Irwin Mitchell’s specialised serious injury team helped a man claim compensation against his former employers after he sustained a life-changing brain injury at work.
On 1 January 2011, Mr S, who was a senior engineer for a rail company in the South-East, was called onto a carriage by one of his colleagues. They were investigating a fault with the train’s communication systems. During the process of investigating that fault, Mr S fell from the carriage. He fractured his collar bone and also sustained a traumatic brain injury.
While Mr S was still recovering from his injuries, he and his family decided to contact our team of highly experienced personal injury lawyers to assist him in his claim against his former employers. As the circumstances surrounding his fall were unknown, we launched an investigation and appointed our own expert to look into this matter and carry out a site visit.
During this initial period one of our experienced client liaison managers worked closely with Mr S’s family and co-ordinated various assessments, such as occupational therapy and a social services assessment. By focusing on the ongoing support and rehabilitation that Mr S needed, our client liaison manager was also able to refer Mr S for neuro-psychological support and organise carers to help with his morning routine.
How Irwin Mitchell Helped
After some lengthy negotiations between Irwin Mitchell and Mr S’s former employer, a substantial out of court settlement was secured. As a result, Mr S and his family will be able to pay off their mortgage and afford the essential services he now requires as a result of his injuries. This will be with a view to maximising his independence and his family’s overall quality of life.
Laura Middleton-Guerard, an Associate in the Serious Injury team in London who dealt with this case, said: "This is a really tragic case of an experienced engineer who fell in the course of his employment sustaining life changing injuries. It has also had a devastating impact upon his family who, because of the employers’ stance denying liability, became our client’s primary carers.
"It is hoped that with the out of court settlement money they will be able to resume their role as our client’s wife and eldest daughter, and be able to bring in the commercial care package which will maximise our client’s quality of life.
"This was really a preventable accident, had the relevant measures been put in place by the employers and a suitable risk assessment carried out at the time.
"At a time when cuts to the Health & Safety Executive and other regulatory bodies are being lobbied for, this tragic case provides a reminder of the importance of health and safety when it comes to trying to minimise the risk of such life changing injuries occurring in the first place."
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