Our Engineer client was carrying out his work at a sewer pump chamber.
He put on a safety harness attached to a tripod stand above ground so that he could be lowered through an 8-metre-deep manhole into the pump chamber. This was being done so that he could carry out an inspection after a recent deep clean.
As he was being lowered down by his work colleagues, he suddenly dropped three metres and found himself under water in the sewage still attached to the harness.
A cleaning machine, a hose reel and an electrical cable fell in behind him as the tripod designed to hold him in position had fallen over.
This accident caused a personal injury, and our client also thought that he was going to drown and panicked. He was eventually rescued by paramedics who found our client unconscious at the scene.
How Hayward Baker Helped:
One of our Personal Injury Specialists Susan Burden made the claim through the Low Value Personal Injury Claims Portal.
Having investigated our client’s claim, the defendant insurers would only accept partial liability for the accident; this is known as contributory negligence.
The defendant stated that our client was the most senior person in charge of the task and fully trained in how to correctly set up the tripod. However, it was proven that our client was not the most senior person at the scene; another member of the team was more senior, and they were the individual who set up the tripod that failed.
Susan then arranged for our client to be examined by two medical experts: An Accident and Emergency Consultant and a Psychologist who would write up reports on our client’s injuries.
Once these reports were received, both consultants confirmed that our client’s injuries were caused by the accident. A course of Cognitive Behavioural Therapy (CBT) was also recommended to help the anxiety, flashbacks and nightmares our client was dealing with.
The Defendant insurers then made an offer to settle the claim, but this was rejected by our client upon Susan’s advice. This meant that no agreement could be made, and Susan issued proceedings to allow a Judge decide in Court.
However, a better offer was given to our client, and they accepted this higher offer from the Defendant insurers. This resulted in Court proceedings being cancelled.
Susan valued the claim for a fair amount of compensation for our client’s injuries by studying the medical reports, and also drafting a schedule of out of pocket expenses. This included: Loss of earnings, medical expenses, home care, travelling expenses, replacement of damaged clothing and prescription charges.
Our client’s claim was successfully settled for £11,420.