Christopher was employed as a contracts manager. He was working on a building site in Dunmurray which was on its way to becoming nursing home and a church. Christopher had been working on the site for months. He was asked to dig a trench around the edge of the building to facilitate an outer skin of brick for the building. He was using a mini digger. There was scaffolding all the way around the building and Christopher was underneath the first level of scaffolding when suddenly a plank dislodged from the second level through an opening in the first level. Christopher was struck on the wrist by the plank – entirely avoidable if the mini digger had a cabin or a roll bar.
Accident at Work Injuries
Christopher suffered an injury to the left scaphoid, the carpal bone below the thumb. He had previously fractured his scaphoid some 9 years ago prior to the accident. He had been advised that he required surgery but did not undergo it prior to the subject accident.
As a result of this accident Christopher attended hospital. A plaster of paris was applied for 6 weeks and then he was placed in a future splint. He subsequently underwent surgery which involved him being unable to work for a significant period of time.
Work Accident Claim
Christopher decided to pursue a claim for compensation. On the recommendation of a friend he approached Paschal O’Hare Solicitors. A letter of claim was sent to the main contractor. Its insurers initially denied liability but then indicated a willingness to discuss settlement of the case. We obtained a medical report from a consultant orthopaedic surgeon. This report acknowledged that Christopher had been due to undergo surgery following the previous fracture of his scaphoid bone but that he did not do so. It indicated that, on the balance of probabilities, the subsequent soft tissue injury necessitated the surgery. However, the insurance company for the defendant did not accept this and made an offer of £4,000. Christopher had undergone further surgery. As a result of this High Court proceedings were issued against the main contractor and the scaffolding company. Ultimately negotiations took place and the case settled in the sum of £27,500 plus costs.
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