In this case, our client was asked to carry out a task using a ladder to repair a fence on a building site. No training had been provided for our client to be able to safely complete the task, meaning they unfortunately fell and sustained injury to the knee due to the step ladder being on unsuitable ground.
An ambulance was called to the scene and our client was taken to A&E and provided with crutches and a split. We’re pleased to have now settled the claim for just over £14,000 to reflect the injuries and losses our client suffered.
An X-ray and an MRI scan showed a small fracture in the knee with soft tissue damage in the area too. A lengthy course of physio was required, which is common for knee injuries to help regain stability and strength in the injured joint.
Given the nature of the injury, our client was unable to return to the same line of work. As is common with knee injuries, there were impacts on hobbies, sleep, and several day-to-day living activities.
Why we took the case on…
We considered our client’s employer was negligent and liable to compensate for breaches of vital health and safety legislation. Our allegations of breach included:
- Failed to ensure that work equipment was suitable for the purpose for which it was used contrary to regulation 4(1) of the Provision and Use of Work Equipment Regulations 1998
- Failed to make suitable and sufficient risk assessments of the risks to the health and safety of the Claimant contrary to Regulation 3 of the Management of Health and Safety at Work Regulations 1999
- Failed to provide adequate training to the Claimant contrary to regulation 13 of the Management of Health and Safety at Work Regulations 1999
- Exposed the Claimant to a foreseeable risk of injury
- Exposed the Claimant to a dangerous hazard
- Allowed the claimant to undertake activities he was not trained in
The fight for compensation!
Initially, the opponent actually denied liability and tried to avoid paying out on the grounds that it was our client’s fault for not paying attention their activities at the time of the accident. They used the common phrase insurers and defence solicitors love to throw about which is that the injured person was the “author of their own misfortune“.
But we weren’t having any of it!
We built our case and argued why our client was entitled to work injury compensation and eventually managed to persuade the opponent to accept liability and pay out for their negligence. We had to issue court proceedings as part of the claim, but we’re pleased to have obtained a settlement of just over £14,000.00 for our client.
Another case won by our expert personal injury team here at The Injury Lawyers!
