Mark Hambling, Partner, Law Society Accredited Personal Injury Lawyer and Association of Personal Injury Lawyers Senior Litigator, has recently concluded an interesting case which saw the Claimant make an interesting and enforced career change.
The Claimant worked as a scaffolder and suffered a significant head injury when struck by a falling metal scaffold sleeve. The facts, in the absence of the serious injury, could form the basis of a comedy sketch. The Claimant’s colleague was Polish and had a tendency to swear on site for no apparent reason, usually in Polish and therefore his language was generally ignored. However on the day in question he dropped a metal scaffold sleeve and rather than shouting "look out" he swore and was unfortunately ignored. Tragically the sleeve struck the Claimant on the head causing a fractured skull, soft tissue injuries to the spine and neurological symptoms such as problems with memory and learning.
The Claimant required surgery to elevate his depressed skull fracture and was in hospital remarkably for only 7 days before his discharge to be monitored by out patients.
The insurers of the scaffolding company admitted liability for the unsafe system of work which was used to raise the scaffold fittings to the construction. Despite the scaffold company entering liquidation during the litigation the claim was pursued against the company, who had relevant insurance, with permission of the Court.
The only issue to determine was the extent of injury caused by the accident, the value of that injury and the losses flowing from the injury. Medical evidence was necessary from a Neurologist, Neurosurgeon, Neuro Psychiatrist, and Plastic Surgeon. It was established that the Claimant had suffered a depressed fracture to the skull which had left a permanent cosmetic appearance. He had also suffered trauma to the brain which would again cause minor permanent problems with memory and learning as well as interaction. His soft tissue injuries to the spine which were caused by the compressive force of the metal sleeve healed over a two year period. However psychologically it was established that he could never work in construction again and would have to consider a change of career.
The Claimant had some pre accident experience as a hairdresser having trained with Nicky Clarke, although he had given this up to train as a scaffolder and earn a higher salary. The Claimant therefore returned to the hairdressing trade once he was fit to work. He was however starting from scratch again and despite efforts in some top London and regional salons and a summer of experience working on fashion shoots and parades in Ibiza he was struggling to hold down a position and had lost several positions.
Our involvement was to present a proveable argument comparing his potential earnings as a hairdresser and scaffolder, analysing when the two would, if ever, reach parity. After numerous statements from past and present employers and a detailed review of the hairdressing opportunities as well as considering how the Claimant would have faired but for the accident as a scaffolder in one of the worst recessions ever, the claim settled at a round table meeting with the Defendants at a figure substantially ahead of £200,000.
COMMENT
This case raised all the issues I could expect. Whilst liability was resolved in the Claimant’s favour a detailed knowledge of the Health & Safety at Work legislation was required to prove this. The case had the added complication of an insolvent Defendant which required a successful application to the Court to allow the case to proceed.
In relation to the injuries a thorough understanding of the medical case was needed to enable the right experts to be selected from our panel of the best available. What was then required was the time and experience to investigate the pre and post accident work options to present a case on value to support the past and future loss of earning as well as providing for the future risks, in particular the inability to return to scaffolding if he never achieves parity of earnings as a hairdresser.
The case highlights the need to use an experienced Personal Injury Lawyer to pursue your claim if you unfortunately suffer an injury. There are a variety of potential claims within each case which will require consideration and the lawyer instructed must investigate these thoroughly to ensure the Claimant achieves the right level of compensation.
If you wish to discuss this article or have a potential case that you wish to discuss please contact us on our enquiry form on our website at http://www.rogers-norton.co.uk/make-a-claim.htm we would be delighted to speak to you.
The Claimant worked as a scaffolder and suffered a significant head injury when struck by a falling metal scaffold sleeve. The facts, in the absence of the serious injury, could form the basis of a comedy sketch. The Claimant’s colleague was Polish and had a tendency to swear on site for no apparent reason, usually in Polish and therefore his language was generally ignored. However on the day in question he dropped a metal scaffold sleeve and rather than shouting "look out" he swore and was unfortunately ignored. Tragically the sleeve struck the Claimant on the head causing a fractured skull, soft tissue injuries to the spine and neurological symptoms such as problems with memory and learning.
The Claimant required surgery to elevate his depressed skull fracture and was in hospital remarkably for only 7 days before his discharge to be monitored by out patients.
The insurers of the scaffolding company admitted liability for the unsafe system of work which was used to raise the scaffold fittings to the construction. Despite the scaffold company entering liquidation during the litigation the claim was pursued against the company, who had relevant insurance, with permission of the Court.
The only issue to determine was the extent of injury caused by the accident, the value of that injury and the losses flowing from the injury. Medical evidence was necessary from a Neurologist, Neurosurgeon, Neuro Psychiatrist, and Plastic Surgeon. It was established that the Claimant had suffered a depressed fracture to the skull which had left a permanent cosmetic appearance. He had also suffered trauma to the brain which would again cause minor permanent problems with memory and learning as well as interaction. His soft tissue injuries to the spine which were caused by the compressive force of the metal sleeve healed over a two year period. However psychologically it was established that he could never work in construction again and would have to consider a change of career.
The Claimant had some pre accident experience as a hairdresser having trained with Nicky Clarke, although he had given this up to train as a scaffolder and earn a higher salary. The Claimant therefore returned to the hairdressing trade once he was fit to work. He was however starting from scratch again and despite efforts in some top London and regional salons and a summer of experience working on fashion shoots and parades in Ibiza he was struggling to hold down a position and had lost several positions.
Our involvement was to present a proveable argument comparing his potential earnings as a hairdresser and scaffolder, analysing when the two would, if ever, reach parity. After numerous statements from past and present employers and a detailed review of the hairdressing opportunities as well as considering how the Claimant would have faired but for the accident as a scaffolder in one of the worst recessions ever, the claim settled at a round table meeting with the Defendants at a figure substantially ahead of £200,000.
COMMENT
This case raised all the issues I could expect. Whilst liability was resolved in the Claimant’s favour a detailed knowledge of the Health & Safety at Work legislation was required to prove this. The case had the added complication of an insolvent Defendant which required a successful application to the Court to allow the case to proceed.
In relation to the injuries a thorough understanding of the medical case was needed to enable the right experts to be selected from our panel of the best available. What was then required was the time and experience to investigate the pre and post accident work options to present a case on value to support the past and future loss of earning as well as providing for the future risks, in particular the inability to return to scaffolding if he never achieves parity of earnings as a hairdresser.
The case highlights the need to use an experienced Personal Injury Lawyer to pursue your claim if you unfortunately suffer an injury. There are a variety of potential claims within each case which will require consideration and the lawyer instructed must investigate these thoroughly to ensure the Claimant achieves the right level of compensation.
If you wish to discuss this article or have a potential case that you wish to discuss please contact us on our enquiry form on our website at http://www.rogers-norton.co.uk/make-a-claim.htm we would be delighted to speak to you.
Alternatively, for further information please contact the Personal Injury Department at pi@rogers-norton.co.uk or Mark Hambling on 01603 675637 or email mbh@rogers-norton.co.uk.
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