Conor was involved in a work accident in Lisburn. He worked as a Freezer Operative on lorries for a transport company. On the day of the accident, he was pulling down a dividing door in a lorry trailer when the handle snapped, causing him to fall to the side.
Conor had immediate pain in his right ankle. He attended hospital on multiple occasions, and after several x-rays and an MRI scan, it became evident that he had sustained a fracture to his ankle.
Conor reached out to our work accident solicitors
Conor contacted Paschal O’Hare after hearing about us on the radio and a case was quickly set up. He opted to use our P J O’Hare app which allowed him to sign his initial letters and correspond with his solicitor quickly.
A letter of claim was sent to Conor’s employer who passed this onto their insurer. After a period of investigation, the insurance company admitted primary liability for the handle breaking, but alleged contributory negligence. They suggested that Conor should have been aware of the appropriate process to pull down a dividing door safely. The solicitor discussed this allegation with Conor, who was able to confirm that he was aware of the correct process and had adhered to the same. He was able to provide his solicitor with photographs of instructions printed on the inside of the trailer of how to correctly pull the dividing door, and he was able to demonstrate that he had followed these.
We arranged for Conor to be examined by a Consultant Orthopaedic Surgeon. The Consultant reviewed the relevant medical documentation and examined Conor. He suggested that he should undergo an MRI scan, which was subsequently arranged by us. The Consultant then reviewed this scan and his report commented that the fracture had healed soundly and that symptoms should resolve within 12-15 months of the accident.
We served Conor’s medical evidence and our denial of the allegations of contributory negligence on the insurer. They agreed that they would not be pursuing the allegation of contributory negligence further to our comments, and they made an offer of settlement of £15,000. We felt this figure was not sufficient in light of our Conor’s injury, so we entered into a period of negotiation, quoting the relevant Court guidance. A figure of £20,000 was agreed between the parties in settlement of the claim.