Our client was involved in two accidents at work, and instructed Express to act for him in both cases. He was employed as a Liquid Production Worker for a cosmetics company.
Chemical injury – £4,500 Awarded to Client after an Initial Offer of £1,000
In January 2015, our client was reaching to obtain a product from a high shelf when a powder chemical fell from a higher shelf and went into his eyes. Despite wearing his safety goggles provided by the Defendant, he immediately experienced blurring and irritation of both eyes. As his eyes continued to burn and become watery and red, our client was then taken to Accident & Emergency.
Our client came to us and reported that he suffered from ongoing dryness in the eyes, for which he needed constant use of eye drops.
We brought a case against the Defendant, alleging that they failed to properly risk assess and consider the hazardous properties of substances, and the risk to employees of their exposure to these substances. Further, we alleged that the Personal Protective Equipment provided, ie. the safety goggles, were clearly not appropriate.
The Defendants were quick to admit liability on the allegations put to them, and put forward an early offer of £1,000.00. Our client was advised that this would not be an offer to accept and that we should look to obtain specialist medical evidence to prove our claim.
A specialist Opthalmologist, Mr Thomas Eke, was instructed to examine our client, who advised that our client would likely need to use eye drops, or ‘artificial tears’ for some 3 years from the accident.
When valuing the claim, we had to not only take into account the value of the injury itself, but the cost of eye drops for 3 years, some £750.00!
After a discussion with the Defendant Insurer, detailing our expectations and the ramifications of our medical evidence, they came back with a revised offer of £4,500.00, which our client accepted.
Crushing injury – £3,000 Awarded after an Initial Offer of £1,500
In February 2014, our client was moving heavy oil barrels on his own, after being told by his manager that he did not need a colleague to assist. As one of the barrels was wet, his hand slipped and was crushed between two barrels.
Our client suffered from a fracture of the fifth metacarpal bone in the hand, which took 8 weeks to heal.
We based our case on the Defendant’s failure to risk assess a manual handling activity of heavy objects, as well as failing to provide personal protective equipment such as work gloves.
The Defendant admitted liability on these allegations and put forward an offer of £1,500.00. Once again, our client was advised that we should await medical evidence. With a report obtained from a specialist Hand Surgeon, a final settlement was negotiated in the sum of £3,000.00.