Case study: £20,000 compensation for fractured wrist after workplace accident

Our specialist workplace accident solicitors helped a client claim compensation for injuries sustained from a fall at work.

Fall at work

Our client, Mr B, was employed as a plumber and was contracted to work on a new build housing site to fit radiators and boilers into the buildings.

As he was walking to one of the houses, he fell on a makeshift step which had been placed on uneven ground by builders who were working on the site. The builders had used a rubber fencing block to create a step to get into the property but when Mr B stood on the step, he was unaware that it had been placed on uneven ground.

As a result of the fall, Mr B sustained a fracture to his scaphoid bone in his wrist. He required surgery which involved a bone graft, taking some bone from his hip to place in his wrist.

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Claiming compensation for personal injury

Mr B instructed our specialist workplace accident solicitors to help claim compensation for his injuries.

We submitted a claim to the Defendant (development company responsible for site) who accepted primary liability for the accident; however, they alleged that contributory negligence from Mr B’s actions played a part to the injury and that Mr B was 30% responsible for the injury. The Defendant suggested that Mr B failed to follow site rules in respect of signing in, using PPE and wearing trainers rather than safety boots.

Mr B disputed this as the evidence the Defendant provided stating that Mr B was wearing trainers was signed 16 months after the accident, whereas the accident report completed at the time noted that PPE was used.

Our personal injury solicitors also did not accept that Mr B contributed to the accident.

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Medical reports obtained

In support of our client’s claim and whilst we were waiting for the Defendant to provide their decision on liability, our solicitors obtained copies of Mr B’s medical records and instructed a Consultant Orthopaedic Surgeon to comment on his scaphoid fracture

The Surgeon confirmed that initially, the fracture did not heal properly and Mr B underwent a surgical fixation by way of a bone graft from his pelvis.

Mr B still had ongoing symptoms including reduced strength and achiness to which the surgeon concluded would likely be permanent.

Claim for financial losses

Our personal injury lawyers collated details of the financial losses Mr B incurred because of the accident. These included:

• A total of four months off work following the accident to which Mr B only received statutory sick pay
• Travel expenses
• Additional care and assistance provided by his parents

Settlement offer

The Defendant made a first offer of around £16,000 which was much lower than our solicitors had valued for the claim. Given the difference, we instructed Counsel for their opinion on value.

Counsel agreed that the offer was too low and assessed that if Mr B was found to be contributory negligent, it would be unlikely that any deduction would exceed 15-20%, albeit there was only a small chance of this. We therefore made our own settlement offer of £25,000.

Following further negotiations, Mr B accepted settlement of £20,000.

Contact our workplace accident solicitors

If you have been injured as a result of a workplace accident, you could be entitled to claim compensation. To speak to a member of our Personal Injury team, call 0117 325 2929 or fill in our online enquiry form.