Moore Barlow are please to have reached settlement for a client who sustained life threatening injuries as a result of an accident at work. The injuries sustained were extensive and our client’s life was saved by the surgeons at St George’s Hospital. Moore Barlow were instructed through the Major Trauma Support Partnership (MTSP).
Electricity pylon collapse causes serious fall from height
Our client was employed by the Defendant company as a linesman and on the day of the accident, he and his team had been working on replacing an electricity pylon. Our client and his team were working at height from cherry pickers when suddenly and without warning, one of the stays securing the pylon gave way and the pylon fell, hitting the cherry picker our client was working from. Our client fell from the cherry picker to the ground, sustaining serious injuries (as listed below).
Establishing liability for the workplace accident
Liability for the accident was initially denied as the post-accident investigation revealed that whilst he was wearing his safety harness, he had not in fact clipped the harness on to the bucket. Had he done so, his fall would have been arrested and the injuries he suffered may have been less severe. Nevertheless, we progressed with his claim and liability was eventually agreed 60% in our client’s favour.
Life-threatening injuries and a remarkable recovery
As mentioned above, our clients’ injuries were extensive and included facial fractures, rib fractures, aortic dissection, liver laceration, spinal fractures, fractured clavicle and a moderate to severe brain injury. Our client’s recovery was remarkable. We were instructed 6 months post injury and by that time, our client had already returned to his pre-accident role and despite his ongoing issues (which were pretty extensive), he was determined not to let his injuries get him down.
Assessing the long-term impact of multiple serious injuries
Even though our client was doing very well, his relationship with his employer (the Defendant) deteriorated and he sought alternative employment for a different utility provider. In order to quantify the claim, expert evidence was sought from neurology, neuropsychology, neuropsychiatry, occupational therapy, orthopaedics and cardiology. Due to the rare nature of the injury to our client’s aorta, evidence was also obtained from a specialist vascular surgeon.
Court proceedings lead to an improved settlement offer
Prior to limitation (three years post accident), the evidence was sent to the Defendant’s Solicitors on a Without Prejudice basis and an offer of settlement was invited. The initial offer was insufficient and therefore, Court proceedings were issued and served, following which, the Defendants improved their offer and settlement was reached.
Our client was incredibly stoic and whilst he has been left with ongoing issues (including things such as emotional lability, fatigue breathlessness), he has made a great recovery and the settlement sum will allow that to continue whilst also providing financial stability.
How Moore Barlow can help
Claims involving serious workplace accidents can be complicated, particularly when an employer disputes responsibility or argues that an employee contributed to their injuries. Our personal injury lawyers investigate how an accident happened, gather specialist medical evidence and challenge inadequate settlement offers where necessary. We also work with healthcare professionals and major trauma support services to understand the full impact of an injury on a person’s health, employment and future. If you have suffered a serious injury at work, we can explain your options and help you pursue the financial support needed to rebuild your life.
