Accident at work claimant receives 5 figure sum in compensation for his injuries
Accident Circumstances: Our client was working in a flooring warehouse in Dartford. In the warehouse is a set of narrow metal aircraft stairs leading to a mezzanine floor.
During the course of his employment our client was required to access the mezzanine floor by the metal ladder. On the day of the accident our client was climbing the steps and half way up he slipped and fell due to hydraulic oil leaking from a Reach Truck. The oil was sufficient to cover his safety boots. As a result of the slip and fall our client caught his foot in a gap between the steps and injured his ankle.
Our Client’s Injuries: Inversion fracture to ankle requiring the insertion of metal screws.
What did Hayward Baker Solicitors do to help: One of our personal injury specialists Verity Taylor was in charge of this case. Verity is a Personal Injury Specialist Solicitor, having qualified in October 2004. She is a Litigator Member of the Association of Personal Injury Lawyers (APIL), a not-for-profit organisation which exists to fight for the rights of injured people.
Verity is adept at managing a wide range of claims from straight forward fast track matters to complex multi track cases. She deals with all aspects of personal injury claims including road traffic accidents, employers’ liability claims, public liability and occupiers’ liability claims.
She represents clients with a variety of injuries including serious orthopedic injuries, multiple fractures, fibromyalgia, complex regional pain syndrome, severe psychiatric injuries, head injuries and also those involved in fatal accident claims.
Verity wrote a letter of claim to the defendant blaming them for the accident because the accident was caused or contributed to by the negligence and/or breach of statutory duty of our client’s employer by:
- Failing to maintain in an efficient state, in efficient working order, and in good repair, the Claimant’s aforesaid workplace and/or the stairs contrary to reg.5 of the Workplace Regulations or at all.
- Failing to make effective provision for securing and maintaining sufficient and suitable lighting in the aforesaid area contrary to reg.8 of the Regulations or at all.
- Failing to ensure that the Claimant’s said workplace floor was of a construction such that it was suitable for the purpose for which the Claimant was using it, or to keep it free from any substance which might cause the Claimant to slip, contrary to reg.12 of the Workplace Regulations or at all.
- Failing to ensure that the stairs were so constructed or adapted as to be suitable for the purpose for which they were used by the Claimant or provided, contrary to reg.4(1) or in selecting the equipment to have regard to the working conditions and the risks to the health and safety of the Claimant when using it contrary to reg.4(2) of the Provision and Use of Work Equipment Regulations 1998 or at all.
- Failing to ensure that the stairs were maintained in an efficient state and in good repair contrary to reg.5 of the Work Equipment Regulations or at all.
- Failing to ensure that the stairs were stabilised contrary to reg.20 of the Work Equipment Regulations or at all.
- Failing adequately or at all in time to examine, inspect, repair or maintain the stairs which were insecure, defective and dangerous.
- Causing, permitting or suffering the stairs to come to be or to remain insecure, defective and dangerous.
- Causing, permitting or suffering the Claimant to work as above or in the above location when it was unsafe so to do.
- Failing to warn the Claimant of the dangerous conditions prevailing upon the stairs or otherwise prevent him from using them.
- Exposing the Claimant to a danger or a trap or a foreseeable risk of injury.
- Failing to provide or maintain for the Claimant a safe system of work.
- Failing to provide or maintain for the Claimant safe plant and equipment.
- Failing to take any or any adequate care for the safety of the Claimant.
- Failing until after the Claimant’s accident to remove from use or otherwise prevent the use of the stairs.
Liability for the accident: The defendant insurers investigated the claim and denied liability for the accident. Therefore verity collated witness evidence to prove that the accident was caused by our client’s employer. Medical evidence was obtained to prove that our client’s injuries were as a result of the accident.
Liability was still an issue some months on from starting the claim so once verity had all the evidence she required she issued proceedings and was prepared to take the matter to Court and let a Judge decide who was responsible for the accident.
Fortunately the defendant eventually admitted full liability before the matter progressed to Court.
Verity valued the claim for compensation by using the prognosis of the clients medical report from a medical expert. in addition she claim for our client’s out of pocket expenses to include Travel Expenses to and from medical appointments, Loss of Earnings, Home care and Assistance and medication.
Resolution: Our client was awarded the sum of £20,000.500