Our specialist Accident at Work team has recovered a substantial six-figure sum for a client who suffered serious injuries as a result of an accident in the workplace, for which we secured an admission of full liability (fault) from the employer.
This case highlights the need for employers to ensure that all necessary precautions and procedures are in place to keep employees free from harm which may occur within the workplace.
How did the accident happen?
On a summer morning in July, our client was undertaking his normal duties in a furniture-making business. That afternoon he was admitted to Accident & Emergency (A&E) with serious crush-related injuries. Five solid wooden kitchen surfaces weighing approximately 1 ½ to 2 tonnes had fallen on top of him. Our client was trapped between the concrete floor and the wooden surfaces for over 10 minutes as colleagues attempted to free him.
What injuries did the client suffer?
He suffered significant injuries with several fractures to his pelvis and lower body. These injuries have been life changing for our client. After being admitted to A&E he was hospitalised for over five weeks. Our client continues to suffer from these injuries which have had a major impact on the quality of his life. His mobility and ability to carry out day-to-day activities is significantly limited. Our client continues to suffer psychological trauma related to the accident and remains unable to work due to the extent of his injuries.
Injured within the course of employment- what is the legal position?
In terms of the relationship that exists between employer and employee there is a legal obligation incumbent upon employers to take reasonable care of their employees and keep them safe from harm during the course of their employment. In this case, we were able to prove that the lack of workplace procedure and training amounted to negligence. Following the accident the employers have implemented new procedures and training programmes.
In order for a client to be able to recover damages for injury we have to establish that there was negligence and, as a result of that negligence, there was loss suffered. In relation to the facts of this case, it was reasonably foreseeable that the manner in which the wooden surfaces were stored and lack of proper procedure would create a hazard to employees.
We intimated details of our clients' losses and the breaches that led to this accident taking place. Full liability was admitted and a substantial six-figure sum for compensation was recovered for our client for his personal injuries and financial losses to date and losses he will suffer in the future.
The Claims Process
In terms of the Scottish mandatory Pre- Action Protocol it is necessary for us to set out the basis for our client's claim to the employers. We did this and the employers then undertook investigations in relation to how and why the accident happened and considered the breaches of duties of care we alleged.
Following this investigation the employers indicated that they accepted fault for this accident and their insurers have dealt with our client's case in a positive way. We worked with the employers' liability insurers to settle our client's claim.
The procedure involved us exhibiting medical evidence and evidence outlining losses suffered by our client to the insurers. We instructed specialist medical and financial reports to prove the extent of loss suffered by our client. When you suffer an accident at work it is important that specialist workplace injury solicitors are instructed.
Get in touch
Our Personal Injury team are experienced in representing those injured in workplace accidents. We will give first class legal representation, support and care to an injured person and families of those injured in Scotland.
Get in touch now for a free chat. Call us free on 0800 904 7777 or find out more information about the personal injury service we provide.