Accident at work causes serious injury

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Accident at work causes serious injury

22nd April 2008

Case Report - Eleanor Jeffries V Initial City Link Limited

The claimant was injured during the course of her employment with the Defendants Initial City Link Ltd on the 23 June 2005.

The claimant was employed as an HGV 2 Driver and slipped on oil, which had been left on the floor.

Liability was conceded at an early stage and the matter proceeded on a Quantum only basis.

The Claimant relied upon Medical Evidence of Mr Ian Fyfe and the Defendants instructed Mr Brian Cohen.

The Claimant suffered a forced abduction injury of the left shoulder causing damage to the rotator cuff tendon for which she needed an arthroscopic repair. She then developed a suspected neuroma on the operation scar. An excision of a mass was carried out on 30th April 2007, which turned out not to be a neuroma.

The Medical Experts agreed that the Claimant has ongoing symptoms of pain and restriction of movement in her left shoulder, and that as a result she will continue to be at a disadvantage on the open labour market, and that she will be unable to return to work as an HGV Driver but is suited to light manuel or office work.

The Claimant is also unsuitable for heavy lifting with her continuing shoulder symptoms predominantly affecting her employability.

The Claimant continued to require care and assistance from friends and family with routine decorating tasks as a result of her shoulder injury.

The Claimant had worked for the Defendants as an HGV Driver for some 8 months prior to the accident.

Post accident the Claimant continued in a Drivers Training Role for a number of months, before that job became too painful and the Claimant had to seek alternative employment.

Following the accident the Claimant undertook a number of part time driving jobs delivering sandwiches, driving for the Local Education Authority driving school children, and a part time job as a Dinner Lady.

Had the accident not occurred the Claimant would have probably retired at the age of 65.

The Claimants claim was settled the day before Trial on the following basis:

General Damages £8,500
Past Loss of Earnings £32,255
Past Care and Assistance £3,000
Outstanding Medical Expenses £661.00
Aids and Equipment £220.00
Travel Expenses £60.00
Future Care/DIY £5,000
Future Loss of Earnings £85,304

Total Settlement £135,000

Daniel Lee, a partner at Fentons Solicitors, acted for the claimant.

How can Fentons help?

Fentons have aspecialist accident at work department experienced in handling claims for most forms of accident at work claims.

If you think that you have a case, or require further information, contact Fentons on 0800 019 1297, or fill in the online claims questionnaire.