Angela Richards, a personal injury Solicitor at Seth Lovis & Co, recently acted for Mr S, a Polish client who sustained an arm and shoulder injury at work. Angela was the right solicitor to act for the client because she has considerable experience in handling personal injury claims involving arm and shoulder accidents in the workplace.
At the time of the accident, Mr S was employed through an agency as a labourer for a company that specialised in erecting marquees. Mr S had been working for the company for 2 weeks at the time of the accident and alleged that he had not been given any training in erecting marquees and had to rely on common sense, guess work and the assistance of colleagues to erect a marquee.
On the day of the accident, Mr S was working with the company at a beer festival. He was standing at the top of a ladder and with a colleague was attempting to connect two poles to make the main frame structure for a marquee. As he was doing so, he lost his balance on the ladder, which he says was not being held by his colleague. He dropped one of the heavy poles and fell approximately 8 foot to the ground, landing awkwardly on his arm. He was also struck on the head by the heavy pole, suffering a serious laceration to his head.
Arm and Shoulder Injury
An ambulance was called and treated Mr S for a deep head laceration, a fracture dislocation of his elbow and a soft tissue injury to his shoulder. He was taken by ambulance to hospital, where his elbow was manipulated back into position.
One of the issues in the case was that both the ambulance and hospital records said that Mr S smelt of alcohol on the day of the accident. Mr S strenuously denied having drunk alcohol prior to the accident.
Long Term Arm Injury
Angela instructed a Consultant Orthopaedic Surgeon to prepare a full medical report regarding Mr S’s injuries. The medical expert was of the opinion that the long term effects of his arm injury would severely jeopardise his ability to carry out heavy manual work (the only work he was skilled in doing), which would have a detrimental effect on his long term earning capacity.
Mr S’s employers denied all liability and claimed that, unbeknown to them and without instruction, he had gone to work on a marquee owned by a different company at the time of the accident. They alleged that this was possibly as he was under the influence of alcohol. Angela got the claim listed for a liability only trial in May 2013. In the week before trial, the case was settled on a split liability basis of 51% in our client’s favour and his employers offered him £70,000 in compensation for his injuries and financial losses arising from the accident, which he was happy to accept.
Author - Angela Richards