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Looking into Personal Injury: Accident at Work Claims

View profile for Emma Menzies
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Every year hundreds of thousands of accidents occur at work. These might involve heavy lifting or inadequate training on how to lift, using defective equipment or machinery or it could be another employee’s error.

We’re taking an insider look at some recent successful cases from our Personal Injury team which involved accidents at work.

Please note that all names have been changed for anonymity reasons.

D v PGL

Mr D was a farm worker for the Defendant. In January 2015, during the course of his employment, a tree was felled and landed on Mr D’s legs. The accident caused Mr D significant injury resulting in an above the knee amputation of his left leg. He also suffered pre and post-accident amnesia, fractures to his skulls, fractures to the vertebrae and right tibia. Mr D also developed depression as a consequence of his life-altering injuries. Liability for the accident was eventually admitted.

The Defendant’s insurers attempted to settle Mr D’s claim before the true extent of his injuries, and care needs, could be assessed. They offered £450k and £500 respectively but, upon the advice of Emma Menzies, these offers were rejected as premature.

Emma arranged for medical experts to assess Mr D and provide advice on suitable care arrangements and rehabilitation therapy to aid Mr D’s recovery. Emma was also able to secure interim payments for Mr D to assist him in his move to new accommodation.

Following an unsuccessful Early Neutral Evaluation meeting, the Defendant put forward an offer of £1,000,000 which Mr D accepted.

Emma’s advice, particularly the advice to reject the early, pre-medical offers, secured Mr D a considerable award for his injuries which enabled him to purchase a new home outright and adapt the property according to his needs, as well as money for his ongoing treatment, rehabilitation and care.

P v CGL

Mr P was an employee for the Defendant. In July 2014, Mr P was manoeuvring a heavy piece of equipment up some stairs when the grips came away from the machine he was holding causing him to fall backwards and injure his back. Mr P suffered a disc prolapse and an aggravation of a pre-existing conditions in the facet joints of his spine. Mr P suffered from pain and numbness in his lower back with the pain radiating to his legs. Mr P underwent surgery to repair the disc prolapse but continued to suffer symptoms. The Defendant admitted liability.

Emma instructed a spinal expert to see Mr P and to advise on appropriate treatment for his symptoms, as well as provide a prognosis on his likely recovery. The expert confirmed that the surgery had helped with the pain in Mr P’s leg pain but had not helped with his back. An MRI scan allowed the expert to determine that there was significant scarring to the nerve root at the disc which explained his ongoing symptoms, but there was no surgical remedy for this. Mr P was referred to a pain management team to manage his symptoms as best he could. The pain management team recommended an ongoing course of painkillers and therapy.

The Defendant put forward an offer of £65k which Mr P accepted.

Emma was able to successfully guide Mr P through the process of treatment and rehabilitation to ensure that his ongoing symptoms were as minimal as possible. Emma’s conduct of the case put significant pressure on the Defendant to settle the case before trial which resulted in the eventual settlement offer.

The compensation that was awarded in both these instances does more than compensate for the injury, they also help in any financial losses or additional medical support required both now and in the future.

If you would like to speak to an impartial expert with no obligation, our experienced Personal Injury team are available to offer advice and guide you through the process. You can contact them today by calling our free telephone number 0800 090 1499 or email contact@duttongregory.co.uk.