The role of a personal injury lawyer or solicitor can be crucial in helping claimants to get the maximum level of compensation possible for their injury. The right solicitor or legal team will be able to secure their claimant the best possible settlement. They may well even be able to do so whilst offering their services through a no win no fee agreement.
In order to be able to highlight the role played by your solicitor we have researched a case where a 19 year old claimant needed to claim compensation for a spinal injury at work. The case we have researched does not detail the exact details of the accident, but we can see that it does involve a very serious injury to the claimants spine. the injury left them suffering a high degree of paralysis and requiring a wheelchair to get about. We will see how the solicitors were able to secure a very compensation settlement (£3.75m) which has helped the claimant to live as independent a life as possible. We will also see how they secured an interim payment of £500,000 to help meet immediate expenses, such as new accommodation, the claimant had.
It is common for personal injury claimants to not just be awarded damages for the actual injury suffered, but also for the effects that the injury has on them and their life, as well as to meet any prior, current, or projected financial costs related to the injury or its treatment.
If, after reading this guide, you require further information on how to claim compensation for an injury at work, what your rights are, or how to get in touch to being a claim, we have included details at the bottom of this guide.
Road Traffic Accident In The Workplace
As we have seen, the claimant was only 19 years old when he suffered the spinal injury at work. The claimant worked in the refuse industry at the time of his accident as a bin man. The waste industry involves many different roles and activities and workers often have to ‘wear several hats’ such as driving and operating the refuse truck, as well as collecting refuse. The accident happened whilst the claimant was in a vehicle being driven by another worker. The driver was instructed to perform what is termed a ‘load shift’. This involved turning the vehicle at speed to redistribute waste in the vehicle. As this procedure was performed, the vehicle tipped over.
In this PDF compiled by the HSE, we can see a breakdown in the number of people who are involved in road traffic accidents at work, as well as the number of people injured in them. You can also find further information on road safety at work in this guide produced by the HSE.
What Injuries Did The Claimant Suffer?
The claimant suffered what was diagnosed as a catastrophic injury to his spinal cord. This could be seen as similar in severity to a fractured spine. Suffering a spinal injury at work can be extremely serious. The claimant was hurt as we saw by both the vehicle tipping over, and the impact of someone else falling on to him.
Initially the claimant was taken to a hospital in their area, before being transferred to a specialist centre for injuries to the spine. Here doctors could better assess the injuries, such as spotting fracture symptoms, or being able to provide fracture treatment as necessary. At the specialist spinal injuries centre, the claimant received specialist medical care, as well as rehabilitative treatment. It should be noted that in our research we do not have the exact nature of this claimants spinal injury. After a seven month stay at the specialist hospital, the claimant was discharged. However, he did still require and would benefit from additional physiotherapy as well as ongoing care.
The Spinal Injury At Work Claim
The claimant began his spinal injury compensation claim whilst still in hospital undergoing treatment and recovering. He found a solicitor and instructed them to start his claim for spinal injury compensation from his employer.
The claimant worked with a team of no win no fee solicitors who were all specialists in helping people to recover compensation after a spinal injury. At the beginning of his claim, the solicitors were aware that this would be a complex case and that the claimant would urgently need an interim payment to help them meet immediate expenses such as specialist equipment and new (appropriate) accommodation. At the time of the accident the claimant had resided with a family member. His current home would not be accessible by wheelchair. This meant that there was an urgent requirement to secure a payment in the interim to cover new accommodation. This interim payment was made whilst the claimant was still undergoing spinal injury treatment at the hospital, allowing them to have somewhere to go to when they left the hospital. This interim spinal injury compensation payment was for £500,000. Part of this interim payment was used to purchase a suitable home for the claimant, in this case a bungalow.
As well as being used to purchase a home, this payment was used to purchase both a wheelchair accessible vehicle, and a wheelchair. When the claimant was discharged from hospital, they still had funds left over to pay for physiotherapy and hydrotherapy to aid his rehabilitation.
What Settlement Did The Claimant Receive?
Whilst the claimant had initially received a payment of £500,000, solicitors acting on his behalf were aiming to secure a much higher total amount. This was because the severity of the spinal injury would necessitate life long care and attention. In total the claimant was awarded £3.75 million in spinal injury compensation for their spinal injury at work. This figure reflected the severity of the injuries suffered, namely a fractured spine or similar level of catastrophic injury, and that the claimant was left partially paralised and dependant on using a wheelchair. The compensation awarded recognised the claimants long-term requirements for case and medical treatments, as well as to secure his overall financial future. This settlement was designed to enable a young person, such as this claimant, to be able to live as normal and as independent life as possible.
The personal injury solicitor acting on behalf of the claimant paid tribute to the claimant, their family, and the claimants ability to build a new life for themselves. Whilst the claimant recognised that they would not be able to live the same life as before, he did however recognise that the settlement had helped him to secure an independent future. He also recognised the help that having his own adapted property and vehicle would have for him. The settlement allowed the claimant to purchase a range of different forms of equipment and aids to help his around the home.
The settlement secured for the claimant in this case was in line with compensation guidelines for personal injury claims produced by the Judicial College.
No Win No Fee Claim For A Fracture Spine And Neck At Work
Suffering from a serious and complex injury such as this spinal injury at work experienced by the claimant can be extremely traumatic. Not just for your physical, but also for your mental health. At this time, the last thing you want to worry about is not being able to afford to make a personal injury claim to get the damages you are owed. Taking any form of legal action can be expensive if you have to make upfront payments. However, by making a claim with a no win no fee agreement, you can remove this potential obstacle. Often abbreviated as simply ‘CFA’ these conditional fee agreements are offered by solicitors to help claimants who could not pay for services before getting their compensation settlement. Their fee will be contingent upon you being awarded a final settlement. If you are not awarded a settlement, they will not need to be paid. As such, the solicitor will assume all of the risk in making a settlement. It is designed to remove any financial barriers to making a claim. We are proud to offer this type of agreement to many of our claimants. If our no win no fee solicitors can help you under such an agreement, it means that you should be confident in their ability to recover compensation for you, only strong claims are offered such an agreement.
How Accident Claims UK Can Help You
Why should you choose to make your accident at work claim with Accident Claims UK? Our team have years or sometimes even decades of experience in helping people to make a personal injury claim. To begin a personal injury claim after suffering a spinal injury at work, you can simply use any of the following methods to contact our team. We will work hard to get you the compensation that you deserve, securing you the highest possible level of damages.
A Guide To Treatment For Spinal Fractures
Find out more about the spine, injuries which can happen to it, such as spinal fractures, and how such injuries can be treated in this PDF guide from South Tees Hospital.
NHS Spinal Injury And Support Services
Find information on spinal injuries and the support services available from the NHS in your area by entering your postcode at this guide.
Back Injuries At Work
This is our guide to making a successful compensation claim for a back injury, whether it is damage to your spine, or other injuries.
What Are Your Legal Rights After An Accident At Work?
Find the answer to this question, as well as how to find the answers to others you may have by following this guide.