Mr J was a cleaner and was involved in an accident in the factory he worked in. His duties included cleaning tills, computers and the shop floor. Our client’s supervisor told him to take machinery he had never used before to a lower floor using the lift. Our client informed him his supervisor that he had never used this type of machinery before to which the supervisor responded “it’s like driving a car”.The client proceeded towards the lift however the lift is only designed for pallets and not machinery. As the claimant went towards the lift it was narrow and there was a 3 metre drop behind the lift. The claimant tried to stop the machine as it entered the lift but unfortunately the machine tipped over to the side with our client.
After seeing our advert on television Mr J contacted us to represent him for his accident at work compensation claim.
Third party insurer’s position
Third party insurers sent documents advising the claimant had received full training.They therefore denied our client was entitled to compensation.
What Clearwater Solicitors did to resolve the matter?
Mrs Ahmed reviewed the documents disclosed by the insurers and realised some important documents, which they were required to disclose, where in fact missing.
- Mrs Ahmed repeatedly requested the documents but the Defendant insurers appeared to ignore our requests.
- Mrs Ahmed discussed the case with Mr J who authorised us to make an Application for Pre action disclosure. We attempted to instruct Counsel to deal with the Application hearing but on the 11th hour Counsel advised she did not believe our Client’s application would succeed. We did not accept Counsel’s advice and proceeded with the Application.
- Just before the hearing the Defendant’s insurers instructed personal injury solicitors who agreed to settle our client’s claim and agreed to pay the Claimant’s costs for the application.
After presenting the solicitors with medical evidence outlining the extent of the personal injury our client sustained as a result of his accident at work, the insurers quickly agreed to settle the case offering our client £5000.00,
Shazia Ahmed’s comments on the case
Mrs Ahmed said it appeared Mr J’s employers provided him with all the training he was required to operate the machinery and therefore it appeared they would be able to defend Mr J’s claim. However, I carefully reviewed the paperwork and realised that not all the documents has been disclosed.Mr J was happy to accept the offer and thanked us for the quality of service he received.
How Clearwater Solicitors can help you?
Accident at Work Solicitors is experienced in handling personal injury from accidents at work claims. If you think you have a case or require further information contact Accident at Work on 08000 430 430 or fill in the online call back request.