Our specialist Accident at Work team recovered a significant five-figure settlement for a man who fell on ice in the course of his employment with a nursing centre.
This case highlights the need for employers to ensure that all necessary precautions and procedures are in place to keep their employees free from harm during the course of their employment.
How did the accident happen and what injuries did the client suffer?
Our client, who worked at a nursing centre, was taking out refuse bags. It was 5am and dark and he was negotiating a path which unbeknown to him had become icy. Despite a security light being fitted at the back door there was a delay in it activating which meant our client was unable to see ice on the path he was walking on.
He fell and knew immediately that his right ankle was broken because of its abnormal appearance. He was taken by ambulance to hospital where he had to undergo an operation using screws and plates to fix a number of displaced fractures around his ankle. Following the operation our client was in hospital for five days, he had his leg in a cast and had to use crutches or a zimmer to mobilise. This was followed by 12 days in a community hospital for rehabilitation such was his lack of mobility.
Accidents can have a major impact on quality of life
To help our client with his discharge back home, various occupational therapy equipments were delivered to his home including a downstairs bed, a high chair and a commode. Once home our client was housebound apart from hospital visits.
The presence of the cast made it extremely difficult to engage in even the simplest of day-to-day tasks, such as dressing. He could not engage in general domestic chores and there was heavy reliance on his sister and neighbours.
In addition to interference with physical activity our client experienced sleep interference. He attended outpatient physiotherapy for approximately eight weeks. However the long terms effect of this injury were significant in terms of discomfort, ankle stiffness and mobility issues.
The quality of life of our client was not only compromised for a number of months following the accident. Despite the accident happening a number of years ago our client continues to find general walking uncomfortable, there is restriction of movement in his ankle and he is fearful of it giving way and of falling. In terms of long term prognosis our instructed medical expert noted that this type of fracture can be associated with the development of arthritis.
The Claims Process
Our specialist Accident at Work team ingathered evidence and managed to get the owners of the nursing centre to accept that the accident happened due to their negligence - specifically to fit a light to illuminate a path their employees would be likely to use. A recovery was made of the "Accident on Duty" report which showed an account of how the accident happened. This allowed our Accident at Work team to set out why we held the owners of the nursing home at fault for the accident.
Our client was not eligible for payment of Statutory Sick Pay so loss of earnings was included as part of our client's claim. Settlement was made for our client for the following losses that were suffered:
- his Personal Injury claim;
- wage loss;
- services provided by his mother and brother; and
Contact our personal injury solicitors
If you've suffered a similar injury our solicitors can help you secure the justice and compensation you deserve. Get in touch now for a free chat about your claim.
- Call us on 0800 904 7777
- Email us [email protected]
- Text claim to 80160 and someone will call you back
- Book an appointment
We will be able to give you an indication of the potential value of your claim. Remember with us you keep 100% of the compensation your receive.
The small print: This blog is for information purposes only and should not be construed in any way as providing legal advice.