Personal injury litigation executive Rubina Chowdhury is no stranger to employers’ liability cases. Having recently supported another client through a three-year-long claims process, she was confident of a positive outcome when this new claimant contacted Optimal Solicitors.
Despite her confidence, however, the defendant was determined to argue zero liability and even ignored an initial approach for a settlement. Undeterred, Rubina pressed on and eventually helped her client get the compensation they deserved. Here’s how the case played out in full…
Disaster on day one
The client faced a complex situation when he was injured while unloading a truck on his first day of work. Despite not having fully completed his induction, he was asked by a colleague to move several boxes. While doing so, he fell into a gap between the truck and the warehouse floor, sustaining injuries to his thigh, hip and back, as well as suffering persistent nausea.
Knowing that he wasn’t at fault, the client reached out to Optimal Solicitors for help. However, even though the client hadn’t been properly trained and was working in a high-risk environment, the employer’s insurer claimed no liability. They argued that:
- The client shouldn’t have been carrying so many boxes in the first place
- He should have checked with a manager before agreeing to help his colleague
- The gap between the truck and warehouse floor wasn’t a hazard
They even ignored Rubina’s initial invitation for a settlement. As a result, submitting court proceedings was the only logical next step.
Escalating the claim
“Often in cases where an employer has denied liability, the only thing they’ll take seriously is the issuance of court proceedings,” Rubina says. As well as escalating the claim, Rubina also conducted a thorough review of all the evidence and medical findings. She then sent the defendant a three-page letter detailing why they were, in fact, at fault.
Ultimately, she made it clear that the defendant:
- Failed to provide a safe working environment for their employees – namely, they did not conduct regular and thorough risk assessments that should have spotted the hazard in the first place
- Did not provide the client with enough training, PPE or appropriate equipment before allowing him to begin working
- Went against Section 2 of the Health & Safety Act by allowing the claimant to carry too many boxes
- Lacked a sufficient number of supervisors on the warehouse floor
A positive outcome of work accident claim
Faced with an overwhelming amount of evidence presented in Rubina’s letter, the defendant had no choice but to admit liability. In doing so, both parties avoided taking the claim to court, and the matter was settled independently.
Our client was awarded £5,500 in compensation for his injuries. Thankfully no earnings were lost in the process, so these did not need to be recouped, and the injuries were not severe enough to warrant any additional compensation for lifestyle adjustments.
“This result goes to show that even if liability is initially disputed by an employer, it doesn’t signify a bad case – a defendant still has to prove zero liability just the same. The most important thing is standing your ground,” said Rubina.
4 ways to protect yourself at work
This successful outcome was not only due to Rubina’s determined pursuit of justice, but also because the client took the right steps immediately after the accident. He promptly sought medical attention, reported the incident, and documented everything thoroughly.
To any employees looking to protect their rights to workplace safety, remember:
- Always report incidents to the relevant parties when they occur
- Seek medical attention as soon as possible and have your injuries confirmed in writing
- Retain evidence of any out-of-pocket costs incurred – like hospital fees, fuel spent, and carer working hours
- Keep a detailed log of all communications with the potential defendant
Optimal – solicitors that fight for you
No matter the case and no matter the claim, at Optimal we’re willing to go the extra mile to achieve the best outcome possible for our clients. If you’ve suffered a similar accident at work through no fault of your own, we want to hear from you.
We’ll walk you through the claims process step by step and progress your case to court if needed. Get in touch today to start your journey to justice.