Claimant awarded £30,000.00 damages in lifting accident at work

We were consulted by a client regarding an accident he had had at work and following risk assessment we agreed to act for the client on a no win no fee basis.

Circumstances

The Claimant attended the warehouse to have his wagon unloaded which consisted of 6 single pallets and 3 double pallets. Usually the Claimant’s employer used extension forks to unload the wagon but unfortunately there were none available. This resulted in the need for ratchet straps being used which was a normal practice. The ratchet straps were hooked onto the fork lift truck, the straps wrapped around the pallets which then allowed them to drag the pallets forward. The Claimant was holding onto the straps as the pallets were being dragged however the hook detached from the fork lift truck which resulted in the Claimant being catapulted off the wagon.

Injuries

Right tibia plateau fracture, severe internal bruising to right shoulder, Post closed reduction, internal fixation risk of future knee replacement was also a consideration.

Progression

A claim for damages was made against the client’s employer and liability was admitted by the Employer’s insurers. Medical evidence was then secured and the value of the Claimant’s claim was finalised by us. The Claimant then made an offer to settle his claim, known as a Part 36 Offer.

The Defendants failed to respond to a Part 36 Offer made by the Claimant to settle his claim and as a result county court proceedings were issued. Subsequent to this a settlement of £30,000.00 was agreed for our client’s damages. Settlement was achieved within 16 months of the claim first being made against the employer which in view of the nature of the injury we consider was a relatively short period of time.