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27 January 2012 0 Comments
Posted in Case Studies

Successful compensation and rehabilitation following an accident at work

Posted by , Partner

Mr S* was an experienced road re-surfacer with over 20 years experience in the industry at the time of his accident. On the day, he was part of a team using a paving machine to spread surface material onto a road.

Although Mr S knew that he should only work behind the machine for safety, he walked to the front to pat surfacing material back into the hopper as the machine approached a speed ramp. His good intentions went sadly wrong. As he walked backwards the machine continued forward and his boot became trapped between the paving machine and the speed ramp. His leg could not be saved and he suffered a below the knee amputation.

Not surprisingly his employers wanted to shift as much blame as possible onto Mr S to reduce his possible compensation award. After carefully considering the circumstances, Royds Withy King argued that he was only partially to blame and the impact on his compensation award should be minimal. Louise Hart, a partner in our Personal Injury team who has particular experience of amputation claims, successfully argued his case and won a settlement that allowed Mr S to have the best quality of life following his accident.

The compensation claim is only one element of a successful recovery. Like most people who suffer amputations as a result of work accidents, Mr S needed expert rehabilitation to cope with the physical and mental traumas caused by amputation accidents. Louise took an active role in setting up his rehabilitation programme to make sure Mr S had the best quality of life possible. Her extensive knowledge and experience meant that she was able to recommend a full programme of rehabilitation experts, including a specialist physiotherapist, prosthetic and orthotic care providers, accommodation experts, consultants in rehabilitation medicine and a palliative care expert. She worked with Mr S to make sure he had the best outcomes, now and for the future.

*for client confidentiality our client is referred to as ‘Mr S’

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