Our client was a retail store worker who was using a pump truck to move a delivery of goods which were stacked on a pallet.  She had to move the pallet onto a slightly raised area in the store room and as she pulled the pump truck, the wheel jammed on the uneven floor, causing her to twist her knee.  She sustained a dislocated right knee resulting in her leg being placed into a plaster cast for 4 weeks, followed by a splint for a further 4 weeks, leaving her unable to work for 2 months following the Accident.  We were able to recover Personal Injury compensation for her 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 May 2015 and settled it in April 2017.  Due to our client’s continued symptoms as a result of her accident, it took some time to bring this case to a conclusion.

How the claim proceeded:  It was several weeks after her accident before our client contacted us and when she did so she was still suffering ongoing symptoms from her injuries.  Having sent a formal letter of claim to the employer’s insurers, we received a response from them just a few weeks later admitting liability for the accident and offering to fund any rehabilitation treatment necessary to aid our client’s recovery.  At that time, our client had just undergone surgery to remove a piece of bone from the injury site, meaning it was too soon for her to receive any further treatment, so we advised the insurers that it would only be appropriate for their rehabilitation provider to carry out a telephone triage assessment.

In July 2015 our client began physiotherapy treatment via the NHS following her surgery, but it was towards the end of that year before the course of treatment was completed.  Throughout this time our client attended regular appointments with her NHS consultant, who advised that the accident had caused damage to the cartilage behind the kneecap and initially referred her for a course of steroid injections.

At the start of 2016 we were able to arrange for our client to see an independent Orthopaedic medical expert, who could assess her injuries and inform us of his findings.  We received his written report in February 2016, which confirmed our client’s injuries as a result of her accident and indicated that he was unable to give a definite prognosis for her recovery due to her ongoing symptoms, recommending he examine her again in approximately 4 months’ time.  We therefore notified the insurers of the medical expert’s opinion and put the claim on hold, until our client could be reviewed further.

Shortly after seeing the Orthopaedic Surgeon, our client was seen again by her NHS Consultant who felt that the steroid injections had been unsuccessful and that she would require surgery to the cartilage in her knee.  Having advised the insurers of this outcome, we requested they consider funding the cost of the surgery privately as our client was facing a 6 month waiting time on the NHS, but they refused our request.

Fortunately our client did not have to wait a full 6 months for surgery on the NHS and at the end of May 2016 the procedure was carried out, following which she finally began to see signs of improvement to her knee.  After a period of recuperation, we made arrangements for her to be examined once again by the Orthopaedic Surgeon.

In December 2016 we received the Orthopaedic medical expert’s 2nd written report, whose opinion was that our client had some degenerative changes in her right knee, which had been accelerated by the accident in the region of 1-2 years.  Once in receipt of this report, we were then able to value our client’s claim for compensation and, along with a schedule of her financial losses, put forward a settlement proposal to the insurers.  Following several weeks negotiating with the insurers, we were finally able to settle the claim to our client’s satisfaction.

Were Court proceedings necessary?:  No.

Outcome:  The client secured £5,000 for her injuries and £1,600 for her financial losses, including her loss of earnings following the accident when she was unable to work.

Comment:  Our client’s employer had failed to provide any manual handling training, particularly in relation to the pump truck used to move deliveries into the store room.  As a result of this lack of training, our client sustained a long term injury and it is why the employer was responsible for paying her, albeit via their insurers, Personal Injury 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.

Call now on 01684 580900 to speak direct to one of our specialist claims lawyers or go to our Start Your Claim  page to submit details of your accident compensation claim online.

If you would like to know what your injury claim may be worth, please go to our Value Your Injury page.

Confused by the claims process?  Please look at our extensive FAQs.

The post STORE WORKER RECEIVES COMPENSATION AFTER SUFFERING DISLOCATED KNEE WHILST UNLOADING DELIVERY appeared first on Hinchliffes Solicitors.