PH v ELECTROTECH BMS (MIDLANDS) LTD (2019

Published in Lawtel March 2020

Total Damages: £15,500 (£15,478.69 RPI)
PSLA: £11,750 (£11,733.85 RPI)
Trial/settlement date: 13/11/2019
Type of Award: Out of Court Settlement
Court: Out of Court Settlement
Age at trial: 48
Age at injury: 46
Sex: Male

The claimant, a 48-year-old man, received £15,500 for the hyper-flexion of the left foot he suffered during the course of his employment in July 2018. He sustained a ruptured Achilles tendon and was unable to work for 15 weeks but thereafter made a full recovery.

Employers’ Liability: The claimant (C) male, aged 46 at the date of the accident and 48 at the date of the settlement, sustained injuries when, on 19 July 2018 whilst working for the defendant (D) as an electrician’s mate, his left foot became wedged in equipment he was using. In order to access overhead wires to install light cables C had used a podium, as D had instructed its employees to do when carrying out any work at height. The podiums were scattered around the site by D’s employees. C accordingly erected the podium and began to install the cables. Upon descending the steps of the podium, the second step collapsed and C’s left foot became wedged behind the first step. He fell forwards but managed to keep himself upright.

C sustained injuries and brought an action against D alleging that it was negligent in failing to (i) provide him with suitable working equipment; (ii) satisfy its ongoing obligations of inspecting and maintaining the equipment. Liability admitted in part. D argued that there was contributory negligence of 25 per cent on the basis that the podium had been identified as defective. C argued that the results of that inspection had not been obvious and that the podium had not been taken out of use. D’s point was not accepted and the matter was settled on a 100 per cent liability basis.

C suffered hyper-flexion of the left foot resulting in a ruptured left Achilles tendon. He was placed in an equinus cast and had to use crutches for mobilisation. The cast remained on for four weeks and he then had to use an airboot for a further eight weeks. He subsequently had to undergo a course of rehabilitative physiotherapy.

For 15 weeks C was unable to work and only received statutory sick pay. His ability to carry out household tasks was severely restricted and he relied heavily upon the assistance of his wife and children. However, his contribution to the domestic tasks increased again after the cast, crutches and airboot were removed.

Out of Court Settlement: £15,500 total damages

The case was settled on a global basis with no particular breakdown of damages. However, the following breakdown was estimated by the claimant’s solicitors:

Breakdown of General Damages: Pain, suffering and loss of amenity: £11,000 to £12,500.

Total injury duration: 4 months

Express Solicitors Ltd (Manchester) for the claimant.

This Quantum Report was provided courtesy of Aidan Uttley of Express Solicitors Ltd, solicitors for the claimant.

Document No. AM0203620

Share Button