Hayward Baker’s client was at his place of work packing stock in a warehouse. He had just collected eight boxes from a shelf and when he turned back around, someone had left a trolley directly behind him. Our client caught their foot on the trolley and fell over, which resulted in a personal injury.
Our client had a severe fracture to the left wrist and also injured their left knee.
How Hayward Baker Helped:
One of our personal injury specialists Ria Tallack took on this case on a no-win-no-fee basis. As the claim was of low value, Ria made the claim to the defendant insurers through the Low Value Personal Injury Claims Portal.
The defendant insurers required more time that was given under the procedure for low value claims, which meant that the case had to be removed from the Pre-Action Protocol for Low Value Personal Injury Claims. Rita waited the allowed 3 months for the insurers to investigate our client’s claim.
Overview of the allegation:
- The company did not carry out any adequate risk assessment or take any steps to remove or minimise this risk.
- By failing to ensure the floor was kept free from obstructions that would cause an employee to trip, the company was in breach of Regulation 12 of the Workplace (Health, Safety & Welfare) Regulations 1992.
- The employee acted negligently when the trolley was left directly behind our client, and the employer as a result was liable.
After their investigation, the insurers admitted liability for the accident. Ria then arranged for our client to be examined by two medical experts: a General Practitioner, and an Orthopaedic Surgeon. Both of these experts formulated reports on our client’s injuries.
Ria also organised for our client to undergo physiotherapy treatment and an MRI scan.
The medical reports were used to prove that our client’s injuries required treatment, which helped Ria to value the claim for compensation.
In addition to our client’s damages for his injuries Ria also claimed for his travel expenses, loss of earnings, care and assistance, medical expenses, and a small amount for telephone calls and postage.
After ongoing negotiation with the defendant insurers, Ria finally settled the claim in full for just over £8,500.