Case study: workplace injury leads to £700,000 settlement

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Our client tripped over a bench whilst at work, sustaining a major injury to his right shoulder including: dislocation; complete rotator cuff tear; brachial plexus injury; and nerve damage.

He is now virtually unable to use his dominant right arm, and has experienced so much pain that he has contemplated amputation. Our client lost his job and linked accommodation, and suffered depression as a result.

The Defendant denied the above factual circumstances, alleging that our client placed the bench there and/or it was his role to remove it, and stating that by using the main lights or a torch the injury could have been avoided.

Switching on the lights would have made the hazard obvious, however, our client considered there was sufficient illumination to see his destination and that he had done this many times before without problem.

The Defendant also argued that the Claimant’s employment would have been terminated in any event due to conditions unrelated to the accident. There were disputes relating to the levels of care required and whether accommodation adaptations were required as a result of accident-related injuries and, if so, to what extent.

Our Personal Injury team obtained medical reports from consultants in Orthopaedics (2), Peripheral Nerve Injury, Pain Medicine, Psychiatry and Care. The Defendant obtained its own reports from corresponding experts. In addition, the Claimant used an accommodation expert. A Joint Settlement Meeting failed to elicit a settlement and at a later trial, the claim settled on day two for £700,000, exceeding all previous offers.




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