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GN, a European national, sustained severe injuries to his back and health whilst working for the Defendant. The most relevant failure alleged against the Defendant employers was the failure to provide the relevant Personal Protective Equipment. We successfully relied upon provisions in the Workplace (Health & Safety Welfare) Regulations 1992, Provisions and Use of Work Equipment Regulations 1998, The Management of Health and Safety at Work Regulations 1999 and the Occupiers Liability Act of 1977.
Due to the Defendants denying liability, as the Claimant suffered an incident at work, we utilised covert surveillance to prove our clients’ case. With injuries including spinal canal stenosis, there was a question mark with proving the extent of the injuries caused due to potential degenerative changes. As well as the spinal injury, the Claimant also suffered from Psychological trauma of not being able to provide for his young family and having to adapt his working life to his restricted mobility. The Claimant elected against spinal surgery and our instructions were to obtain the most favourable outcome for the client as possible.
The Claimants claim consisted of including a claim for loss of future earning capacity on the open job market, cost of gratuitous care, Psychological trauma as well as pain, suffering and loss of amenity. With the evidence from an Orthopaedic surgeon and a Clinical Psychologist, the Claimant was successful in recovering in excess of £50,000.00 in a settlement.