Injured man left with chronic fatigue and no sense of smell after fall at work

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Injured man left with chronic fatigue and no sense of smell after fall at work

11th February 2013

A Wiltshire man who was left with chronic fatigue and no sense of smell after fracturing his skull in a fall at work has received £120,000 in an out of court settlement

Mark Luxton, a workplace accident specialist at Fentons Solicitors LLP, said the injured man was working for a catering business and had gone to fetch some food from a chiller-room when the incident occurred, more than three years ago.

“When my client, who is in his 70s, entered the refrigerated room, he noted that the concrete floor was covered in ice as it hadn’t been defrosted or laid with salt like it should have been,” said Mark, an associate with the firm. “The next thing he then remembers is waking up in hospital, extremely disorientated and with no idea where he was, how he got there or even where he worked.

“My client was told that after entering the chiller-room, he had lost his footing, fallen backwards and fractured his skull on the ice-covered concrete floor,” added Mark. “When he was found partially conscious, he had been so confused and agitated that he began fighting his colleagues off as they helped him into the ambulance.”

Mark said it had taken three days for his client to become fully aware of where he was and why he had been taken to hospital. “My client suffered a moderate brain injury after striking his head,” he said. “It took a few days before he was even able to speak coherently and understand what had happened to him. During this time, he underwent a number of scans and suffered near constant nausea, headaches and dizziness.”

On the day he was discharged from hospital, the man immediately went to bed as he felt so ill he thought he ‘was going to die.’ For the next few days, he was barely able to lift his head from his pillow and had to rely entirely upon his wife for all his day-to-day needs. Over the next several weeks, he continued to suffer crippling headaches and dizziness as well as profound memory loss and a total lack of energy and motivation.

“Following the injury to his brain, my client’s personality changed,” said Mark. “Along with losing his sense of appropriate boundaries and inhibitions, he has also lost all sense of smell and his sense of taste has been drastically reduced. In addition, his memory continues to be extremely poor and he often struggles to process instructions and information.”

Mark said that prior to his accident his client had been a fit and healthy man who enjoyed an active social life as well as a number of hobbies. “At the time of the incident, he was in his mid 60s,” he said. “Taking his age into account, the defence unsuccessfully tried arguing against any future loss of earnings award as it was their contention that he would have retired regardless of whether or not he’d had the accident.

“My client however, was perfectly happy with his job and had every intention of continuing to work for as long as he was fit and able,” said Mark. “As a result of his injury, he has now been left with chronic fatigue which means he is unable to work full-time, and although he has begun working part-time hours he often feels exhausted after even the slightest exertion.”

After liability was admitted, Mark settled the case on behalf of his client for £120,000 in January 2013.

How can Fentons Solicitors help?

Fentons Solicitors is experienced in handling claims for victims of accidents in the workplace.

If you think that you have a case or require further information contact Fentons on 0800 0191 297 or fill in the online claims questionnaire.