Trethowans achieves major settlement in long-running workplace injury case
James Braund, partner specialising in personal injury law with Trethowans LLP, in their Dorset Offices in Bournemouth and Poole, has recently settled a major and long-standing accident at work claim.
The Incident
Mr G was undertaking work experience in a mechanical / agricultural setting whilst he was a minor. During this placement an incident took place when a digger, being driven by Mr G, lost control and flipped down a bank, pinning Mr G below it. Mr G remained trapped below the digger for over an hour until he was noticed by some passers-by. The fire brigade, police, ambulance and air ambulance attended the scene and Mr G was taken to a local Major Trauma Centre.
Mr G suffered extensive damage to the bone, tissue, nerve and blood supply to his left leg, injuries to both hands, contusions to his lungs, a pneumothorax and extensive multiple injuries to the rest of his body.
Mr G underwent 7 surgeries, including fixation of leg fractures, wound debridement and skin grafting, before he was eventually discharged for outpatient rehabilitation and review.
Mr G also experienced psychological (including being diagnosed with PTSD) and cognitive symptoms.
The Claim
As Mr G was under 18 at the time of the incident, Mr G’s father initially instructed James, in around September 2021, before Mr G subsequently took over dealing with James when he turned 18 years old.
James undertook initial investigations, gathering evidence (including from emergency services) and put the claim to the company where Mr G had been undertaking work experience. The company denied liability, alleging that Mr G had taken the digger without permission. This was disputed by Mr G and James set about gathering evidence in support, including undertaking a site inspection with an expert mechanical engineer to address matters surrounding the location and digger. James also involved a barrister to provide specialist input and advice on a number of key points.
Even though the company denied they were at fault, they did fund early rehabilitation and James liaised with a specialist case manager, so that Mr G could obtain appropriate physiotherapy and psychotherapy.
Health and Safety Executive Investigation
The company were also investigated by the Health and Safety Executive, who brought separate proceedings against them. Following a lengthy investigation and hearing, a Court found the company guilty of various Health and Safety breaches and imposed a fine upon the company.
Further Investigation and Settlement
Medical records were obtained and James obtained expert medical reports from a lower limb surgeon, a spinal surgeon, a plastic surgeon, a psychiatrist, a neuropsychologist and a capacity expert. Steps were also taken to obtain input from a neurologist.
This evidence allowed James to prepare a Schedule of Loss and look to value the claim. This, together with the medical reports were served on the other side. Following which it was agreed that both parties and their legal representatives would attend a Joint Settlement Meeting. At this meeting a significant 6 figure settlement was agreed in Mr G’s favour.
Client Feedback
Mr G stated “thank you for all [James has] done for me over the last few years and constantly reminding and making things easier for me to understand and all the hard work [he has] put into my case. I can’t thank [him] enough.”
James added “Mr G suffered life changing injuries over 4 years ago during a horrendous incident. He has worked so hard to not let his injuries hold him back and get on with his life, including recently looking to start an electrician course. He has been a model client. Whilst this settlement will not change what has happened to him, hopefully it will help Mr G be able to move on with his life, following the incident.”
