Express fight for injured caretaker after being turned away by previous solicitor

The Impact after an injury at work

Chris required assistance from his partner in the aftermath of the accident and was unable to return to work for three months. He now has reduced mobility in both wrists.

How the other solicitor approached the case

After the fall, Chris went to another solicitor to make a claim against his employer. However, upon reviewing the case, they deemed it unlikely to succeed. Their standpoint rested on two arguments. Firstly, that Chris was fully trained to use ladders and work at height, with signed documents confirming his training. Secondly, they believed that as Chris, as a professional caretaker, it was his role and responsibility to select suitable ladders for the work.

What Express did to put Chris’s injury at work claim back on track? 

Robert Weeden, Principal Partner at Express Solicitors, took on the case. Reflecting on his initial thoughts he said: “With our wealth of expertise and track record in this area, we were confident our approach would lead to a successful outcome for Chris. We don’t just look at the evidence in front of us, we ‘dig deeper’ and really build a case.

From the outset “We took the time to listen to Chris and understand his story, a crucial step often neglected by other firms. During this process, we discovered that his previous manager had left the business before the accident, leaving Chris as the manager responsible for risk assessments and planning work, despite having limited training and no qualifications. The training he did have was merely a tick-box exercise.”

While Chris could have chosen a different ladder that day, Robert and his team argued none of them were suitable for the job in hand. “Chris was not sufficiently trained and simply chose the ladders he felt were best for the job. It was our view that had the job been approached correctly, it was evident that he required a scaffold platform, or alternatively, external contractors should have been brought in.”

There we other areas of contention which came to light, further supporting Chris’s claim. This included the fact he was expected to work alone, faced pressure to change the light and the management team knew he was working without assistance.

Robert added: “Even if Chris had the appropriate training, he wouldn’t have been able to comply with the requirement for three points of contact on a ladder if he was expected to work alone and change the light that day while using both hands to unscrew large bulbs.”

The settlement

Based on the narrative we established and supporting evidence, we secured a settlement of over £90,000. On conclusion of the case, Robert reflected: “Cases like Chris’s really do highlight the importance of not giving up if you feel you have a strong case, and vitally, it’s always worth getting a second opinion from another solicitor.”

Contact us

Have you been in an accident at work 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.