Disputed Dorset workplace injury claim settled
James Braund, specialist personal injury solicitor and partner with Trethowans LLP, based in Poole and Bournemouth, has recently resolved a heavily disputed accident at work claim.
The Incident
Mr D was involved in an accident at work on 16 December 2021, when he was working at a recycling centre. At the centre, a series of machines and conveyor belts sorted waste material, which came into the yard in skips. Waste materials would be initially sorted by a machine (called a shaker deck) containing shaking plates with different sized holes in them that would separate different size materials to different levels.
On the day in question, Mr D was operating a crane, lifting waste material onto a conveyor which would take it to the shaker deck, when he saw the machine become blocked and waste build up behind. Mr D, therefore exited the crane and climbed onto the machine to free the blockage. Unfortunately, in the course of doing this, he lost his footing and fell onto another conveyor belt below. Mr D was struck by waste behind him on this conveyor belt and crushed, unconscious, against a metal bar overlying the conveyor.
Mr D suffered significant injuries to his chest and spine, punctured lungs, facial swelling and soft tissues abrasions to his left shoulder and back. He was taken to Hospital, where he received treatment. It was identified that Mr D had suffered significant spinal fractures. He continued to experience chronic pain.
The Claim
Mr D (with support from his family) approached James shortly after the accident.
Mr D stated that these blockages were very common and that he never received any formal training at work. Mr D stated that he had previously been told to clear any blockages on the shaker deck without turning the machinery off and that it was common practice for all members of staff to do this.
James undertook initial investigations, gathering evidence (including from emergency services) and witness statements from workers who used to work at the centre. The claim was then put to the employer’s insurers. The insurers denied liability, alleging that Mr D should not have cleared the blockage and that he had not been told to do so. This was disputed by Mr D and several other previous employees. Despite this denial, the insurers did not initially provide any documentation and James had to apply to the Court to force this to be provided.
Medical Investigation
In the meantime, due to Mr D’s significant injuries, expert medical evidence was obtained.
Expert evidence from a consultant orthopaedic spinal surgeon showed that Mr D has suffered significant soft tissue damage to his spine, as well as the fractures. Treatment was recommended, but Mr D continued to suffer with spinal pain. A report addressing Mr D’s chest injuries was obtained from an expert thoracic surgeon.
Evidence was also sought from both an expert neurologist and an expert neuropsychologist, which suggested that Mr D had probably suffered from a brain injury. Input from a specialist barrister was also obtained in order to assess this evidence.
Issue of Proceedings and Settlement
Due to the continued denial, it was necessary to issue proceedings with the Court. Matters were complicated slightly as the employers went into liquidation, but James was able to issue directly against the insurers under the Third Parties (Rights Against Insurers) Act 2010.
Further evidence as to Mr D’s financial losses was obtained, which allowed James to prepare a Schedule of Loss and look to value the claim. This, together with the medical reports was served on the other side with proceedings.
The insurers continued to dispute fault in this claim and a timetable was ordered by the Court to take this claim towards trial. Although liability continued to be denied, the insurers did make an offer to settle the claim, which, after full consideration, Mr D recently accepted.
Client Feedback
Mr D stated “From start to finish, [James has] always been approachable, patient, and incredibly supportive. No matter how many questions I had or how often I got in touch, [he] always took the time to explain things clearly and put my mind at ease, which made a huge difference during what has been a long and difficult process. I’m genuinely grateful for the outcome you achieved… That level of professionalism and integrity hasn’t gone unnoticed and means more to me than I can properly put into words… I wouldn’t hesitate to recommend [Trethowans] to others, and I’ll always be thankful for [their] support.”
James added “Mr D suffered significant injuries following this accident at work. He has had to fight for justice and compensation over the last 4 years. I am so pleased that he has now been vindicated by this settlement, which will hopefully allow him to be able to put the incident behind him.”
