Our client was a HGV driver delivering a trailer loaded with large, heavy timber logs for his employer, which he had collected from another business.  When he arrived at his first delivery point, he undid the straps along one side of his load, when a log fell from the trailer, striking him on the head and back and knocking him unconscious.  Due to his head injury, he was transported to hospital by air ambulance, underwent urgent x-rays and scans, which diagnosed a fractured vertebrae in his back and required him to be admitted into hospital overnight.  He suffered headaches, memory loss and persistent back pain for 2 years following the Accident, which also left him unable to continue in the same line of heavy manual work.  We were able to recover personal injury compensation for him of £45,000.

A summary of events is set out below.

Date of Accident:  February 2016

Time between formal instruction and successful conclusion:  We took on the case in June 2016 and settled it in May 2017.

How the claim proceeded:  Having taken full details of the accident, we initially directed a formal letter of claim to the company our client had collected his load from, as it appeared they were responsible for the way in which his trailer had been loaded.  However, as the case progressed and our investigations continued, it became clear that his employer had failed in their responsibility to ensure he was trained appropriately in how this type of load should be positioned, strapped and unloaded from his trailer, so we believed they were ultimately responsible for our client’s accident.

As it was also necessary to obtain medical evidence to substantiate our client’s injuries, we arranged for him to be examined by an Orthopaedic & Spinal Surgical Consultant.  In December 2016 we received his written report, which commented that our client had sustained fractures in several places to his spine and whilst the fractures would have healed within a few months of the accident, the associated soft tissue damage around the fractures was causing persistent pain.  He anticipated our client should expect substantial improvement by 2 years from the accident, but would still suffer with intermittent back pain on a long term basis.  As a result, he felt that he would be unable to continue with the type of heavy lifting and heavy manual work he was used to for the rest of his life.  He also felt that taking 12 weeks off of work to recover from his injuries was reasonable.

Whilst we began to compile a schedule of our client’s financial losses following the accident and his predicted future loss of earnings due to his reduced earning capability on the labour market, we also chased his employer’s insurers for a liability decision.

When they responded in January 2017, it was with a proposal that our client accept 30% liability for the accident, on the basis that he had begun to unstrap the load on his arrival making it unsafe.  However, they did not confirm that the employer would accept primary liability for the accident.  We felt that whilst a court was likely to find that some responsibility for the accident rested with our client, it was unlikely to be more than 25%, so we advised our client to reject their proposal and we responded to the insurers, pressing them for a liability decision.

In February 2017 the insurers replied stating that primary liability for the accident was not admitted, so we requested relevant documentation in support of their denial, but were notified by the insurers that there were none.

A month later we were able to fully value our client’s claim for compensation, and along with his schedule of past and future financial losses, recommended to our client that we put forward a settlement proposal to the insurers, which he agreed with.  Finally in May 2017 after further negotiations they made a sensible offer to settle the claim which our client was happy to accept.

Were Court proceedings necessary?:  No.

Outcome:   The client secured £18,000 for his injuries and £27,000 for his financial losses, including his predicted future loss of earnings due to his inability to continue in the same line of work as a result of his injuries.

Comment: If the employer had followed better health & safety practices, ensuring that its employees were adequately trained and familiar in loading and securing goods of this type on to their vehicles, our client would not have sustained long term injuries and the employer would not have been left responsible, albeit via their insurers, for paying him compensation.

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered any form of accident or contracted an industrial disease contact personal injury claims specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make a claim for personal injury compensation.  All cases are conducted on a No Win No Fee and No Risk basis.

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