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Case Study

Successful Claim After Accident in the Workplace

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

Jason Claridge, Personal Injury specialist at Ward & Rider, acted for a client who was injured in an accident at work.

Our client had been employed by the Defendant and was an individual responsible for facilities management.

Our Client suffered an injury when they stepped onto a slab in a boiler room. The slab was loose and rocked when our client stood on it. This caused our client to lose their balance and fall over and as a result, our client injured their ankle.

Our client was off from work and eventually they were made redundant. Jason argued that the premises were unsafe and that our client had previously advised their employer of the problem. Following their redundancy, our client was not fit to do the type of work they are used to for a few months and our client also needed help and assistance at home with domestic chores. Our client also incurred travel expenses and they purchased medication.

The Defendant disputed liability through their representatives, the insurers. They argued that our client was responsible for fixing the slab. However, our client’s contract of employment did not confirm this and our client submitted a witness statement which confirmed that this duty did not form part of their roll. It was pointed our that the slab in question lay over a high voltage electric cable and as such, it would not have been appropriate nor would it have been safe for our client to undertake this task.

The Defendant’s argued that our client had not notified anyone. Again, Jason was able to show that there was evidence from those who had worked alongside our client that he had made representation to the management team. There was a problem with the management in that the team kept changing. Irrespective of this, the Defendant refused to accept our client’s version of events.

We therefore had to undergo a process called issuing court proceedings. This requires us to lodge papers with the court to allow the matter ultimately to go before a judge at trial. Jason prepared the necessary court papers and issued the claim and the solicitors acting for the Defendants advised that they would not be willing to admit liability. However, the did concede that they would be willing to enter into negotiations in order to try and value our client’s claim.

Solicitors appointed by the Defendant argued that even if a case could be established against the Defendant then there would still be an argument that our client ought to have known that the slab was loose and rocked and that our client should have avoided stepping onto it. However, our client stated that there was really no where else that they could go in terms of the route that they were taking and it required our client to step onto the slab.

Our client sustained injuries to the ligament in their ankle. Thankfully, our client recovered comparatively quickly. They were not fit for work for a couple of months and our medical expert supported this and confirmed that our client would need help with care and assistance and domestic chores.

As is often the case, there were several offers made by both parties before an agreement was reached, our client’s claim was settled for in the region of £6,900.00. Our client used the compensation money to retrain and enter in to a new career.

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