Six figure sum for worker crushed by truck

On 23 March 2013, our client was preparing to unload a delivery truck at work. He noticed that the truck was not properly positioned in its bay and asked the driver to move it into the correct position.

Our client did not know that the lorry was stuck in a pothole. When the vehicle came out of the pothole, it overshot the bay and crushed his head against a wall.

He suffered significant injuries, including skull base fractures, damage to nerves affecting both eyes, bleeding inside the skull and an extradural haematoma, a blood clot between the skull and the outer covering of the brain.

Our client was rushed to hospital following the accident. He underwent an emergency procedure to remove the blood clot from his brain. The procedure was potentially life-saving.

He survived, but his injuries had a significant impact. In the immediate aftermath of the accident, he was unable to eat, speak or walk. He later underwent further surgery to his nerves and ear.

Our client also reported severe migraines following the accident, which doctors expected to continue for the rest of his life.

Serious brain injuries can have consequences beyond the initial emergency treatment. To understand our client’s injuries and their effects, our specialists drew on evidence from several medical disciplines.

Experts involved in the case included an ENT surgeon, neurologist, ophthalmic surgeon, consultant clinical psychologist and neuropsychiatrist. This evidence helped build a detailed picture of our client’s condition and the effects of the accident.

The effects of the accident were also felt by those closest to our client. His mother feared that he might not survive his injuries.

Speaking about the period after his operation, she said:

“After the operation was completed, I went home and broke down, I was so relieved that he had got through it.”

“The brain injury has really changed him as a person, he struggles with headaches, depression and mood swings, which I am told will continue for some time to come.”

Her account shows how the consequences of a serious workplace accident can extend beyond the injured person themselves.

An important part of the claim was establishing responsibility for what had happened.

Our client’s employer pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974 and received significant fines.

Our specialists then pursued our client’s personal injury claim, using the evidence surrounding the accident alongside specialist medical evidence to support his case.

The claim concluded with a six-figure settlement for our client.

The solicitor who led the case explained why the outcome was important:

“This accident should never have happened. [Our client] will have to spend the rest of his life managing the long-term health effects of his accident, especially the brain injury.”

“He has already endured several operations and will need physical therapy for some time to come, it’s important that he was appropriately compensated so that he could obtain the professional support he needs.”

The settlement recognised the serious and lasting impact of the accident and was intended to help our client access the professional support he needed while managing its long-term effects.