Tree Surgeon Seriously Injured In Fall From Tree Wins Substantial Settlement

Tree Surgeon Seriously Injured In Fall From Tree Wins Substantial Settlement

Irwin Mitchell's specialist accidents at work team has secured our client over £360,000 in settlements after suffering multiple serious injuries whilst at work.

In 2008, our client was working for a tree surgery company. In June, he had been sent up tree, without any suitable protective equipment and without a risk assessment being carried out to warn him of the weak nature of the tree's branches.

As a result of this, our client unfortunately fell from the tree, sustaining internal organ damage, collapsed lungs, broken ribs and bilateral wrist fractures. He also sustained a mild brain injury in his fall, having lost consciousness upon impact with the ground.

Early on in the case, the employers admitted that they were at fault and were the root cause of the accident. While the case progressed, our lawyers were able to get the client payments in excess of £50,000 to enable the client to access a gym and physiotherapist to assist his recovery from his orthopaedic injuries, notably the bilateral wrist fractures. He was also granted access to a vocational expert.

Although our client was able to return to work eventually, he found that he was unable to continue with the heavy nature of the work. The bilateral wrist fractures meant that his wrists were weak and he found it very difficult to manoeuvre the heavy machinery such as hedge trimmers. He also developed an adverse reaction to heights and this affected his ability to continue with the employment he loved. He tried to remain in his previous employment but within two years of his return to work, he had to resign.

In deciding how much compensation the client deserved, we considered how the future loss of earnings he would suffer should be calculated. It was clear that our client had the desire and the willingness to work but, unfortunately, had not been offered the opportunity to do so since having had to resign. He also developed complications with his wrists which required further surgery.

Evidence from Dr Victoria Wass, based on medical evidence and witness evidence, highlighted the client's difficulties with his wrists, anxiety and low mood as a result of his brain injury and also his frustrations at not being outdoors and in work.

Based on her report, we were able to put forward an estimation of the client’s future loss of earnings over the remainder of his working life.

An out-of-court settlement was finally reached in the sum of £361,000. This compensation will enable our client to move on with his life, provide private funds for the further wrist surgery required and also private rehabilitation to maximise his recovery post-surgery.

It will also provide for a pain management programme on a private basis, assistance with gardening, DIY and decorating that the client could no longer manage and also some items of equipment to assist him in old age.

If you or a loved one has suffered a serious injury at work, our specialist serious injury claims team could help you to claim compensation. Visit our Accident at Work Claims page for more information.

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