The Claimant, a 67-year-old labourer, was injured during the course of his employment as a subcontractor at a building site. He had climbed up the ladders on the set of scaffolding and due to the mechanics of opening the safety gate, the Claimant was caused to lose balance and fall over 10ft to the ground. 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 1977.
The Claimant suffered multiple injuries including a chest and several rib fractures, haemothorax and pneumothorax, damaged oesophagus and a mild form of PTSD in the form of negative cognitions. After obtaining the expert evidence of a leading Spinal Surgeon as well as a Clinical Psychologist, the Claimant also presented a claim for the cost of gratuitous care which he received during the acute period of his recovery. The Claimant had a pre-existing history of mental health issues and suffered adverse Psychological trauma resulting from the incident for which we arranged Cognitive Behaviour Therapy to assist the Claimant with his rehabilitation and recovery.
After obtaining the advice from Counsel, we successfully negotiated settlement far in excess of what Counsel valued the Claimants injuries to be worth. We successfully recovered in excess of £25,000.00 by way of settlement which, in the Claimants own words, “changed his life”.