Penningtons Solicitors LLP has successfully recovered substantial damages for a recovery patrolman who sustained a significant crush injury to his hand following an accident at work.
Our client had been called out to assist a recovery member whose 18ft trailer had a snapped axial and three quad bikes on board. He immediately raised his concerns regarding the suitability of work equipment provided and ability to carry out this recovery. He was advised by his employer that there was no other alternative and that he should proceed to undertake the recovery.
When carrying out the recovery and winching the trailer on the recovery vehicle bed, our client sustained serious injury due to the overweight trailer collapsing and trapping his hand between the collapsed trailer and recovery vehicle bed.
The specialist personal injury team at Penningtons Solicitors LLP investigated and pursued a civil claim against our client’s employer for breaching its duty of care towards him, causing his injuries. As liability was denied at the outset of the claim, we issued court proceedings against the employer defendant.
Liability remained in dispute after court proceedings were commenced but shortly before trial the parties managed to reach a settlement that reflected the seriousness of our client’s injuries and their impact on his daily life.
Philippa Luscombe, partner in the personal injury team at Penningtons who specialises in employers liability cases, said: ''We are delighted to be able to achieve this settlement for our client. It is disappointing that the employer maintained a very robust defence of this case throughout. In our view, the fault for the cause of the accident lay heavily with the employer and we were prepared to go to trial had the defendant not taken a more sensible approach to settlement negotiations. The settlement is important for our client as it will help him deal with the long term impact of his injuries on his ability to work.”