Case study: claim of farm worker whose foot was trampled by a cow

 

Compensation: £6,400

 

Summary:

Mr T was working on a farm near Bristol when he had had the bones in his right foot crushed by a cow that stood on them. Mr T’s employer had failed to provide Mr T with adequate footwear that could have prevented the severity of Mr T’s injuries. Though the employer denied responsibility at first, Mr T’s YouClaim solicitor was able to show that the employer had been negligent in failing to provide toe-capped boots and helped Mr T to secure compensation of £6,400.

 

The Accident:

Mr T was 26 and had been working on a farm for three months when he suffered his injury. He’d been attending to cows in the field one day in 2005 when the cattle began to close in on him. He got worried and tried to move past the animals when one cow stepped on his foot. Eventually a co-worker managed to get the cow to move away, but by this time several bones in his right foot had already been crushed. Mr T was taken to hospital and his foot was put in a cast.

 

The Claim:

At the time of the accident Mr T had been wearing trainers. He had previously asked his employer if he should be provided with toe-capped boots, but his employer had said that this would not be necessary as he was not working with machinery. Mr T’s accident showed that it clearly was necessary to wear protective footwear in his job. After the accident he was told to rest at home for at least eight weeks and it was during this time that he contacted YouClaim after researching claims companies online. We allocated Mr T’s case to one of our solicitors.

 

The Case:

Mr T’s employer denied liability at first, saying that the accident was not his fault. However, Mr T’s YouClaim solicitor arranged for Mr T to see a medical expert and the severity of his injuries was confirmed. It was also seen that if Mr T’s employer had provided adequate safe footwear, the injuries would not have been so severe.

 

Settling the case: compensation:

Although he had at first denied liability, eventually Mr T’s employer accepted that he had failed in his duties as employer, by failing to provide toe-capped boots. The case was settled out of court, with £1,200 for loss of earnings and £5,200 for the injury itself. Mr T was extremely happy with his £6,400 settlement and was relieved not to be out of pocket after having been unable to work.

 

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