A Cardiff worker was stuck to the ground by a forklift truck causing him to sustain injuries which required surgery.
Mr H was carrying out his work at a local manufacturer and supplier of PVC windows and doors and was walking through the yard at his workplace. Despite the fact that he was wearing high viz clothing and appropriate PPE, he was struck from behind by a forklift truck, driven by a colleague, which had been front loaded. The driver of the forklift truck could not, therefore, see where he was going and struck Mr H in the shoulder, throwing him to the ground. Unfortunately, the forklift truck kept proceeding forward and struck Mr H again before eventually coming to a stop.
Mr H sustained injuries to his shoulder a result of the accident and attended the local hospital for treatment. He was unable to work for some weeks as a result of his injuries.
Mr H instructed Martyn Prowel Solicitors in Cardiff to claim damages for the personal injuries he sustained, as well as the loss of earnings. Martyn Prowel Solicitors therefore took instructions from Mr H in relation to his claim and sent details of the accident to Mr H’s employers Insurers.
Liability, or responsibility, for the injuries was admitted quite promptly by the Defendant’s Insurers and, thereafter, Martyn Prowel Solicitors arranged for Mr H to be medically examined by a Consultant Orthopaedic Surgeon who prepared a Medical Report in relation to the injuries sustained. The Consultant recommended that Mr H undergo an MRI scan of his shoulder given that the injuries had resulted in a clearly visible lump to the shoulder.
At that stage, the Defendant’s Insurers made an initial offer to settle the claim for damages in the sum of £10,000. Upon advice from his Solicitors, Mr H did not accept the offer, on the basis that the medical position was uncertain and it was likely, in the view of Mr H’s Solicitor, Janine Griffiths, that he would achieve a higher settlement than the offer made. Therefore, the claim continued, and Martyn Prowel Solicitors arranged for Mr H to undergo the MRI scan on a private basis at the Spire Cardiff Hospital. The scan results and Radiology Report were subsequently sent to the Consultant Orthopaedic Surgeon for his professional opinion on recommended rehabilitation treatment and/or further investigations. The Consultant subsequently concluded that, although it did not cause any physical difficulties for Mr H, surgery could be performed in order to remove the lump from his shoulder.
Martyn Prowel Solicitors subsequently issued Court proceedings in relation to Mr H’s claim for damages and, following service of the same, the Defendant’s Insurers subsequently increased their offer to £15,000. Martyn Prowel advised Mr H that he had the option of proceeding with the claim and undergoing the surgery on a private basis before considering offers of settlement. Mr H decided to accept the offer received and thereafter the claim was settled in the total of £15,000.
Janine Griffiths of Martyn Prowel Solicitors said, “accidents like this are all too common unfortunately. Whilst appropriate training is usually (and was) in place for the use of forklift trucks in a workplace of this nature, the mistake of the driver in front loading the truck and driving forward resulted in our client sustaining injuries which left him unable to work for some time after the accident. It is, therefore, only right that Mr H claimed compensation from his employers Insurers in respect of the injuries sustained and the loss of earnings and we are very pleased that the matter was settled promptly and amicably with the Defendant’s Insurers”.
If you have been involved in an accident at work which has caused you injury, our Janine Griffiths is available to advise you in relation to pursuing a claim for damages against the Insurers of your employers. She can be contacted on 02920470909 or [email protected].