Forklift Accident at Work

Mr M from Essex aged was working as a forklift truck driver. During the course of his employment carrying out his typical work duties he had reason to use the forklift in the works yard. On the day of the accident in August 2012 Mr M was alighting from the forklift when his foot was caught on uneven ground and he turned his ankle in a hole in the ground causing him to be thrown to the floor.

Mr M’s employer was held responsible for the accident due to the ground in the yard being defective and in a poor state of repair. The incident was recorded in the works accident book when Mr M was attended to by the local first aider.

As a result of the fall Mr M suffered personal injury to the ligament in his left ankle.

Mr M could not carry on working for more than one hour after the accident and so returned home and was later taken to Accident and Emergency by his wife due to the pain. The consequence of the accident meant that Mr M took 6 months sick leave from his job. After 6 month he returned to work but on light duties only. Activities that were affected by the injury were walking and lifting.

Mr M attended his GP for treatment and on more than 5 occasions returned to his GP for reassessment. Hayward Baker were happy to arrange physiotherapy for his ankle injury but Mr M was already receiving physiotherapy arranged by his GP after x-rays and MRI scan was taken of Mr M’s foot which showed lateral collateral ligament injury. Mr M subsequently received over 30 sessions of therapy for his ankle.

Hayward Baker Solicitors agreed to act for Mr M for his claim for personal injury compensation in December 2012.

After writing to the Defendants insurers blaming Mr M’s employers for the accident and subsequent injury Hayward Baker Solicitors received acknowledgement from the insurers in February 2012.Two months later Hayward Baker received a letter from the Defendants Solicitors that Mr M’s employer admit liability as they breached a care of duty that they had for Mr M an employee in their care.

Hayward Baker arranged a medical examination with an Orthopaedic expert in June 2103. Mr M attended two more such appointments until a final prognosis was given. The consultant examining Mr M confirmed the injury was consistent with the type of accident MR M had.Best recovery of the ankle was achieved two years and nine months post-accident.

Hayward Baker negotiated a settlement figure with the defendant’s solicitors for Mr M to include his financial losses as well as the compensation for the injuries sustained as a result of the accident.The first offer received from the defendant’s solicitors was deemed insufficient by Hayward Baker and they made a counter offer of £16500.00 which after some negotiation and threatening the defendant with court proceedings and to let the court decide the settlement figure the offer made by Hayward Baker was accepted.

We wish Mr M all the best for the future.

Forklift Accident at Work




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