£85,000 settlement for a woman who sustains nasty fall at work
Our specialist Personal Injury team helped secure an £85,000 settlement for our client who had an accident at work.
After a hard-fought claim with a Welsh local authority, we were delighted to secure the compensation for Mrs. T. The injury was sustained after an accident at work, slipping on a liquid spill. The injury was unfortunately bad enough to consequently force her to retire earlier than expected.
What happened?
In January 2016, whilst working as a Cook for a primary school in Wales, Mrs. T fell in the dining hall. She had slipped on a spillage whilst clearing away tables and chairs following lunch. This had not been dealt with by supervisors who were employed by the Defendants. It was Mrs. T’s case that it was the responsibility of the supervisors to clear up spillages caused by the children during the lunchtime period and that they had failed to do so. The Defendant initially alleged that it was Mrs. T’s responsibility to clean up spillages and that she should have noticed it when putting away the tables. They then changed their position to say that Mrs. T had slipped on an area that she had mopped and therefore was the author of her own misfortune.
What injuries did the accident at work cause?
Mrs. T was 66 at the time of the accident and sustained significant injuries to her right dominant elbow. Those injuries were a fracture of the proximal ulna alongside her radial head. She underwent surgery for internal fixation of the ulna and replacement of the radial head. She also underwent extensive physiotherapy and suffered stiffness of the fingers and weakness in her hand. At approximately 18 months post-injury it was felt that it was unlikely that the symptoms were going to improve to any great extent and the residual weakness in the hand and restriction in movement in the elbow was deemed as permanent.
In August 2017 concerns were raised that there was a loosening of the radial head implant. Consequently, further surgery was required.
How did we help Mrs. T?
Given the uncertain future for Mrs. T’s injury, the claim proceeded by way of a split trial, and a trial in respect of liability took place in May 2019. After a 2 day trial, the court found in favour of Mrs. T. She had to undergo further surgery on her elbow and the claim was eventually settled for £85,000 in September 2020, only a matter of days before a further trial to decide the level of her compensation.
Mrs. T was unable to return to work after her accident. Had she not had her accident she had hoped to carry on working until the age of 68. She loved her job and after retirement, hoped to go back to provide relief cover.
Have you had an accident at work? Find out more about how our specialist Personal Injury team can help you.
