Our client was a Support Worker, who was at work with other colleagues and service users in a communal lounge area.  Other staff members were entertaining the service users by playing a game jumping over cushions and badgered our client into joining them.  As he reluctantly did so, a colleague threw a bean bag at him, which he slipped on, causing him to fall to the floor landing heavily on his shoulder.  He sustained a fracture to the left shoulder, suffering symptoms from his injuries for nearly 14 months following the Accident.  We were able to recover personal injury compensation for him of £6,600.

A brief summary of events is set out below.

Date of Accident:  March 2015

Time between formal instruction and successful conclusion:  We took on the case in April 2015 and managed to settle it in November 2016.

How the claim proceeded: Having sent a formal letter of claim to our client’s employer, we received a denial of liability for the accident just four weeks later.  The employer alleged that our client was responsible for instigating the activity, which he strongly denied. It was now the end of May 2015 and our client was still unable to return to work due to his injuries.  At this point, we felt it appropriate to arrange for him to be examined by an Orthopaedic expert, in order to obtain a written report detailing his injuries, prognosis for recovery and any further recommendations for treatment.

In the meantime, we began to compile a schedule of our client’s financial losses, including his lost earnings since the accident.  We also took witness statements from his wife and mother, both of whom had been providing care for him for several weeks following his accident.

It was the end of February 2016 before we obtained the medical expert’s written report.  His opinion was that our client should undergo a further x-ray to his left shoulder, so that he could give a more detailed prognosis for his full recovery, so we made arrangements for this.  At this time we were also contacted by the employer’s Solicitors reiterating the denial of liability, but also stating that the employer had sent a letter of concern to our client and the other staff members involved in the activity which caused his accident.  Our client advised us he had never received such a letter and unsurprisingly the solicitors were unable to disclose any such documents.  Whilst still optimistic that his claim would be successful, we felt it would be appropriate to propose an offer to the opposition on the issue of liability.  We suggested our client accept 25% responsibility for the accident and that 75% be apportioned to the employer.  As he was happy with this proposal, we submitted it to the employer’s solicitors and awaited their response.

In early June 2016 the solicitors responded with their own liability proposal of 50/50 and a settlement sum of £1,250.  As we had yet to receive the medical expert’s updated prognosis following scrutiny of our client’s further x-ray, it was impossible to value our client’s claim for compensation.  As such, we advised the opposition that our client could neither accept nor decline the settlement sum offered at that stage.  However, he did accept the liability offer of 50/50.

In early July 2016, the Orthopaedic medical expert had reviewed our client’s latest shoulder x-ray and provided us with an updated opinion of his prognosis for a full recovery, which he felt our client would have achieved within 14 months of the accident date.  Once in receipt of the medical evidence, we could value our client’s claim and put forward a settlement proposal to the employer’s solicitors.  Strangely, just before we did so, we received an improved liability offer of 60/40 in our client’s favour from the solicitors, which we immediately accepted.  We then began negotiations with the solicitors to reach an agreed settlement figure for our client.

Were Court proceedings necessary?: Yes. By the end of September 2016, we were no nearer reaching an agreement with the opposition, so took the step of issuing court proceedings against the employer.

Was a trial necessary?: No.  Just 6 weeks after issuing the court proceedings, we were contacted by the employer’s solicitor with a more realistic settlement proposal, which our client was happy to accept.

Outcome:   The client secured £4,000 for his injuries and £2,600 for his financial losses, including his loss of earnings for the period following the accident when he was unable to work.

Comment: The employer was fully aware that games and horseplay took place in the communal lounge area frequently and failed to take steps to prevent it.  If they had done so, our client would not have suffered a long term injury and they would not have been responsible for paying him compensation.

PERSONAL INJURY CLAIM SOLICITORS:-

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