Personal Injury Claim Case Study
A machine operator who had to have his leg amputated after an accident at work has been awarded nearly £2m compensation.
The man was operating a telescopic handler on a building site when it toppled over and crushed him. He suffered compound fractures in his right leg and had to undergo 13 surgical procedures, including amputation.
Following the loss of his leg, he began to experience phantom limb pain and major depression, which required further psychological treatment and support. He also began to suffer ongoing right shoulder pain as a result of using crutches, and back pain due to an uneven gait.
He suffered from night time sweats which required him to change clothes and/or bed sheets up to three times per night.
His injuries meant he was no longer able to work and his chosen career path was no longer open to him. He required specialist accommodation, aids and equipment, therapies and ongoing treatment.
He took action against his employer alleging that the company was negligent in failing to provide a suitable machine to operate in the limited space available on the site, and failing to ensure that he was sufficiently qualified to operate the telescopic handler.
The employer countered by saying he was partly responsible for the accident and had acted in breach of safety regulations.
The two sides agreed that the employer was 65% liable and the employee 35% liable.
They agreed an out-of-court settlement that provided the employee with just under £2m compensation to cover his pain and suffering, his loss of earnings and his future care costs.
Details of the Personal Injury Claim
BUERY v ASSURED BRICKWORK LTD (2013)
Out of Court Settlement
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