Accident At Work Claim For Orthopaedic Injury Settles For £21,000
01 July 2014
Personal Injury Litigation Executive Kamil Mieczakowski was instructed to act for his client following his accident at work.
Kamil's client was working as a cleaner at the Defendant’s pub. The pub’s staff put the chairs on the tables after closing time and it was his duty to take the chairs off the tables and clean them up. When he lifted one of the chairs up to put it on the floor its wooden seating part fell off the chair and landed on his foot. The seat that fell off from the chair was made of wood, it was quite bulky and heavy.
After the accident he went to the hospital where his toe was x-rayed. Initially it appeared that he did not sustain a serious injury. There was no fracture and his injury was described as minor in the medical records. However a few days after the accident he started to experience severe pain in his foot. When he came back to the hospital a week later it appeared that an infection had developed due to the injury and his toe had to be amputated. Kamil's client was subsequently hospitalised for a week.
After an exchange of correspondence, liability was finally admitted by the Insurers of the pub and an appointment was organised with an orthopaedic surgeon to prepare a medical report on his injuries. In the meantime Kamil's client developed depression and anxiety. It was hard for him to come to terms with the loss of his little toe. He was an active person prior to the accident and enjoyed playing football with his friends and fishing. After he lost his toe he could not play football and he was in pain for many months after the accident. He was also off work for 12 months as he was not weight bearing and could not work as a cleaner and internal decorator as he used to prior to the accident. Before the accident he was always in full time employment and it was difficult for him to accept that he will never be as fit as he used to be.
Medical evidence was also commissioned from a psychologist who diagnosed him with depression and anxiety.
The client’s son was actively helping him during the recovery period and 12 months after the accident he managed to return to work for the first time. He also started to walk longer distances and returned to his hobby of fishing. Moreover, after the course of medication and therapy he is now on a path to recovery from his disrupted mental condition.
An initial offer to settle the claim for the amount of £4,000.00 was made before the medical evidence was commissioned and Kamil advised his client to reject it. He was not working at the time and he was very tempted to take the money as he needed it. However, Kamil managed to convince him that he deserved more for all the hardship he had been through and his client agreed to be patient.
Once all of the medical evidence was obtained it was submitted to the Defendant’s Insurers together with a schedule of financial losses including his loss of earnings claim and a claim in respect of costs for gratuitous care he received from his son. The Defendant’s Insurers then made an offer to settle the claim for £15,000.00. Kamil rejected the Defendant’s offer and continued to negotiate. Finally the case has settled for £21,000.00 to his clients delight. Kamil's client was satisfied with the settlement which will give him peace of mind and confidence in the future.
Kamil Mieczakowski is a Personal Injury Litigation Executive and is based at Slater and Gordon Lawyers in Newcastle.
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