My client was injured when the ladder that he was working from slipped from under him. The ladder was not tall enough meaning that my client was having to stand too near to the top rung to perform his job on a first floor window. Furthermore, no other colleagues were sent to this site to perform the work who could foot the ladder.
This amounted to a breach of the Working at Height Regulations 2005 and, after some arguments from the Employer’s insurer, liability was eventually conceded.
The initial medical opinion of the orthopaedic expert was that further x-rays needed to be taken of the left lower leg and ankle to assess the recovery from the initial double leg fracture and to assess whether any osteoarthritis had developed.
A private x-ray was performed and funded by the insurer and our expert then reviewed the imaging and confirmed that significant osteoarthritis in the ankle had developed and that this was due to the accident. The expert confirmed that the symptoms would be likely to worsen and that fusion surgery would most likely be required in the next 5 years or so.
It was therefore important that we not only recovered compensation for my client’s injuries and compensation for his past loss of earnings and other financial losses but also compensation for the cost of the likely future surgery and future loss of earnings likely to be experienced following that surgery. Those future costs and losses were calculated as likely to exceed £15,000 and so it was crucial that the total compensation figure reflected all past and future losses.
Following production of all of the medical evidence and full schedule setting out all past and future financial losses, we were able to negotiate with the insurer and achieve an increase of over £12,000 on their original offer in order to recover £50,000 for our client, with £5,000 being paid to my client as an early interim payment once liability was admitted to help my client out with the earnings that he had already lost out on following the accident.