Our client, who is a vulnerable adult with learning difficulties, was at work when a door closed on top of him, causing him to sustain a fractured hip.
At the time of the accident, our client lived independently, though with some additional care and assistance on account of his learning difficulties. He was employed as a warehouse assistant, where he had worked for over 30 years before the incident occurred.
When at work one afternoon, an automatic ceiling to floor security door closed on our client as he walked under it, and he suffered a displaced left sub-trochanteric fracture of his hip, for which he required surgery and screws inserted into the hip. Our client remained in hospital for a number of weeks and then lived with his parents for several months whilst he recovered. He regained his mobility but has been left with a permanent limp, pain and aching.
Though he was deemed by an expert to be capable of returning to work between nine and twelve months post-injury, he was dismissed permanently from his role after the accident. Whilst attempts were made to enable our client to complete some volunteer work and internships (one of which was paid for), his dismissal resulted in a significant loss of earnings claim. As specialist lawyers in this area, we understand the importance of communicating with the client and establishing what is the most important issue in the claim to them. In this case, it was clear from speaking to our client and his family that in their view, as important as the physical injury was, the psychological impact was severe as the accident prevented him continuing in a job that he knew and loved, and deprived him of the routine it provided.
By taking the time to understand our client’s specific circumstances, we were able to negotiate a settlement that suitably compensated him for his physical and psychological injuries, in addition to his loss of earnings. Due to our client’s existing learning difficulties and the fact that he required some care and support irrespective of the accident at work, careful consideration was required to establish how much additional care and assistance he needed because of the accident itself.
Our specialist team, which has significant experience of working with vulnerable people both by reason of accidents and otherwise, was able to navigate the myriad features of this case and come to a settlement that adequately compensated our client for his injuries and losses (as far as possible following the accident).
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