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Case Study

Compensation for accident at work

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

Phil Mulryne acted for Mrs T, the Claimant, to pursue a claim for personal injuries and losses following an accident at work.

The Claimant slipped on a wet surface resulting in an injury to her back.

The claim was put to the Claimant’s employers who accepted responsibility for the accident.

The Claimant was diagnosed with a soft tissue injury to her back and underwent physiotherapy treatment.

Over the subsequent 2-3 year period, the Claimant’s personal injury symptoms improved to the extent that she only experienced occasional pain and discomfort, although it was indicated that her ongoing symptoms would continue.

At the time of the accident the Claimant was in the process of reducing her working hours as she intended to retire in a few years’ time.

The Claimant was off work for a couple of months although when she returned to work she was unable to fulfil her employment duties and therefore resigned from her job.

The Claimant claimed loss of earnings on the basis that she had brought forward her intended retirement date due to her incapacity to work.

The Claimant’s loss of earnings was disputed by her employers as it was suggested that the Claimant intended to retire in any event and the accident had little or no role to play in such a decision.

The claim was fully set out and submitted to the Defendants who put forward an offer of £7,500 which in our view did not allow any consideration for the loss of earnings claim and was rejected.

Court proceedings were commenced which resulted in further settlement proposals being forthcoming. Further offers of £10,000 and £15,000 were rejected. We put forward a counter offer of £17,500 which was accepted and the matter was concluded prior to the court hearing date.

In addition to the personal injury and loss of earnings claim, there was a small amount claimed to cover physiotherapy costs and travelling expenses attending medical appointments. There were also some miscellaneous costs relating to the purchase of heat pads and a lightweight vacuum cleaning.

During the initial 4 month period post-accident, the Claimant was unable to undertake her usual household cleaning duties and had to rely on her partner for his assistance. An amount in the region of £200.00 was claimed to represent gratuitous care.

It is estimated that the Claimant’s personal injury damages claim was valued in the region of £8,000-£10,000 plus loss of earnings and additional expenses.

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