A brief summary of events is set out below.

Date of Accident:  8.1.2009

Time between formal instruction and successful conclusion:  9 months

How the claim proceeded:  Liability was denied by the employer’s insurers on the basis that they could find no record of the accident, despite our client stating that he had reported it the day it happened.  However, a visit to his GP that day also supported the accident circumstances.  The insurers then disputed how the injury occurred, bearing in mind the equipment available for the task.  Liability was denied throughout the whole of the claim.

Were Court proceedings necessary?:  No

Was a trial necessary?:  No – despite the insurers’ position on liability, they recognised the risk that they might lose if the matter was decided by the Court.  They therefore made a commercial offer to settle the claim, which our client was prepared to accept.

Outcome:  The client secured £1,050 for his injuries and £50 for modest financial losses.

Comment:  Our client’s claim was on the basis that his employer had failed to fully assess the potential risks involved with this manual handling task.  Also, that his colleague’s negligent actions resulted in the injury, and an employer is held responsible for the conduct of all their employees during the course of their work.  There was a risk that our client could have lost at a trial or been found partly at fault, and although the settlement was not at a full valuation of the claim it was sufficient to resolve the matter.

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