Our client v His Employer
Date of Accident – 11th June 2014
Date of Settlement – 12th August 2016
Acting: Kevin Bostock, Paralegal at Wake Smith Solicitors
Facts:
On 11th June 2014, our client was injured in an accident at work.
He was employed as a Machine Operative in a factory in Manchester. He had been asked to assemble some flat pack cardboard boxes using a semi-automatic machine.
When he reached the machine he saw that there were a lot of cardboard waste and palletised goods around the machine which would have prevented him from operating it.
Our client was with his Shift Supervisor who was going to use an identical machine situated next to our client. This other machine also had waste and goods surrounding it which needed removing.
The Supervisor used a pump truck to move the pallets and cardboard from around our client’s machine. The Supervisor then went to start clearing the area around the adjacent machine. As he was doing this one of the pallets he was moving became caught on another pallet to the side which in turn was causing another pallet to wobble.
Our client, fearing that this pallet would fall and cause injury, rushed over to the second machine and in doing so tripped over an extension arm around the base of his own machine and fell suffering injury.
Consequences:
Our client injured both his elbows and suffered a cut to his right shin which became infected and required antibiotics. Whilst the right elbow injury was relatively minor he suffered a radial head fracture to his left elbow.
The left elbow was placed in a sling for approximately 6 weeks. He also had to attend hospital each week for 10 weeks due to the infection to his shin.
He has been left with a small permanent scar to his shin.
When he returned to work he was placed on light duties for 2 months before resuming his previous duties.
Fortunately, he did not suffer a loss of earnings.
The Proceedings:
The case was initially pursued via the Pre-Action Protocol for Low Value Personal Injury (Employers Liability & Public Liability) claims.
Our client’s employer initially denied liability for the accident and Court proceedings were commenced on 28th January 2016.
The Defendant put forward a settlement offer on 8th August 2016 which was accepted.
Prognosis:
Our client has been left with some mild restriction to his elbow and a small permanent scar to his right shin.
Settlement:
Settlement was agreed in the sum of £6,000.00 which included a minor claim for care and assistance provided to him during the first week following his accident.
