On 27th August 2014, AB was involved in an unfortunate accident at work while employed as a sewing machinist in the production of flags. Brian Barr Solicitors helped her to win £120,000 in compensation after her pre-existing fibromyalgia was exacerbated by her injury, causing her to experience severe pain.
Suffering from an accident at work
On the morning of the accident, AB arrived at work like any other day. Unfortunately, as she was walking in the foyer, she slipped on a pool of water. The water appeared to have been left there as a result of the cleaning company employed by her employer, and there was no sign to indicate the wet floor.
As a result of the accident, AB injured her big toe on her left foot and, as she slipped and fell onto her back, sustaining a further injury to her upper back and both shoulders. AB suffered immediate pain in her toe, as well as generalised pain throughout the left foot and ankle. She was subsequently diagnosed with a fractured toe but was expected to make a full recovery.
Symptoms of fibromyalgia
Unfortunately, instead of the pain subsiding, AB went on to develop generalised pain. She also experienced fatigue and depression. After consulting her Dr and specialists, she was subsequently diagnosed with fibromyalgia. It transpired that she had this condition before the accident, but it had not been debilitating in any way. However, her injury exacerbated her fibromyalgia causing her to suffer from severe pain.
The effect of fibromyalgia
Prior to her injury, none of AB’s fibromyalgia symptoms had interfered with her daily life, including her work, ability to go shopping, gardening or driving. She was able to live independently with minor symptoms and minimal pain. After the accident, however, AB suffered from ongoing symptoms which prevented her from being able to continue working. In addition to this, her fibromyalgia became so severe that she required ongoing care and assistance from her family and friends.
Although some people suffer from only mild fibromyalgia symptoms, like AB before the accident, many find the condition to be debilitating. With the most common symptoms being widespread pain, extreme sensitivity, stiffness and cognitive problems, fibromyalgia can affect every aspect of a sufferer’s life. For AB, it caused a loss of quality of life and independence, as well as a loss of income and mental health problems.
Making a fibromyalgia compensation claim
Thankfully, AB approached Brian Barr Solicitors to assist her in obtaining the compensation she required and deserved. The claim was not without its difficulties; her employers tried to blame her partially for the accident by alleging that she should have been more careful in noticing the pool of water on the floor. However, it later transpired that a more senior employee had noted the hazard beforehand and had simply ignored it. He, nor any other senior member of staff had attempted to warn others of the wet floor. Therefore, the accident occurred as a result of their negligence, putting them at fault for the accident.
The other side also tried to argue that as AB was able to continue working for some time after the accident, her current condition could not have possibly been caused by her injury. If it was, they believed that she would have been incapable of working sooner. They tried to use AB’s own determination against her.
Alternatively, it was argued that AB’s symptoms from before the accident are what caused her disability afterwards. They claimed that the accident was merely coincidental, despite the fact that before the accident, AB took far less time off work and was able to live independently and without any assistance.
Receiving £120,000 in fibromyalgia compensation
However, thanks to our instruction and expert team, we were able to assist AB in navigating this legal minefield. As a result, she received £120,000 in fibromyalgia compensation. The money she was awarded will enable her to live a higher quality of life, and access the additional support she requires.
Following the case, AB said, “I had looked into going with someone else but realised others did not understand the complexity of fibromyalgia, so I decided it was safer for me to have somebody on my side that thoroughly understood what I was going through after my fall. I will always be grateful to Steven Akerman, who worked on my case. He took his time and patience with me throughout this journey and I knew I was in safe hands. My future now will be very different because of Steven’s hard work.”
If you suffer from fibromyalgia as a result of an accident or injury that wasn’t your fault, you could be entitled to compensation, just like AB. If you suspect this may be the case, get in touch with our expert team of lawyers by calling 0808 123 0003 or filling in our online contact form, and discuss your case in more detail.
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