Compensation secured for employee mechanic following serious head injury

Posted: 21/10/2013

Penningtons Manches LLP’s personal injury team has successfully recovered substantial damages for an employee mechanic who sustained a serious head injury following an accident at work.

The mechanic had been asked by his employer to help move heavy metal hydraulic work equipment to new garage premises. He was not given any instructions, personal protective equipment or any other adequate information in relation to this task.

Large pieces of equipment used within the employer’s garage were dismantled and transferred unsecured onto the back of a trailer by using a forklift truck as a makeshift vehicle which was then to be driven to the new premises.

In the course of moving one of these pieces of equipment, an unsecured hydraulic arm swung down and hit the employee heavily on the back of his head. He was immediately knocked unconscious and subsequently had two seizures while on the ground.

An ambulance was called and he was immediately transferred to hospital where he continued to suffer from further seizures. He sustained a head injury, concussion with vestibular impairment and resulting mobility/balance difficulties. He also reported neurological difficulties and had his driving licence revoked for 12 months.

Penningtons Manches’ specialist personal injury team investigated and pursued a civil claim against the mechanic’s employer for breaching its duty of care towards him, causing his injuries.

Liability was formally admitted, subject to causation, shortly after the claim commenced. A co-operative approach was taken by the defendant’s representatives. Expert evidence in the fields of neurology and neuropsychology was obtained.

Following receipt of the expert evidence and further investigations, the settlement negotiations resulted in the parties managing to reach a settlement that reflected the seriousness of the injuries and their impact on the employee’s daily life.

Philippa Luscombe, partner in the personal injury team at Penningtons Manches, said: ''This is another example of an injury sustained by an employee that was totally avoidable had sensible safety measures been in place and proper equipment and instructions been provided to perform the particular job that was required. The employer and their representatives, however, took a very sensible co-operative approach in this matter and a great result was achieved for our client”.

Return to news headlines