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Case Study

£15k compensation awarded for accident at work

The claimant’s details have been changed but this is indeed a true case

Phil Mulryne acted for Miss T, the Claimant, to pursue a claim for personal injuries following an accident which took place at work.

The Claimant was employed as a health care support worker and was assaulted by one of the inmates at a care facility.

The Claimant was a victim of an unprovoked attack when she was hit in the face resulting in a split to her lip. As she attempted to defend herself, the patient grabbed her right wrist and she was also struck several times to the top of her head.

She subsequently developed pain in her neck and her upper back with headaches.

The claim was submitted to her employers and responsibility for the incident was accepted by her employer’s insurance company.

As a consequence of the accident, the Claimant was off work for a period of 4 months. This was the combination of the physical effects of the accident and also because she was affected psychologically.

When the Claimant returned to work, she was told by her employers that she was not going to be put back into 1-1 care as this was causing further stress and anxiety. However, after discussing matters with her employers, she was put back on a 1-1 personal care role, which resulted in her taking further time off work as a result of increased stress and anxiety.

The Claimant was off work for a further 3 months. When she returned to work, her employment role changed so she was able to cope with the role from a psychological point of view and also physically.

Miss T continued to experience a pain and discomfort in her neck and back and underwent physiotherapy treatment which went someway to ease her symptoms.

Medical evidence was obtained to support the claim for personal injury damages and the appointed orthopaedic consultant indicated that the full recovery from the physical effects of the accident should be made within 5 years.

A report was obtained to address the psychological effects. She was diagnosed with a specified trauma and stressor related disorder and underwent counselling which went someway to improve her condition. It was assessed that she would recover to non-clinical diagnosis levels within 4-5 years of the accident with treatment.

When full details of the claim was submitted, an offer of £15000 was put forward for personal injury damages. It was assessed that this was a reasonable offer and recommendation was given to the Claimant to accept the same. In addition, loss of earnings were paid to represent the period of absence from work. It was also a claim put forward in relation to treatment costs for the physiotherapy treatment and psychological trauma counselling which was agreed.

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