InsightsClient Story - Personal Injury and Industrial Disease - POSTED: May 27 2016
Spinal & psychiatric injury claim from accident at work
Mr R from Chatham, Medway, Kent was injured in an accident at work as a mini bus driver, transporting patients to and from medical appointments.
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He exacerbated a pre-existing spinal injury to his back, which his employers had been aware of. His employer’s work procedures required that each job was risk assessed and that certain jobs required two employees to help move patients.
Unfortunately, the company failed to comply with their own regulations and Mr R was left in a position where he had to assist a patient up a flight of stairs, unassisted. As he was assisting the patient he felt a strain to his spine in his back. He subsequently experienced ongoing severe spinal back pain. He claimed that he also suffered discomfort and weakness in his right leg, for which he consequentially required crutches to help him move. He also developed psychiatric injury – depression and anxiety- for which a course of cognitive behavioural therapy was undertaken. We took the case on a no win no fee.
Our experienced lawyer, Natalie Marsh, was met by an initially hostile defendant, who denied liability, blamed Mr R and disputed the extent and cause of his injuries. Natalie gathered the necessary evidence to support the claim, including obtaining statements from the client’s colleagues at work to prove negligence and appropriate orthopaedic and psychiatric experts to confirm the extent of his psychiatric and spinal injuries.
To encourage a settlement without a trial we made, and the defendant’s insurer accepted, an offer to split liability 85/15% in our client’s favour. However, the value of the claim could still not be agreed and so we issued court proceedings in order to secure appropriate compensation In making the claim. Natalie secured for Mr R treatment for much needed physiotherapy and Cognitive Behavioural Therapy, funded by his employer’s insurers. This assisted Mr R’s partial recovery from his injuries. Following the issue of court proceedings, settlement of the claim was eventually agreed with Mr R’s employers for substantial five figure compensation. This included general damages for injury, pain, suffering and life style restrictions, loss of earnings and care and assistance.
This psychiatric injuries and spinal injury compensation claim was dealt with by Natalie Marsh, a Senior Litigator, specialising in spinal and psychiatric injury claims and other compensation claims in Kent, Medway & beyond. Natalie can be contacted on 01622 6804 or at firstname.lastname@example.org.
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