Laura Vaughan of Trethowans was instructed by 56 year old client to pursue a claim for damages for the injuries and financial losses which she suffered following a slipping accident at work.
At the time of the accident, our client was employed by a well-known high street store.
She was dealing with a customer enquiry when she slipped on some water in an aisle in the store, causing her to fall onto her right arm. As she fell, her right shoulder was driven up to hit her right ear.
After receiving notification of her claim from Trethowans, the high street store chain admitted that it had breached its common law duty to her to provide her with a safe place in which to work and its statutory duty to keep all walkways in her workplace clear of spillages and other dangers and agreed to compensate her for her injuries and losses.
As a result of the accident, our client suffered a soft tissue injury to her right elbow from which she made a full recovery within three months of the accident.
However, she also sustained a much more serious injury to her right shoulder and was eventually diagnosed as suffering from right shoulder impingement. She received a course of physiotherapy treatment and three cortisone injections, none of which improved her symptoms of pain or the range of movement in her shoulder.
She suffered from an almost constant dull earache in her right ear after the accident and found it difficult to hear people talking whenever there was any background noise.
She was unable to work for a month after the accident and although she subsequently returned to work, she made the decision to leave her employment with the Defendant. The decision made by our client to leave her employment was at least partly due to the difficulties she had in completing her duties at work because of her ongoing right shoulder symptoms.
She underwent successful right shoulder surgery and fortunately had made an almost complete recovery from her shoulder injury within a year of the operation. Surgery also completely cured her earaches.
Unfortunately, surgery did not improve her hearing difficulties and she was diagnosed with an auditory processing disorder by the Consultant Ear Nose and Throat Surgeon instructed by Trethowans as part of the claim. At the expert's recommendation and following receipt of an interim payment on account of her damages for that purpose from the Defendant, she was fitted with hearing aids in both of her ears which resolved her symptoms.
The Defendant to the claim made our client an offer to settle her claim which she rejected in accordance with Laura's advice and eventually recovered well over double the original amount in damages to settle her claim.