At Optimal Solicitors, our personal injury experts always strive to achieve the maximum compensation for clients in the most efficient way possible. However, when a fair settlement can’t be reached with the defendant, we must draw on our legal expertise and dedication to take the case to trial and fight for justice.
In this case, our personal injury solicitor, Walter Coupe, successfully settled an employers’ liability claim on behalf of an HGV driver who suffered an injury after falling from his trailer due to a broken handlebar. Amidst multiple employer disputes, Walter ensured the case was taken to court and won it in full, securing £4,187 in compensation.
Here’s how Walter put his litigation expertise into action to achieve the optimal outcome for our client.
HGV accident: what happened?
While working as an HGV driver for a major company, our client hoisted himself up to access his trailer when one of the handles broke, causing him to fall back to the ground. As a result, he sustained a back injury, and his mobile phone was also damaged in the fall.
Recognising the impact of the injury on his work and daily life, our client approached Optimal Solicitors, seeking help to claim compensation from his employer. Given the clear failure of workplace safety, Walter acted quickly, gathering initial evidence and formally submitting a letter of claim to the employer. While waiting for the employer to respond, we continued to engage our client and investigate the circumstances around the accident.
Despite clear evidence of negligence, the employer rejected liability, forcing our legal team to prepare the case for trial. So, wasting no time, Walter gathered his case evaluations before reassuring our client that we had a strong case and would confidently take it to trial on his behalf.
Let’s take a closer look at the basics around employers’ liability claims to give you a greater understanding before we unpack the case.
Understanding employers’ liability claims
Under UK law, employers have a legal duty to maintain a safe working environment for their employees. If they fail to do so, and an employee suffers an injury as a result, the employee has the right to claim compensation. To succeed in an employers’ liability claim, the following must be proven:
- Negligence – The employer (or their staff) failed to take reasonable safety measures to prevent the accident.
- Causation – The employee’s injury was directly caused by the employer’s negligence to provide a safe working environment.
- Damages – Compensation is sought for medical expenses, lost wages, pain, suffering, and any future financial losses
Most employers carry liability insurance to cover such claims, but some will still dispute them, making legal intervention necessary. This case highlights how difficult some employers can be when faced with a valid claim, and how having expert legal representation can make all the difference.
Taking the Case to Court: Employer Disputes & Legal Arguments
Harnessing his legal expertise, Walter ensured the claim made it to trial. The employer disputed the claim on the following grounds:
- The broken trailer handle wasn’t technically a handle
- Our client had received training which could have prevented the accident
Our client, Walter, and the judge were confused by the employer’s stance on the broken handle. The first argument was unconvincing, as the broken handle was an integral part of accessing the trailer. There was also no proof that our client received adequate training that could have prevented the accident.
The employer’s attempts to avoid responsibility demonstrate the tactics often used to discredit workplace injury claims. Without strong legal representation, many employees might feel pressured into accepting an unfair outcome. However, Optimal Solicitors ensured our client was fully supported throughout the dispute, preparing a robust case for trial.
Achieving justice at court
When Optimal Solicitors take cases to trial, we are always confident of a positive outcome, never afraid to litigate against even the toughest of pushbacks, and will always reassure our clients about the strength of their position throughout the claim.
With our client’s permission and complete cooperation, we were able to win the case in full at court and achieve compensation of £4,187. This consisted of:
- £3,810 for the back injury
- £377 for the phone damage
Walter ensured our client was regularly updated throughout the case and facilitated translation into his native Polish language. This ensured our client understood documentation, witness evidence, and other communications.
Overcoming employer disputes for Optimal outcomes
Walter has passed on some vital advice should you ever get injured through an accident at work that wasn’t your fault: “Evidence is vital for winning cases, so be sure to take photos and videos where possible in order to support your claim.”
You can trust our personal injury solicitors to take it from there. We’ll approach your claim with the dedication and expertise it needs to help you win your case and get back to focusing on the future – even that means progressing it to court on your behalf.
If you have suffered a workplace injury that wasn’t your fault Contact Optimal Solicitors today to find out how we can help you secure the compensation you deserve.
