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02 June 2015
Slater and Gordon Personal Injury Solicitor Nigel Smith was instructed to represent an employee who was injured at work.
Slater and Gordon Solicitor: Nigel Smith is Senior Personal Injury Solicitor at Slater and Gordon Lawyers in Manchester.
Settlement value: £18,500
This was a highly complex case on both liability and medical causation. There were two incidents when Nigel’s client maintained he was injured at work, in September and October 2011.
The man’s employer denied liability and maintained that neither of his accidents had occurred, alleging that CCTV, invoices and documentation signed by the client on his return to work, contradicted his assertions that he had injured himself while lifting heavy gas bottles, and subsequently aggravated the injury while lifting steel unaided.
Despite a witness confirming that the company both condoned and permitted gas bottles to be lifted without training or equipment, that witness refused to sign his statement, necessitating a witness summary to be served.
Nigel’s client alleged that signatures purported to be his in the return to work documentation and training records, were in fact forgeries, despite one of the defendant’s key witnesses purporting that she had seen him make the signature. Nigel's client’s assertions of forged signatures were subsequently supported by an independent handwriting expert.
How Nigel helped: Nigel's client had an existing degenerative spine. Nigel obtained evidence from a medical expert that both his client's work accidents had accelerated an asymptomatic spine condition by 7-10 years. The defendant’s spinal expert contended an acceleration of no more than a year.
Decision: The matter was listed for a two day trial in May 2015 but settled a month beforehand following Nigel’s client accepting the defendant’s Part 36 offer.
Nigel secured £18,500 compensation for his client.
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Thursday 20th July 2017
Friday 10th April 2015