Mr H from Northumberland was carrying out his duties in the course of his employment when he tripped over a computer wire trailing across a traffic route in the works staff room.The tripping hazard caused Mr H to stumble and fall onto the floor causing him to aggravate a previous injury to his back.
As a consequence of his back injury Mr H took 3 months off work causing over £800.00 in lost earnings and made Playing with his young son difficult and he could not play the drums or golf whilst he still suffered from the back pain.
Mr H instructed Hayward Baker Solicitors to deal with his Personal Injury claim against his employer. Hayward Baker contacted Mr H’s employer through the low value insurers portal and set out why they believed his employer was to blame for the accident. The allegations were:
- Failing to keep the traffic area free from obstruction, contrary to Reg 12(3) of the Workplace (Health, Safety and Welfare) regulation 1991 or at all.
- Failing to carry out any suitable risk assessment whereby the risks associated with trailing wires in the traffic routes would have been identified and removed.
- Failing to devise, institute or operate to ensure the institution or operation of any or adequate system of housekeeping so as to see that the premises were kept free from obstructions and tripping hazards.
- Exposing Mr H to a danger or a trap or a foreseeable risk of injury.
A swift response was received via the portal from the insurers and liability was admitted for the accident.
Mr H’s solicitor then arranged for him to attend a medical appointment with an Orthopaedic Consultant who would examine him and formulate a report upon his injuries. Mr H’s solicitor would use this report as evidence to support the injury claim and as tool for valuing how much the claim is worth.
Once the medical report was received it did confirm that the injuries sustained were consistent with the material accident and that it had aggravated a previous back injury. The report also recommended that Mr H is referred to a spinal surgeon regarding his previous back injury as it may be corrected by surgery. The report also noted that Mr H had purchased numerous pain killers for his back pain and the cost of these were added to his schedule of loss along with his loss of earnings claim and travel expenses related to the accident.
Once Mr H was happy to disclose his claim in full to the insurers a letter with a copy of the medical report attached was sent inviting the insurers to make an offer in settlement of the claim. Initially and offer was received that was lower than his solicitor at Hayward Baker had expected so with some clever negotiation on their behalf the claim was settled at a higher amount of just over £3,000.00.
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