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Accident at Work Claims Case Study 1

Mr W was a gas service engineer and during the course of his employment he fell from a ladder at work, fracturing both elbows. His employers accepted that they had failed to provide a safe system of work. Liability was admitted at an early stage.

Mr W suffered significant injuries, including a fracture/dislocation of the left elbow, fractures to the right radial head, a fracture to his left thumb and a 3 centimetre laceration (to the bone) on his left leg. He required 36 sessions of physiotherapy and could not drive for six months. He was unable to return to work for 10 months.

We assessed that his claim would be worth approximately £115,000. This was based upon "general damages" for his pain and suffering etc of £30,000 together with additional sums for his future losses and future personal expenses that he was likely to incur as a result of his restricted movement and the risk of future deterioration. Initially the Defendant's insurers made an offer of £42,500 which was negotiated upwards to a figure of £80,000 which Mr W accepted as, for various personal reasons, he did not wish to pursue the matter to a court hearing.

Accident at Work Claims Case Study 2

Mr X was employed by a cleaning company and was directed to work on the cleaning of a large commercial kitchen which had substantial stainless steel cookers, chip fryers etc. at waist level and above them substantial fume extractors. He was directed to degrease the fume extractor and was instructed to climb up some steps to do so. Whilst doing so his foot slipped and slid along the surface into a chip fryer containing boiling water and degreasing agent.

Mr X's claim was that his employers had failed to provide him with a safe system of work, directing him to work in a particularly dangerous situation (i.e. over and adjacent to boiling water containing degreasing agent), and failing to provide him with appropriate protective equipment.

As a result of the accident Mr X suffered substantial burns requiring significant skin graphs and a long period off work.

George Ide LLP were instructed by Mr X in respect of this claim a few months after the incident. Mr X entered into a conditional fee agreement (ie a no win, no fee case), and was helped to obtain insurance against the risk of having to pay the other party's costs if his claim was not successful. The premiums for this insurance were "self insuring" meaning that he was at absolutely no financial risk. We were then able to instruct appropriate experts to provide medical reports in respect of the injuries sustained and to negotiate settlement with his employer's insurers. The claim was eventually settled for a sum of approximately £15,000 from which George Ide LLP did not deduct any charges, our fees were paid direct by his employer's insurers.

Mr X said in his letter accepting the offer made "I am further using this opportunity to express my sincere gratitude and satisfaction regarding your professionalism exhibited in handling this matter for me".

Accident at Work Claims Case Study 3

Mrs S was employed by a company responsible for the "tagging" of offenders. Mrs S was provided with training and a company vehicle and directed to visit offenders on her own at all times of the day and night. On the day in question Mrs S was requested to travel to a notorious housing estate in the early hours of the morning to check upon the tag previously placed upon an offender. Mrs S travelled to the address and was invited in. Initially all seemed well. It then became apparent that the person that she had come to see was somewhat "high" and a little while later she became aware of a crowd of people gathering outside the address who seemed intent on attacking the subject of her visit. He became agitated, clearly under the influence of some illicit substance. He seized Mrs S and held her hostage. It was some time before she was able to communicate using the equipment in her possession with the authorities. Eventually the Police arrived, he was arrested and she was released.

Mrs S decided to pursue a claim against her employers for failing to provide her with a "safe system of work". It was technically unsafe and irresponsible to expect an unaccompanied female to travel to such a dangerous area in the early hours of the morning and expect her to deal with a known offender in whatever state she may find him in.

After an initial and very forceful Letter of Claim the Defendant's insurers acknowledged liability and made a very small offer in settlement of this claim. The offer was rejected. Mrs S then entered into a Conditional Fee Agreement (ie a no win, no fee agreement) and took out "after the event" insurance to insure against the possible risk of losing the case and being required to pay the Defendant's costs. This insurance premium was "self funding" and at no time was Mrs S expected to have to pay the same.

In view of the extremely low offer made by the Defendant's insurers and in view of the ongoing difficulties (post traumatic stress disorder) suffered by Mrs S, proceedings were issued in the County Court. Mrs S was seen by medical experts instructed both by George Ide LLP and the Defendant's insurers. The Defendant's experts challenged her condition and effectively alleged that she was not as "disabled" by her condition as she clearly was. We maintained our robust position with the Defendant's insurers and in due course the matter was listed for a final hearing. On the morning of the Court hearing the Defendant's insurers made a substantially increased offer which Mrs S duly accepted.

The Defendant's will pay this firm's costs, and the cost of the "after the event" insurance premium. There were no deductions from Mrs S's claim and she received 100% of her damages.

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