My client suffered significant injuries in the workplace when a loading ramp on the back of a truck suddenly fell and landed on him. The accident was caused by a defect in the truck’s hydraulic system which the employer had previously been made aware of.
The employer admitted liability for failing to decommission the truck prior to the accident. Medical expert evidence was obtained from a suitable consultant and it was confirmed that the Claimant would most likely make a good recovery within 2 years, with permanent nuisance symptoms thereafter.
However, in view of the Claimant’s age and the impact that the injury was having on him at work, it was important to avoid rushing into a final settlement. Instead, an interim payment was recovered for the Claimant. An updating expert report was then obtained from the consultant following a re-examination a year later. A revised opinion was provided with a slightly longer recovery period and, as the Claimant had returned to work, he was happy to then commence final settlement discussions.
In addition to claiming compensation for his pain and suffering and financial losses, we also ensured that the Claimant recovered compensation for disadvantage on the labour market. We claimed that this injury had out the Claimant at a greater risk of being placed on the open labour market (i.e. losing his current job) and, once there, he would then be at a disadvantage in finding new work due to his ongoing symptoms.