InsightsClient Story - Personal Injury and Industrial Disease - POSTED: March 29 2022
Brachers secures five-figure settlement for multiple accidents at work claim
Successful claim for client who suffered a combination of injuries from four separate accidents at work
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Brachers’ Personal Injury team were instructed to pursue a claim for our client (Mr M of Aylesford, Maidstone) against his employer, for a combination of injuries arising out of four separate accidents at work.
The accidents occurred whilst Mr M was employed as a delivery driver and warehouse team supervisor in a large Kent garden centre. As part of his role, he was required to lift, carry, and manoeuvre various items of stock.
The first accident claim arose as a consequence of Mr M having to lift stock in a disorganised and crammed warehouse. He had not been provided with proper training or support, which resulted in a repetitive strain injury to his elbows.
The second injury happened when Mr M was instructed to lift a heavy barbecue without appropriate lifting equipment, which caused him to suffer a back injury.
The third accident happened when he was required to lift a heavy oak table into a customer’s property. This exacerbated his back pain, again as a result of not having appropriate training or lifting equipment available.
The final incident occurred when one of Mr M’s colleagues dropped a barbecue on his knee whilst it was being manoeuvred.
Brachers’ personal injury specialist Natalie Marsh was the claims handler for this case. She obtained medical evidence from a number of experts to support the claim. This included a specialist in elbow injuries, an orthopaedic surgeon to assess Mr M’s back complaint, and a psychiatrist to address the psychiatric effects of the accident and the overlap between the injuries which had an adverse effect on his ability to work and on his mental health.
As a result of the accident, Mr M’s employer let him go and he was forced to seek alternative employment.
The employer denied liability in three of the four claims against them. Despite the denial, we fully supported Mr M, and felt that his version of events would be accepted if the matter was put before a judge.
Court proceedings were issued and served for each of the claims and consolidated into one action. The court ordered directions which had to be followed leading up to a trial.
Following detailed witness evidence from Mr M’s colleagues, who were able to verify the bad practises within the organisation, updated medical evidence and much negotiation, the defendant finally made a five figure offer.
Further negotiations followed, and a counteroffer was made which was accepted. The settlement included a claim for care, physical and psychological injuries and loss of earnings.
Mr M was pleased to see the case concluded without the need to go to trial and was relieved that his claim had been met, despite the earlier rejection of the claim by his former employers.
If you or a loved one have suffered similar injuries at work and would like some advice, please get in touch with our friendly Personal Injury team today to find out how we can help.
This content is correct at time of publication
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