At Optimal Solicitors, we know how life-changing a workplace accident can be. Our personal injury solicitor, Hemant Kumar, recently settled an employers’ liability claim on behalf of an injured employee who tripped in the workplace. As a result of the accident, our client sustained multiple debilitating injuries and came to Optimal Solicitors for legal advice and support in making a personal injury claim.
Showcasing his acute attention to detail, legal expertise, and steadfast resolve, Hemant overcame multiple disputes to help the client achieve £40,000 in compensation. Here’s how Optimal Solicitors helped an injured worker receive the justice and financial support they needed after a workplace accident.
Workplace injury: What happened?
Our client suffered serious physical and psychological injuries at work after tripping over a metal bar left in a hazardous position on the workplace floor. This dangerous workplace condition led to a severe fall, causing:
- Fracture and dislocation at the right elbow
- Soft tissue injury at the pelvis
- Psychological trauma
The injured employee was immediately taken to A&E and received urgent medical treatment. However, the impact of the accident did not end there. On returning home, our client required ongoing care and assistance from his wife to complete regular daily tasks. Additionally, the injury prevented him from working, leading to the loss of earnings and further financial strain.
Hemant recognised the severity of the incident and began gathering all relevant evidence and accident details before submitting the first letter of claim.
Before we break down the next stages of the case, let’s explain the basics around employers’ liability claims and what employees should know about their rights.
Key requirements for a successful workplace injury claim
Under UK health and safety law [1], employers have a legal duty to provide a safe and secure work environment. If they fail to do so, and an employee suffers an injury as a result, the injured worker has the right to pursue a compensation claim. To succeed in an employers’ liability claim and obtain compensation, the following must be proven:
- Negligence – The employer (or their staff) failed to take reasonable safety measures
- Causation – The injury was a direct result of unsafe working conditions
- Damages – Compensation is sought for medical expenses, lost wages, pain, suffering, and future financial losses
Did you know? Most businesses carry employers’ liability insurance to cover workplace injury claims, but some will still attempt to dispute their responsibility – making strong legal representation essential.
Managing medical complexities
Following the first letter of claim, Hemant was informed by the employer’s insurers that they had ongoing investigations. But he wasted no time in building the strongest case possible for our client to help achieve maximum compensation. He took a proactive approach, gathering medical evidence to ensure the case was trial-ready if needed.
After reviewing our client’s medical records, a medical examination from an orthopaedic surgeon was necessary to ascertain the full extent of the injuries. They assessed the severity of the elbow fracture and dislocation, and the extent of the pelvic injuries and lasting psychological trauma. Following this, a radiograph of the right elbow and pelvis was recommended, after which two further medical reports were completed.
Why does this matter?
- Detailed medical evidence strengthens workplace accident claims
- Independent reports provide clear proof of injury severity
- Employers cannot easily dispute medical findings
From our perspective, it’s about ensuring the right level of examination is carried out to determine the true extent and implications of the injuries. This ensures our client is compensated correctly. To avoid credibility issues, Hemant analysed each medical report to ensure they were consistent and accurate with the client’s true experiences.
Supporting our client through disputes
Eventually, the employer’s third-party insurer responded to the claim, disputing liability on two fronts:
- They challenged how the accident occurred, claiming there was no negligence
- They argued that there was no official workplace accident report
Hemant informed our client of the defence’s position and, with his permission, immediately initiated court proceedings – making it clear that we were prepared to litigate if necessary. Hemant was confident in the case he had built should it go to trial, but the defendant stepped in with an offer of 50/50 split liability, implying that both parties were equally liable. Our client rejected this, instructing us to continue with proceedings. The defendant then made a full offer of £30,000.
With such high-value offers at stake, it’s important that we advise our clients of what is a fair and reasonable amount of compensation based on the case that has been built, while also ensuring that the client has full autonomy to either accept or decline the offer. Our client decided he wanted to decline and push for an increased offer, which Hemant facilitated on his behalf. Through strategic negotiations, Hemant secured a final settlement of £40,000, which our client happily accepted.
Key lessons: Reporting workplace accident matters
Leveraging all his experience and legal expertise, Hemant built a strong case on behalf of our client to secure a full settlement without going to trial – despite court proceedings being issued. As a Romanian speaker, our client was also supported by Optimal’s translators throughout the case, ensuring swift and complete understanding of all communications and documentation.
Although Hemant successfully secured £40,000 for the injured employee, this case highlights an important lesson for all workers: always report workplace accidents immediately.
Employers often deny liability if an accident is not officially recorded. Keeping written evidence such as:
✔ Emails or messages reporting the accident
✔ Photographs of the hazard
✔ Witness statements
…can make a huge difference in the success of a claim.
Been injured at work? Contact us
Accidents at work can result in pain, financial strain, and uncertainty about the future, leaving employees worse off despite not being at fault. That’s where Optimal Solicitors can help.
Our dedicated personal injury solicitors will provide expert advice to help simplify a potentially complex legal process – reassuring and supporting you on your path to justice and fair compensation for your accident. Get in touch if you need a friendly legal expert.
