Our client was working for a restaurant. His
manager asked him to lift several heavy steel kitchen drawers into
the kitchen. As he attempted to lift one, he suddenly felt severe
pain in his lower back and sustained injury.
We sent a letter of claim to the owner of the
restaurant who confirmed that his 'employer's liability' insurers
accepted liability. It was not suggested that our client was in any
way to blame.
Our client suffered a variety of symptoms on
an ongoing basis. He was examined on separate occasions by various
medical experts who checked for signs of any significant structural
abnormalities (such as a prolapsed disc); for soft tissue injuries
that could cause such symptoms; and for signs of any depression as
a result of the accident. Various conditions and explanations were
established both physically and mentally.
Our client did not return to work for four
years after the accident. He was pessimistic about his job
prospects due to his ongoing pain.
Eventually, the insurers put forward a lump
sum settlement offer of £70,000 which was accepted in settlement.
The breakdown of this was £7,500 for pain, suffering and loss of
amenity and the balance for past & future loss of earnings and
handicap on the labour market.
Our client's claim was funded by legal aid
throughout.
Point of interest
In cases like this, it is often a complicated
matter to assess the value of the claim. This turned out to be a
difficult and complex case, and there were lengthy negotiations
regarding settlement.
Hodge Jones & Allen
June 2002