Workplace injury from defective machinery results in settlement claim


Posted by James Wood, 24th October 2019
Suffering a workplace injury can have a big impact, often resulting in loss of earnings and affecting your day-to-day life.

For our client April* this meant an unsettling change in career direction at a time when she was juggling work life with bringing up a young family. April suffered an injury to her wrist due to defective machinery she was operating at her place of work, which meant she was no longer able to perform her every day duties and was eventually dismissed from her role on grounds of ill health.

Our expert personal injury lawyer James Wood helped her secure £65,000 in compensation so that she could continue to provide for her family while rehabilitating and exploring alternative career options.

April worked for her employer for over a decade before being forced to leave due to the workplace injury.

“I was a single mum with two kids. Having lost my job through ill health, I didn’t know what I was going to do. It ended my career and caused me a lasting disability. It was an incredibly stressful time for our family,” commented April.

The workplace injury, a tear of a ligament in her wrist, meant that she was unable to return to her work and her employment was terminated on the grounds of ill health.

She contacted Blake Morgan’s Personal Injury team who took up the case with James Wood acting on her behalf.

“I thought I was going to recover but after some months I realised it wasn’t going to happen,” said April. “That left me not knowing what I was going to do with my career.

“The first law firm I approached told me I didn’t have a case so I dismissed that idea for some time. After a while I then made contact with Blake Morgan and Jim met with me to find out more about my circumstances and whether I could pursue a claim. Legally it was a complex case but he gave me honest, straight forward advice and prepared me for what was ahead.”

The injury occurred when April was loading equipment on to a vehicle but the loading system was faulty, causing the locking mechanism to malfunction with sharp stop that jolted her wrists.

The case was disputed through medical causation with opposing arguments as to what caused the injury. The defendant claimed the tear to April’s left wrist occurred due to a degenerative process and that she was susceptible to developing the tear rather than the accident causing the injury.

The claim was settled with April accepting £65,000 and she has been able to find suitable alternative work following an operation.

“I couldn’t be more pleased with the result,” said April. “Not just financially but more for the recognition of what had happened to me and the knowledge that my previous employer will now have to review their equipment and processes to make sure no one else suffers. There are a lot of women who work there and hopefully now they will make some working changes for their benefit.”

Commenting on the process, she said: “Jim was fantastic. He always kept me informed over a long period of time. He couldn’t have been more professional and more understanding. He went into a lot of depth and did a lot of investigating to get the evidence we needed. I would recommend Jim and Blake Morgan 100%.

“I was given really good advice on all my options – but ultimately the decision was down to me and he was very supportive of my decision.”

For clients like April securing financial compensation can help them regain some control of their life during a traumatic and stressful time, helping them to access the best medical care, rehabilitation or simply manage their finances if they are unable to work. If you have suffered a workplace injury and believe you may have a claim, contact our Personal Injury team to see how we can help you.

* Names have been changed in this article to protect client confidentiality.

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