The claimant, a 48-year-old man, received £200,000 for the injuries he sustained to the back, arm and leg during the course of his work in October 2012. He developed chronic pain syndrome and, due to a pre-existing condition, he developed peritonitis for which he underwent surgery.
On 9 October 2012 the man was working as a machine operator and banksman for the defendant employer when he was struck by a piece of work material (sheet pile). The material measured approximately 8m long by 2m to 3m wide and struck the man in the left upper limb, abdomen and left forearm. As a result of the impact he was thrown 6ft into the air and landed approximately 20ft away from where the initial impact occurred.
As a result of the accident the man sustained soft tissue injuries to his back, left arm and leg. Subsequently he developed chronic pain syndrome and experienced low mood and irritability. He also suffered a blunt abdominal trauma which caused an exacerbation of his asymptomatic diverticulitis and subsequently developed into peritonitis.
He was prescribed painkillers and anti-inflammatory medication which he took regularly. Due to the peritonitis he underwent a bowel resection and colostomy which was then reversed and an ileostomy was performed.
He found walking or sitting for long periods of time, sleeping and carrying out domestic chores to be extremely difficult due to his injuries. He used a walking stick as an aid for mobilising and relied on his wife for assistance in performing personal care tasks and domestic chores. After the accident he was unable to return to his job.
The man instructed a specialist personal injury solicitor to pursue a claim for compensation. It was alleged that under the Provision and Use of Work Equipment Regulations 1998 the defendant used a machine which was not suitable and sufficient for its purpose.
Liability was admitted and an out of Court settlement was agreed in the sum of £200,000. At the date of settlement he continued to take painkillers and anti-inflammatory medication regularly. His soft tissue injuries were expected to resolve within 12 months. However, the onset of chronic pain syndrome caused him to experience ongoing difficulties and symptoms and so it was recommended that he receive neurological input. He was also advised to seek examination by an expert in relation to his psychological symptoms.
Johnathan Steventon-Kiy, specialist personal injury lawyer, says:
“Claims where a Claimant sustains injuries but has a previous medical condition and sustains serious injuries are very complex as seen above. It is important that an experienced specialist solicitor assists the Claimant to ensure that the correct amount of compensation is received. The specialist solicitors in Biscoes Personal Injury team have many years of experience pursuing these sorts of cases where complex issues regarding pre-existing conditions have arisen.”
Contact our specialist personal injury, medical negligence and industrial disease solicitors on 0800 413 463 or visit www.biscoes-law.co.uk for more information. You can also follow us on twitter using the handle @biscoesmedneg