A 39 year old man was injured when a forklift truck reversed into him and knocked him over. It was established that his employer was liable for the accident in which he suffered a back injury. He suffered from chronic back pain. He could not return to his previous employment and was limited in relation to DIY. It was felt that the injury was not likely to be permanent. He would benefit from a pain management course and would have to perform clerical work in the future.
The Judge preferred the opinion of the Claimant’s expert, a medically qualified consultant in pain management, and rejected the Defendant’s expert’s view that degenerative changes were the cause of the pain. This man was suffering with a chronic pain syndrome and he was awarded £195,831.
This man was 42 when he lost his balance on a ladder and fell to the ground, landing heavily on his right foot. The accident was the employer’s fault and in that accident the Claimant sustained a fracture to his right heel.
He was in hospital for 48 hours and had to avoid bearing weight on the injury for 6 weeks. He had physiotherapy input to be able to walk unaided but this was unsuccessful. He developed a chronic pain syndrome and underwent a joint fusion. That also failed to reduce the pain and he relied heavily on crutches to walk. He also suffered from reactive depression and chronic illness behaviour syndrome. He would never be able to return to his former position and his dependence on strong medication meant that he would have difficulty coping with sedentary and non-manual occupations.
The Claimant won an out of Court settlement of £425,000.