Our dedicated personal injury litigation executive, Rubina Chowdhury, recently helped our client through a complex dispute following an accident at work. Pandemic-related delays and denied liability from the defendant stretched this workplace injury claim over three and a half years, after which our client was awarded £5,500 in compensation.
We went into this claim highly confident of a positive outcome, taking every step to ensure a strong case throughout. That being said, defendant push-backs and external delays can not only drag cases out, but also create added stress and uncertainty for a client already going up against a current or previous employer. It was vital that we reassured our client with both empathy and commitment throughout her case.
Here we unpack the case in more detail.
Injured via workplace equipment
In March 2022, our client was involved in an accident at work while pushing a trolley towards a lift. As she attempted to turn the trolley, one of the wheels became blocked, causing her to push harder and place significant weight on her justify leg, resulting in pain in her left foot. This left our client with an injury sustained at work which was no fault of her own.
Seeking justice for the injury she sustained through no fault of her own, our client turned to Optimal Solicitors for trusted legal representation. Confident in the merits of her case, we immediately began preparing her claim. Despite this, the defendant firmly denied liability on several grounds:
- They argued that the trolley was likely overloaded by the client, making it difficult to manoeuvre
- They highlighted that no similar accidents or complaints had been reported at the location
- They pointed out that the client had received suitable training and that the trolleys were checked every three months, with stickers attached as proof of inspection
This meant that our client would have to fight further for compensation against her employer and their insurance company. This is a difficult scenario for any current or former employee to go through and requires the utmost empathy, support, and reassurance throughout the process.
What constitutes an employer’s liability compensation claim?
First, let’s take a closer look at the basics around employer’s liability claims to give you a greater understanding before we unpack the case.
Employers have a legal duty of care to their employees, which includes maintaining a safe working environment and taking reasonable steps to prevent accidents and injuries in the workplace. Should injury or illness be sustained as a result of negligence in these areas, the victim – a current or former employee – can make a workplace accident compensation claim. This breaks down into the following key aspects:
- Negligence – prove that the employer was negligent
- Causation – show that this directly caused the victim’s injury or illness
- Damages – compensation for medical expenses, lost wages, pain, and loss of future earnings
- Defences – These could include claiming that the injury was caused by the employee or that preventative precautions were taken
Many employers carry employers’ liability insurance to compensate employees who fall victim to such incidents. But when unable to resolve the issue internally, employees can seek legal assistance for advice, expertise, and representation to achieve compensation. In this case, that’s exactly what our client did.
Compensation for an Accident At Work claim
Despite the defendant denying liability with grounds for defence, we were absolutely confident of a positive outcome for our client and actioned all the necessary steps to achieve this. This included gathering all available evidence such as health and safety report forms and medical evidence. However, with medical organisations still suffering from COVID-related backlogs, we experienced more delays than would be typical of these cases.
What’s more, because the employer disputed liability, we issued court proceedings – leading to further COVID-related delays. In the meantime, we gathered detailed witness statements of the circumstances before, during, and after the accident. A thorough approach here is a key element of any claim, along with constant case reviews to ensure consistency around every impacting detail was retained throughout.
Solicitors where language is no barrier
Approaching organisations for compensation can be a daunting and stressful experience – not to mention the pain and suffering already potentially experienced as a result of an accident at work. This is where expert legal representation, delivered with empathy and support, becomes key for claimants – and that’s exactly what our client found at Optimal Solicitors.
Our client spoke minimal English, with Polish as her first language. At Optimal Solicitors we pride ourselves on our translation services, working to the belief that language shouldn’t get in the way of the quality, speed, and execution of the legal support provided. So, we ensured all letters and documentation were translated by default. We also provided verbal translation to ensure our client was guided and supported at every stage of the case’s development, reassuring her throughout.
This became particularly essential during the latter stages of the claim, when the defendant accused our client of lying about injuries and details around the accident. Naturally, this left our client feeling deflated and overwhelmed. Rubina and the team recognised this, and not only demonstrated support through empathy, but through dedication to fight for her case and reassurance that her legal position was a strong one.
Gaining justice
As the case reached the witness stage, we submitted our detailed statements within the 28-day period required. However, the defendant’s solicitor didn’t meet this deadline, and instead of requesting an extension they made an offer to settle the case for £5,500, which our client accepted.
This case showcases our ability to navigate complex liability disputes and secure positive results for our clients. Persistence and reassurance were key throughout as Rubina, the wider team, and our client faced external delays and defendant accusations. While the witness statements proved a pivotal feature of this workplace accident case, our attention to detail and consistent correlation with all original and emerging case details was key.
Our advice to others who have suffered an accident at work? Document everything, take photos, seek medical care, keep records of related expenses, and be honest. Rubina and our committed team of personal injury claim specialists will do the rest. We were delighted to learn that our client left a glowing online review for our services, explaining that she felt listened to and supported by professionals who fought for her all the way.
Optimal Solicitors are here for you in times of need
If you have suffered an accident at work that wasn’t your fault, then we can help. Our dedicated personal injury solicitors will provide expert advice and reassurance around your circumstances, help you gather all the necessary information and, if needed, progress your case to court on your behalf.
Don’t hesitate to get in touch and find a path forward.
