Scott was working for a packaging manufacturing company and was asked to move a table across the work space. Whilst doing this, he tripped and fell over a pallet that was blocking a walkway. He landed on a box cutting tool and suffered a deep cut on his arm which severed tendons and the main nerve in his forearm.
Scott contacted Paschal O’Hare Solicitors
Scott contacted us with a view to claim for compensation. We sent the letter of claim and the employer agreed to offer compensation but alleged that Scott was just as responsible for his own injury as they were. This is known as contributory negligence and you can learn more about it here. If accepted, it would mean that Scott would get less in compensation than he was entitled to. We viewed this as incorrect as the box cutting tool should have been safely stored away and not left unattended on a main walkway in the work space. Subsequently we instructed a consultant engineer to review the location of the accident who provided a report stating it was not safe for the tool to be left where it was. We also had Scott examined by a consultant plastic surgeon to assess the damage done to his wrist and forearm. The case was soon listed for trial so that the courts could decide the outcome.
Prior to the trial date, the insurer of Scott’s employer agreed to pay a figure of £30,000 rather than go to trial. This was accepted and Scott’s case was settled.
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