Case study: rail worker fractures wrist after fall

Compensation: £40,725

Mr F, a contractor working for Network Rail, fell over an unmarked steel peg while on site, fracturing his left wrist. He decided to make a claim for his injuries and YouClaim put him in touch with his solicitor, Deborah Parkinson.

The Accident

Mr F was working as a contractor for Network Rail when he fell over an unmarked steel peg, causing him to fracture his wrist. The accident left Mr F suffering from a loss of flexion in his wrist and concerned about his future employment prospects as a manual worker.

The Claim

Mr F came to YouClaim wishing to claim damages against his employer. One of our specialist Solicitors took on his case and sent a letter of claim to the defendants. The defendants accepted liability, but alleged that the accident had been partly the claimant’s fault, as they asserted that he would have seen the peg if he had been paying full attention. They wanted Mr F to accept 33% of the blame, a significant proportion of any final settlement.

The Case

We arranged for Mr F to see an independent medical consultant, who prepared a report on Mr F’s fracture and symptoms.  Mr F underwent an MRI scan and this revealed that he may encounter permanent problems with his wrist and the consultant suggested visiting a hand and wrist specialist. The hand and wrist specialist confirmed that Mr F could expect to recover within 6-12 months and that it was very likely that this injury would negatively impact his future career as a railway worker.

Mr F's solicitor submitted all of his medical reports and his Schedule of Loss to the defendant’s insurer, inviting them to settle the case. With no reasonable offer put forward by the defendant and Mr F’s case reaching its three-year limitation deadline, court proceedings were issued. A forensic accountant was instructed to give advice regarding Mr F’s loss of earnings that was based on his employment and tax records. In response to this the defendant’s solicitor made a settlement offer of £11,376 which Mr F rejected on his solicitor's advice.

Settling the case: compensation

Mr F started to experience increased pain in his wrist.  He had not been able to have the recommended wrist surgery due to work commitments.  He was faced with a decision to undergo surgery and see how far his symptoms resolved or to try and negotiate a settlement.  After meeting with his solcitor for a detailed discussion about all the options Mr F decided to instruct us to enter into negotiations with the defendant’s solicitor. 

After negotiations, we were able to secure a minimal liability offer of 90/10 in Mr F’s favour  (a considerable increase on the first liability offer made) and secured a significant increased offer of  £40,725.

Mr F happily accepted the offer and concluded his case.

 

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