Factory Worker Awarded £350,000 After Switching to Express

Pursuing a Personal Injury Claim

George initially pursued a personal injury claim with another firm of solicitors. They decided not to progress his claim due to concerns over liability. Their assessment, supported by CCTV footage, was that George had failed to replace his PPE after it had fallen off, which they believed substantially reduced the likelihood of a successful claim.

Making a Personal Injury Claim with Express

Faced with the prospect of rebuilding his life without compensation, George contacted Express for help.

Timothy Fieldhouse, Senior Associate Solicitor in our Employers’ Liability team, took over the case.

“In terms of liability, I agreed with his previous solicitor that George had contributed to the accident, making it a complex case on the surface. However, for George’s sake, it was vital we examined the evidence more thoroughly and importantly listened to him. We needed to hear his side of the story and fully understand the circumstances surrounding the accident.”

Listening to the Client

He added: “George’s limited English presented a language barrier, which can complicate any personal injury claim. This was likely why his first solicitor did not explore the accident’s circumstances in greater depth. At Express, we are fortunate to have a multilingual team and were able to assign a Spanish-speaking litigation assistant to support the team and assist with translation.

“Speaking with George revealed he had received no formal training for the job he was asked to do. Had he been properly trained, including in health and safety best practice, he would arguably have replaced his PPE after it came off.”

Re-examining the Evidence

He continued: “We reviewed the CCTV footage again. The lack of training aside, it was difficult to argue that George should just have put the helmet and visor back on. However, it was clear to me the PPE provided was not fit for purpose and should never have come off in the first place.”

With a clearer understanding of the circumstances, it was argued that the evidence supported contributory negligence, with responsibility shared between George and his employer. The latter for providing inappropriate PPE and for not providing enough training.

Compensation for an Accident at Work

Negotiations on liability progressed, supported by further evidence from an ophthalmologist (eye specialist) and a care expert, who assessed the long-term impact of George’s injury on his lifestyle and career prospects.

The case was prepared for trial while negotiations continued, fully aware of the risk that the contributory negligence argument might not succeed. The efforts of our team applied pressure on the defendant, resulting in a 60/40 liability split in George’s favour. The case ultimately settled for £350,000.

Timothy said on the conclusion of the claim:

“This was a really good outcome for George. Had he accepted the position taken by the first solicitor, he would have received no compensation. That would have had a devastating impact and made his life far more difficult than it will be now. Unlike the previous solicitor we felt there were arguments to be had.

“At Express, we often say we take on challenging cases and succeed where others cannot. This case clearly demonstrates that. We had the experience and tenacity to dig deeper and most importantly, we listened to our client. I am incredibly proud of the result and the dedication of the entire team.”

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Have you been in an accident that wasn’t your fault? Express Solicitors can get you the justice and compensation you deserve. We have an expert team with the experience to win even the most complex cases. Start your claim with us today.