Construction site accident with a six figure settlement

The client had only been working for the defendant for a short period of time as a general labourer. On the day of the accident, he was mixing cement and emptying a wheelbarrow when he was struck from behind by a JCB being driven by another employee.

He was taken to Basildon Hospital where he was admitted for treatment. X-rays revealed a crushed vertebra and fractures in his lower spine. A subsequent MRI scan confirmed a disc prolapse and musculo-ligamentous injury to the thoracic spine. Following the accident, he was unable to mobilise without crutches and experienced little improvement despite NHS physiotherapy and steroid injections.

As a result of ongoing pain, the client developed chronic post-traumatic pain in the form of a whiplash-associated disorder. Emma Dryden instructed a case manager to support the client’s recovery and arrange additional private rehabilitation. A referral was also made for psychological treatment to help with symptoms of low mood, anxiety and depression.

The client was unable to return to work following his injuries and his employment was terminated on the grounds of ill health. At the time of the accident, he was also a part-time firefighter and had hoped to pursue a full-time career in the Fire Service. Due to his ongoing restrictions, this was no longer possible.

The client was considered disadvantaged on the open labour market because of his symptoms and faced significant barriers to securing future employment. The team obtained funding from the defendant’s insurer for vocational support and assistance with job searching. The insurer also funded training courses to help the client retrain and gain qualifications that could support future employment opportunities.

Following the defendant’s investigations, primary liability was admitted. However, it was alleged that the client was partly responsible for the incident through contributory negligence. The insurer argued that he was 25% at fault and offered to settle the claim on a 75:25 basis in the client’s favour. This offer was rejected.

Court proceedings were subsequently issued. The insurer maintained its position that the client should be held partly responsible for his injuries and served a formal defence. While liability remained disputed, the team secured interim payments to provide financial support after the client lost his income.

The team obtained expert evidence in orthopaedic and spinal surgery, psychiatry and chronic pain management. Counsel was also instructed to advise on the claim.

Emma Dryden successfully negotiated a six-figure settlement, which included compensation for the client’s lost Fire Service pension.

The client had been understandably upset by allegations that he was partly to blame for the accident. Securing settlement meant he could avoid the additional stress of continuing legal proceedings and attending trial.

If you’ve been injured in an accident that wasn’t your fault, our serious injury specialists can help you access the support, rehabilitation and compensation you may need to move forward. Contact Fletchers for a free, no-obligation conversation about your circumstances.