Arriva Bus Driver Wins Compensation After Nearly Losing Foot Due to Work Footwear

Hospital Visit and Surgery

Andrew’s foot progressively worsened, and he began to feel unwell. What started as a simple blister turned into a plantar ulcer. “The infection had gone underneath my foot, and I was rushed to the hospital.”

“I knew it was quite bad, but the treatment calmed it down, unfortunately, I was left with a great big hole on the side of my foot.”

“I spent two months off work, but soon after, I was rushed back to the hospital. The hole had made another hole. So, I had two holes on the side of my foot, and it was getting quite serious.”

Unable to wear regular shoes and in pain, he relied on his wife to change his dressings and care for him. A further X-ray revealed he had osteomyelitis, a severe bone infection.

“I said to the doctor, give me the worst-case scenario. He said you’re going to lose your foot or your leg. I had two big ulcers now and the bones had become quite brittle, and you could see them sticking out. I really was expecting to lose my foot.”

Andrew underwent an operation to save his foot. Despite losing his small toe, the operation was a success.

Impact of the Injury at Work

Andrew took four months off work to recover. “I didn’t have any money coming in apart from statutory sick pay. But I was determined to get back.”

His determination paid off and he returned to his previous role. However, the injury had a significant impact, not only financially but on his day-to-day life.

“It’s the simple things, like walking the dog, that have become a real struggle now. I have to drive to a park or a more suitable place because I can’t walk far.”

“I also now find it difficult to play the drums – not so much with my hands, but with my right foot and hitting the pedal. It aches too much. I’ve now given my drum kit away to my nephew for him to enjoy.”

In terms of work life, his foot still causes him pain. “I now have regular breaks to make sure I get out of the vehicle, whether it’s my car or a bus, just to give my legs a stretch and get some movement in my foot.”

Long-term, he fears he won’t be able to do the job up until retirement due to its physical demands.

Making a Claim with Express Solicitors

It wasn’t Andrew’s intention to make a personal injury claim, but nearly two years later after speaking with colleagues, he decided to take action.

“My friends at work were the ones who convinced me, and you know what? It’s got to be done because they were in the wrong (his employer), not me. I just wanted to do the right thing. No matter what happens, if you’re wronged, somebody should pay for it.

“There was no hesitation once I decided. I knew I had to do something.”

After seeing an advert, Andrew got in touch with Express. “I was told that I could still make a claim. They listened to what I had been through, believed in me and agreed to take my case on.

“They’ve been brilliant throughout. I can’t fault them. The questions I had were always answered professionally.”

Compensation and Recovery

The Express Employers’ Liability team, led by Damian Bradley, represented Andrew in his claim against his former employer.

Arriva denied any wrongdoing throughout the case, suggesting that the connection between Andrew’s issue with his footwear and subsequent foot injury wasn’t strong enough to link the two.

This was refuted with expert medical evidence and witness statements, as well as the lack of a risk assessment.

Pressure was applied to the defendant, resulting in two settlement offers just before the case was set to go to court. Andrew accepted the second offer of over £50,000 after initially rejecting the first, supported by Damian.

“The settlement wasn’t life-changing, but Damian explained the risks of going to court. With the compensation, I could pay off what I owed and put some in a pot.

“It’s difficult when you’re going through any sort of proceedings like this, but I can’t fault Express –they were very good for me,” he said.

Andrew is now back behind the wheel, and the compensation he received has played a significant role in supporting his recovery.

On conclusion of the claim, Damian said:

“This was a technically difficult claim as we had to show that Arriva had been negligent by forcing Andrew to wear company shoes that were not appropriate for him without making any proper assessment of his requirements and that this negligence caused the injury. The challenge was being able to prove that the blister on the toe that then ulcerated and led to the loss of the toe was caused by this ill-fitting footwear rather than any unrelated health condition. By using the best medical expert in their field, we were able to demonstrate this, and Arriva’s medical expert actually agreed with our expert’s opinion. It was a hard-fought case that was disputed from the outset, but I am delighted for Andrew that we managed to negotiate a favourable settlement shortly before trial, as the case was still not without risk.”