Our client who is a factory worker was assisting with the unloading of a delivery lorry at his place of work. The lorry was equipped with a tail lift and our client was removing boxes from inside the lorry and placing them onto the tail lift for other members of staff to handle.
As our client was moving some of the boxes a stack of boxes fell towards him. In order to avoid the boxes our client stepped back and lost his footing and fell off the tail lift and onto the floor.
As a result of the fall our client suffered a number of injuries.
Our Client’s Injuries:
Fracture to left ankle, bruising and swelling. Grazed and bruised head.
How Hayward Baker Helped:
Alison Spriggs who is one of our senior personal injury claim specialists confirmed to our client that Hayward Baker Solicitors would act on his behalf for his accident at work claim.
Alison wrote to the Defendant blaming them for the accident and that they should pass on the details of the letter to their insurers. The insurers responded to the letter and stated that liability was firmly denied and that our client had adequate training to be able to assist in unloading the lorry and caused the accident himself by not following his training.
Alison investigated the matter further and when it came to asking the insurers to disclose the documents showing the training and risk assessments she was informed that they did not exist. As the insurers had relied on the training element to be a large part of their denial decision they were asked to reassess their position regarding liability.
The insurers still maintained that their insured was not at fault and would not change their mind on liability and if Proceedings were to be issued they gave details of their solicitors who would take over the matter.
Alison continued to investigate and gather any evidence to prove our client’s claim including a medical report from an Accident and Emergency Consultant and an Orthopaedic Consultant.
The reports by both experts will be used to prove our client’s injuries and help Alison to value the claim and advise our client as to whether he requires further treatment and/or how long the injuries will take to resolve.
Eventually, after Alison had issued proceedings and was prepared to take the matter to Court for a judge to decide who was to blame for the accident, the Defendant Solicitors finally admitted liability for our client’s accident.
Alison used the medical reports to value our client’s claim for compensation and to draft a schedule of our client’s out of pocket expenses to include the following:
- Travel expenses to and from medical appointments
- Loss of Earnings as our client was unable to work for a period due to his injuries
- medical Treatment
- care and Assistance
- Loss of Opportunity on the Labour Market
- Future loss of earnings following surgery
Once Alison had received written confirmation from our client that the medical report and out of pocket expenses schedule was approved she disclosed our client accident in the workplace claim in full to the insurers asking that they make an offer in settlement.
Our client was awarded a total of £35,000 for both damages and out of pocket expenses.