment. Again, this was fought and the insurance company conceded this argument.

Since ultimately the employer was responsible for what happened, they eventually accepted responsibility, and we managed to reach a compensation settlement without going to Court.

The case settled successfully during a joint settlement meeting, which was done remotely because of Covid-19 lockdown restrictions at the time.

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