An out of court settlement of £250,000 was achieved for a steel fabricator who could not continue working at the factory where he suffered a debilitating spinal injury.
The 45 year old gentleman was an experienced steel fabricator, and had been working at the same factory for over 20 years, when he was injured at work after slipping on a patch of cleaning solution that had been spilt on the floor.
He fell so badly that he sustained a mechanical spinal injury, causing extreme pain and permanent suffering. On medical advice, he was told that he would not be able to return to his job as it would be too arduous for him to stand up or sit for a long time. He would need to do something that was less physically demanding and allowed him regular breaks to move around.
The gentleman sought the advice of Bartletts experienced personal injury lawyers in Wrexham, who commissioned a detailed medical report on his condition and presented it to his employers, who agreed with its findings.
Usually, employers are obliged to offer an existing employee an alternative form of employment which accommodates their physical needs, so far as is reasonably practical. However, employers are not obliged to create a position for you. In this case, no suitable alternative position was available at the factory and the man was offered redundancy, based on incapacity.
Determined to provide for his family, fortunately he was able to find a new job as a data entry clerk in a factory office, albeit at a significantly lower wage. His new employer was very understanding and allowed him the regular breaks to move around that he needed.
With Bartletts’ help the gentleman made a successful claim for personal injury to his spine and a claim for future loss of earnings against his former employer. As the medical experts all agreed, the case was settled out of court with a £250,000 compensation award.