Personal Injury Settlement for Factory Worker

Maria Dobson, Personal Injury Lawyer at Ward & Rider Solicitors acted for Mr. D* on a no win, no fee basis.

The Claimant was employed and the provisions of the Workplace (Health, Safety and Welfare) Regulations 1992 and Personal Protective Equipment at Work Regulations 1992 applied.

The Claimant was operating an overhead crane by remote control, lifting a sheet of metal off the floor when the accident at work occurred. As the Claimant was operating the crane and moving the sheet, he tripped over a block of wood placed underneath a stack of similar metal sheets which protruded by a few inches into the walkway between that stack and a neighbouring similar stack. The Claimant fell, catching his left little finger against the edge of the sheet he was lifting and also banged his head. The Claimant maintained that the Defendant was negligent in that they failed to remove the obstruction caused by the block or to warn of it, along with other particulars of negligence which lead to the personal injury.

Initial instructions were received by Maria Dobson and investigations were entered into liability.  Liability was denied by the Defendant’s insurers so matters were put in hand to issue County Court proceedings.

The Claimant's medical records were obtained and, thereafter, a medical report.  The report confirmed that the Claimant sustained a deep wound to the side of the little finger which involved one of the flexor tendons, digital nerve, artery and also the cartilage at the front of the joint going down to the joint.

Investigations were then made into the Claimant's special damages claim and a Schedule of Loss was prepared to include claims for loss of earnings, medication and travelling expenses.

Settlement proposals were put to the Defendant’s insurers but they did not seem to look favourably in settling the accident claim without recourse to County Court proceedings. 

Therefore, County Court proceedings were issued and served against the Defendant.  Following negotiations, the Defendant’s insurers made an offer of £3,000.00 which was accepted by the Claimant.  Mr. D's legal fees were also paid by the Defendant’s insurers.

*Mr. D's name has been changed to respect his privacy but this is indeed a true accident at work, no win no fee claim.