Employers have a duty of care to provide a safe and secure work environment. So, if you’ve been injured at work, you could be entitled to compensation. This isn’t just your right – it’s essential in order to help you cover any previous, current, and future costs that could get in the way of getting back to work and moving forward.
Our experienced litigator Gabriella Madden has dedicated her legal career to helping everyday people get the justice they deserve. And that’s exactly what she did on the very first case she picked up after joining Optimal Solicitors in February 2025.
Discover how Gabriella used her expertise to support our client and accelerate his case to a successful outcome, achieving £43,000 for a knee injury sustained in the workplace.
Workplace injury: What happened?
While working at a building distribution company, our client was attempting to move roof trusses from a forklift truck onto a trailer. As he stepped onto the trailer bed, he slipped due to a lack of grip on the surface and fell into a gap on the trailer bed floor. Although he didn’t know it at the time, this led to a permanent knee injury, as well as other significant injuries to his body:
- Anterior cruciate ligament injury with meniscal tears
- Fractured ribs
The subsequent meniscal repair surgery left our client with scarring, and while the injury was predominately resolved with some residual pain remaining, and ahe was placed at permanent future risk of osteoarthritis.
In the immediate time after his injury, our client received minimal help and support from his employer. So, after receiving initial hospital treatment for his injuries, he contacted Optimal Solicitors for legal advice and support to help him navigate a path forward.
Key requirements for a successful workplace injury claim
Under UK health and safety law, 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.
Accelerating a strong case
Employer liability was admitted shortly after the first letter of claim was submitted, but the fight for compensation was far from over. Due to the permanent nature of the injury, it took a considerable amount of time to receive full and accurate medical evidence, including related expenses, that would indicate what a fair amount of compensation would be.
At Optimal, it’s not just about winning compensation for our clients – we’re dedicated to achieving the maximum amount possible so that they can move on with their life without having to pay out of their own pocket to do so. Close to the end of the limitation period – the three-year window for bringing a legal claim – the case was handed over to Gabriella, who wasted no time in ensuring all losses were included in the claim, such as earnings, travel expenses, and medical expenses.
Our client was highly meticulous and had retained records and receipts for every related expense since the accident. Prior to Gabriella taking on the claim, our client had also paid for some of his own medical procedures – some of which he received in Poland. This proactive approach from our client helped Gabriella create an exhaustive schedule of loss. She demonstrated acute attention to detail to ensure all expenses were accounted for and cross-referenced with the extensive timeline of events since the accident.
The final outstanding medical evidence was received just two weeks after Gabriella took over conduct of the case. And thanks to her efficient work in preparing all losses, she was able to issue proceedings immediately after.
Supporting our client all the way
Our client was understandably uneasy with how long the claim was taking given the fact that liability was admitted early on. However, for such a significant injury, comprehensive medical evidence takes considerable time to gather and finalise. It must take into account future losses, risks, procedures, and rehabilitation to support our client throughout his life. Gabriella addressed this clearly and calmly with him, empathising while bringing absolute transparency to the situation to help him see the bigger picture.
As our client’s first language was Polish, Gabriella arranged for key documentation to be fully and accurately translated. Live translators were also used to help assist verbal meetings to ensure communication was unhindered and everyone was on the same page.
Achieving the optimal outcome
Following Gabriella’s swift action, our client received an initial offer of £38,000. Given the permanent nature of his injury and future risk of osteoarthritis, this was a low offer. Our client was unhappy with this offer and Gabriella supported this, receiving his permission to continue fighting his case for fair compensation. Gabriella proceeded with multiple direct communications with the employer’s solicitors and, following some determined counter-offering, she was able to increase the offer to £43,000, which our client accepted.
Optimal’s solicitors are always under the instruction of our clients, and we would have been committed to further litigation if this was in the client’s interest. However, he was more than happy with the amount offered, and was also pleased that we were able to settle the case before it progressed to court.
Although the case had settled, the employer’s insurers did not make payment of the damages promptly. Our client was understandably frustrated by the delay, so Gabriella took decisive steps to secure payment by applying sustained pressure to the employer’s solicitors and, when necessary, making an application to the court to ensure the matter was dealt with properly. As a result, the damages were released without further delay and paid to our client.
| “Thank you to the entire Optimal Solicitors team, and especially to Gabriella Madden, for all her work.” – Gabriella’s client |
Gabriella’s key advice for employers’ liability claims
When considering a claim after being injured at work, many people worry about possible fallout with their employer and whether this could affect their job security. However, an employer cannot lawfully dismiss you simply because you have exercised your legal rights, and any attempt to do so may amount to unlawful dismissal. It’s also worth remembering that the process is usually handled by the employer’s insurers and solicitors, rather than your manager or colleagues personally. A claim is about getting the support you need after an injury and ensuring the financial consequences do not fall on you. It isn’t personal – it’s a formal legal and insurance process designed to respond when workplace safety has failed.
What’s more, bringing a claim against your employer can drive positive change. It can highlight what went wrong and encourage better training, safer systems of work, and improved risk management – helping to prevent similar accidents from happening to others in the future.
Injured in the workplace? We can help
Been injured at work and suspect your employer could be partially or fully at fault? Don’t hesitate to reach out to us for honest, clear, and targeted legal advice.
We’ll assess your circumstances with empathy and professionalism. And if we believe you have a case, our personal injury solicitors will fight with determination and passion on your behalf to help you achieve maximum compensation and move on with your life.
Get in touch with our friendly, expert first responders today.
