Work Accident Claim Settled for £3600 Compensation

17 July 2018

Client Situation

Mr T was employed by an employment agency who assigned him to 1 day's work driving a forklift truck at a dairy. Mr T had a forklift licence, but this had expired. He made his agency and the dairy aware of this and they said that this was OK.

Mr T ended up working at the dairy for several weeks doing various tasks for them, essentially lending a hand where needed.

One day, while at work, Mr T was taking pallets out of a van with another member of staff. There was a hook that they used to hook the pallet and drag it to the end of the van, so that the forklift could lift it, however the hook was not designed for this purpose.

Using this hook, Mr T hooked a pallet that was being removed from the van. The next thing he knew, either the hook or the pallet had given way, causing him to fall out of the van.

He told employer about the accident and entered details of the incident in the accident book. He was told that "normally people hit their head on the forklift."

Mr T suffered an injury to his wrist and went to hospital. He was off work for approximately 6 to 8 weeks following the accident, as a result of his injury. As an agency worker, Mr T lost pay during this time before he returned to work, taking an assignment with a different employer.

How We Helped

After providing Mr T with free legal advice and an assessment of his claim by a Personal Injury Solicitor, Mr T instructed Co-op Legal Services to take on his work accident claim.

In England and Wales it is a legal requirement for employers to have Employers' Liability insurance in place, so one of the first steps we took was to obtained details of the insurance provider.

We considered the accident circumstances and decided that Mr T had a good claim. Employers have a duty to ensure they provide appropriate equipment to enable workers to carry out their job safely. The system of work in using a hook wasn't in our opinion safe, and we lodged a compensation claim on his behalf.

Liability for the workplace accident was then admitted.

We arranged for a medical examination of Mr T's injuries to be carried out. We then arranged for an X-ray of Mr T's wrist to be taken, as requested by the medical expert who examined him through our medical agency.

Once Mr T's injuries had been diagnosed and treated, we calculated the compensation value of the injuries and calculated Mr T's loss of earnings during the time he was unable to work.

The Outcome

We calculated the value of Mr T's claim on the basis of the injuries he had experienced and the losses and expenses he had incurred.

Our Personal Injury Solicitors then made a Part 36 offer to the defendant. This is an offer to settle the claim without having to go to court. The employer accepted liability for the work accident and the Part 36 offer was accepted. A settlement of £3600 compensation was agreed. Mr T was very happy with the settlement.

At Co-op Legal Services most work accident claims can be dealt with on a No Win No Fee basis.

More articles