Case Study: £150,000 Compensation for Accident at Work Claim

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Eleanor Walker

Associate Personal Injury Solicitor, Serious Injuries

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A man in his 30s, named Mr P, had an accident at work, whilst he was employed as a factory worker. One day, he was tasked with changing a box of material, which required him to climb a ladder to reach the top of the box. Whilst he was on the ladder, Mr P slipped and fell from a height of around 5-6 feet.

When he fell, our client landed heavily on his left ankle, which gave way and caused severe pain. He was taken to hospital, where he had x-rays taken, and was then put into a plaster cast for a possible fracture. Soon thereafter, he was later told it was an acute sprain injury and he was put in a walker boot for 4 to 6 weeks.

A walker boot, or orthopaedic boot as they are referred to in medical terms are used for injuries to the lower leg, foot or ankle. They are made to repair any damage, and prevent any more damage to the affected area. The longer you wear the boot, depends on the severity of your damaged limb.

After the 4-week stint in the boot, Mr P returned to work but had considerable pain in his ankle still. Our client was then referred to a consultant orthopaedic surgeon, who arranged an MRI scan due to his ongoing pain and suffering. He subsequently underwent surgery for ligament repair and was again placed in plaster cast for recovery. Unfortunately, due to the plaster cast, he soon developed a blood blister, which became infected and required further surgery – and prolonged his recovery.

Mr P underwent rehabilitation classes and physiotherapy, but continued to suffer symptoms in his ankle despite all attempts at aiding it. A CT scan revealed the possibility of an ongoing infection, which resulted in him having to be seen by medical professionals again. He underwent further surgery due to this and had another plaster and boot fitted. Once removed, he then wore a brace and did a further course of physiotherapy – which was hopefully meant to be the last.

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Ongoing Injury

Our client continues to suffer with pain in his left ankle, and the longevity of his recovery has resulted in a damage to his quality of life. He has severe aching when on his feet for a prolonged period of time, which means he struggles with long hours at work, and it has also impacted his ability to do jobs around the house, or any other menial activities that he would do prior.

Following the accident, he developed an adjustment disorder with Mixed Anxiety and Depressive Reaction as a consequence of his ankle injury. He suffered from anxiety, avoidance behaviour, flashbacks, sleep disturbance, irritability and low mood.

The guidelines list six types of adjustment disorders that are as follows:

  • With Depressive moods: feeling sad and tearful
  • With Anxiety: Nervousness, worry and unable to concentrate
  • With Mixed Anxiety and Depressed mood: Blended of the two above
  • With disturbed conduct: Behavioural problems, such as fighting or damaging property.
  •  With disturbed emotions and conduct: Mix of depression, behavioural problems and anxiety
  •  Unspecified: Symptoms do not fit the other categories, but cam be anything relating to physical behaviour.

Mr P’s category was number two, where he suffered with mixed depression and anxiety, which negatively impacted his life, tenfold.

Personal Injury Solicitor Eleanor Walker, who specialises in Serious Injuries, started a compensation claim and our client’s employer quickly admitted liability for the accident at work, as the ladder slipped as a result of its rubber feet being missing.

 

How Simpson Millar Helped

Eleanor Walker successfully negotiated a compensation settlement shortly after the claim was lodged at Court. Eleanor helped our client obtain a £10,000 interim payment of his damages, as he was unable to work for long periods of time, which resulted in him experiencing financial difficulties.

We also arranged for our client to undergo CBT therapy on the recommendation of the independent psychiatrist who provided a report on his injuries, which was covered by the compensation.

 

The Outcome

After negotiation, we secured compensation of £150,000 for our client to cover his pain, suffering and loss of amenity, as well as his loss of income, travel expenses, care costs and out of pocket expenses.

If you have suffered an accident in the workplace and you were injured as a result, then our Personal Injury Solicitors can help you.

We offer a free claims assessment with one of our Personal Injury Solicitors who can give you specialist legal advice and help you understand if you have a claim. 

 

What Can Compensation Cover?

When we can prove that your employer was negligent and did not do enough to keep you safe at work, then you can start to make a claim for pain, suffering and the impact it has had on your life. These are called General Damages.

Your compensation final settlement will also cover any financial losses you’ve suffered because of your accident at work, such as:

  • Cost of care
  • Cost of medical treatment
  • Any damaged clothes or belongings
  • Loss of earnings
  • Any travel expenses to appointments.

These are called Special Damages.

An employer has a legal duty to take reasonable care of your health and safety when you’re at work.

They must provide:

  • A safe system and process when working
  • An appropriately safe work environment
  • Appropriate training
  • Trained staff
  • Fully working work equipment with no issues.

If you think your employer hasn’t met their legal duty of care and you were injured as a result, you may be able to claim compensation.

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, even if the company you worked for is no longer trading. Call us on 0808 239 3227 for a no obligation discussion on your next steps.

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Eleanor Walker

Associate Personal Injury Solicitor, Serious Injuries

Areas of Expertise:
Personal Injury

Eleanor joined Simpson Millar in May 2018 with more than 10 years’ experience in Personal Injury and Clinical Negligence work.

She specialises in employer’s, Public and Occupier’s Liability cases where people have suffered Serious Injuries and has handled a wide variety of cases from fast-track to catastrophic injury claims.

Eleanor always strives to achieve the best possible outcome for her clients. She provides empathy, clear legal advice and support throughout what can be a difficult process.

References

Sherwood Forest Hospitals NHS Foundation Trust. (n.d.). Patient information leaflet: Fracture clinic - Fractures. [Online] Available at: https://www.sfh-tr.nhs.uk/media/16684/pil202308-01-fra-fractures.pdf

Milton Keynes University Hospital NHS Foundation Trust. (n.d.). Patient information leaflet: Lateral ligament reconstruction. [Online] Available at: https://www.mkuh.nhs.uk/patient-information-leaflet/lateral-ligament-reconstruction

Geraghty, A. W. A., Wood, A. M., & Hyland, M. E. (2010). Attrition from self-directed interventions: Investigating the relationship between psychological predictors, intervention content and dropout from a body dissatisfaction intervention. [Online] Available at: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3088393/

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