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Case Study

Award of over £27k for an accident at work

The claimants details have been changed but this is indeed a true case

Our client was injured at work. He had his accident at work claim handled on a no win, no fee basis by Personal Injury lawyer Jason Claridge at Ward & Rider Solicitors.

Our client had been working overnight. During the course of his work, he was repairing a track in Northamptonshire. He was in particular working on lamp-posts, which needed to be put in between the overhead lines at the station.

During the course of this work, a colleague of his managed to strike his hand with a pickaxe, causing him injury to his hand, and in particular his right index finger. Initially, there was some argument as to who was to blame for his injuries. We always argued that it was down to the fellow employee of Mr A. Initially, the insurers for the Defendant argued that it was his fault, as he did not have his hand in the proper position, and then they accepted liability but argued that he was partially to blame for the accident.

We persevered with our argument, and ultimately the issue of liability was resolved fully in our client’s favour.

As a result of the accident, our client suffered physical and psychological injuries. He saw an Orthopaedic Surgeon as well as a Plastic and Reconstructive Hand Surgeon and a Psychologist. He was able to return to work after a while. His employers did pay him whilst he was off work. There was then an argument regarding what level of incapacity he had been left with, whether he had been passed over for promotion, whether he would be at a disadvantage on the open labour market if he lost his job, and what impact it had on him psychologically. The major argument was the client’s ability to carry out chores at home. Although he had use of his hand and was able to do heavier work, which of course meant that he could return to his manually demanding job, we argued that he had lost the ability to use his hand in terms of more delicate operations, and this affected him at home with certain tasks, such as helping to dress his children, as he struggled with their buttons, and some of the more delicate tasks involved in DIY and home maintenance, as well as general care for himself.

After some considerable argument and offer and counter offer being made, the Claimant accepted a figure of £27,500 for the injuries suffered and financial losses incurred as a result of the accident at work.

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