Accident At Work Compensation Claim
The following extract is a summary of a real-life acciden at work compensation claim where the Claimant fell off a ladder at work. The Claimant was working under a sub-contract between his employers and the main contractor on site. The location and identity of the parties are withheld due to confidential reasons.
Circumstances of Accident At Work Claim
At all material times the Claimant, was sub-contracted to the Defendant and working on site at the a Hotel, in Birmingham on a (date). On the day of the accident he was standing on a latter to allow him to strip wallpaper. The ladder was inappropriate for the type of work being undertaken. It is alleged that a “podium tower” should have been supplied providing greater security and safety whilst working at height.
[For accident at work claim working at height please see further information “fall from height at work claims.“]
After working for some time on the ladder, it gave way underneath him, subsequently causing him to fall approximately 2 meters to the ground. The claimant reports that he injured his right wrist and bruising to his ribs.
Medical experts instructed and relied upon:
The Claimant at the time of examination of the medical expert, consultant Orthopaedic and Trauma Surgeon on the reported that he was still experiencing (some 19 months following the accident) pain and discomfort particularly to his wrist, reporting aggravation and limited ability to perform certain physical activities particularly at work.
Even though the fracture has united it is not uncommon that a fracture to the wrist particularly in active individuals who are manual workers can trigger inflammation in the form of tendonitis.
The expert recommended that the Claimant undergoes a course of physiotherapy and splintage preferably supervised by a hand therapist in order to address his ongoing symptoms and the possibility of steroid injections if he fails to improve.
On the balance of probabilities the expert was of the view that the Claimant would be expected to resolve from his symptoms within six months from my examination (25 months from the date of the accident).
The Claimant did in fact query the prognosis as he considered the time period was too short to make a full recovery bearing in mind the continued pain and discomfort he was feeling post-accident. The claimant was still taking strong pain-killers prescribed by his GP.
Despite the fact that the Claimant had not made a full recovery within the time period suggested by the expert, nevertheless he provided instructions to settle the action as soon as practically possible without a further medical examination.
As the claimant did not undergo the recommended physiotherapy and that he continued to experience problems the Claimant was provided with appropriate advice in connection with the Defendant’s likely argument that he has failed to mitigate his injury by seeking medical attention as recommended. Further detailed discussions were considered as the Claimant advised that he could not take any more time off work for treatment for fear of losing his job.
A balance had to be struck therefore on the cost of instructing the expert again with the time delay this would mean and further time off work. The Claimant decided to settle on the basis of the report against the Claimant’s solicitor’s advice.
Accident at work Compensation Claim the Time Table of Events
The letter of claim is dated the 08.06.12 addressed to (employer’s sub-contractor) without reply. A chaser letter was subsequently sent on the (date) with a reminder of compliance with the Pre-Action Protocol.
Loss adjusters acknowledge the claim but requested a further copy of the letter of claim which was sent again on the (date) following a telephone conversation.
It was not until the (date) that the Defendant’s representative advised that “liability is accepted subject to causation.”
This partial admission did not take place until some 8 months following the letter of claim and thus in breach of the time period to which negligence should be admitted or denied.
On the (date) the medical report was disclosed following instructions from the Claimant regarding his on-going hand-therapy and whether he had made a full recovery as reported by the expert.
Thereafter 3 chaser letters were sent in order for the Defendant to make an offer. However an email was sent to query the discrepancy in the medical report about the accident date. They also required copies of the hospital records.
The date of the accident appears to be the fault of the medical report; the hospital records were therefore sent to the Defendant to confirm the date of accident as per the letter of claim and medical notes.
Again there was no response and a further chaser letter was sent out on the and requesting earning details.
On (date) it was reported by the sub-contractor’s represenative that as the Claimant was sub-contracted and a letter for information would have to be re-addressed to another company. In the meantime, there was still no offer for general damages (a legal term for personal injury claim at work).
On the (date) a detailed letter was sent out to the Defendant enclosing once again the medical report and information regarding loss of earnings and other specials.
A chaser letter was again sent to the Defendant and reminding them that limitation expiration was fast approaching and as such the Claimant solicitors were preparing to issue proceedings.
Accident at work compensation claim £7,000
Following negotiations, the Defendant sub-contractor offered the sum of £7,000 for the injury to the worker’s wrist and brusing to ribs and general cuts and grazing. The period for pain and suffering was limited to 25 Months of the accident plus loss of earnings.
Advice for Accident at Work Compensation Claims
If you have suffered from an accident at work compensation claim please contact specialist work place injury solicitors now.