Our client was a school maintenance worker who had been instructed to begin emptying the contents of a building with a colleague.  Both men had to pack items into boxes, carry them outside, down old stone steps, which had become overgrown and then load the boxes into a van that was to be driven to a skip located at another site.  As our client carried one of the boxes down the steps, he slipped and fell backwards, landing on his back.  He sustained a fracture to his back, which caused permanent damage and we were able to recover Personal Injury Compensation for him of £30,000.

A brief summary of events is set out below.

Date of Accident:  July 2012

Time between formal instruction and successful conclusion: We took on the case in August 2012 and settled it in February 2016.  This case took some time to settle due to the nature of our client’s injuries and his ongoing symptoms.

How the claim proceeded: Upon initial contact with the school’s insurers, they issued a denial of liability.  In July 2013, having arranged for our client to see a court appointed orthopaedic expert, we received his comprehensive report, indicating our client had sustained a significant back Injury as a result of the accident.  We advised the insurers of our findings and they changed their position to an admission of liability.  Due to our client’s ongoing medical symptoms, we were not yet able to fully value his claim for compensation, but by May 2014 the insurers requested he undergo medical examination by their own appointed specialist, before considering any financial settlement proposals.  By April 2015, our client had been re-examined by our own medical expert, to provide us with an updated report on his condition and had also seen the insurer’s chosen specialist, whose report unsurprisingly was very contradictory to that of our own medical expert.  At this time we were no nearer reaching a settlement with the insurers and the 3 year deadline was fast approaching, from the date of our client’s accident to the point at which court proceedings needed be issued.  As such, we took the step to issue the court proceedings to protect our client’s position.

Were Court proceedings necessary?: Yes. Although liability for the accident was initially admitted by the insurers, following receipt of a medical report from their appointed specialist, they decided to contest the claim, so it was necessary for us to begin preparations for an eventual trial.  Due to the complexities of this case, we sought the advice of a barrister, who could assist us in fully valuing our client’s claim for compensation and preparing for the court date.

Was a trial necessary?: No.  Just prior to a court hearing date being set, we received a settlement offer from the insurer’s solicitors of £30,000.

Outcome:   The client secured £10,000 for his injuries and £20,000 for his financial losses, including his loss of earnings following the accident when he was unable to work.

Comment: The school clearly failed in its responsibility to ensure that the task our client had been instructed to undertake, could be done so safely without risk or injury.  Had they had better health and safety practices in place and ensured the steps outside the building were maintained in an efficient state and were suitable for the purpose intended, our client would not have slipped and sustained permanent injury to himself.

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 Freephone 0800 138 1348 or by landline 01684 580900 to speak direct to one of our specialist claims solicitors or go to our Start Your Claim  page to submit details of your accident compensation claim online.

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