Worker was offered just 拢25,000 for serious injuries
James Blount, an engineer who was severely injured whilst servicing a lift in a City of London office building in April 2005, has won a significant High Court personal injury case and secured a 拢492,254 compensation package.
The final figure of compensation agreed to by the insurers of Blount鈥檚 employers, Amalgamated Lifts, is some 20 times higher than the original 拢25,000 settlement offer.
The award was based on the conclusion that the claimants鈥 employers were negligent and in breach of their statutory duties with regards to the Management of Health and Safety at Work Regulations 1999 and the Provision and Use of Work Equipment Regulations 1998.
Blount suffered crushing injuries to the right forearm and wrist; together with a severe twisting injury to his right knee. Despite plastic surgery, he was left with considerable scarring on his forearm. Wrist injuries left him with a very weak grip. He is now unable to hold heavy items and has difficulty writing.
He suffered significant injuries which, despite reconstructive surgery, left his knee in an extremely unstable condition. This precludes him from prolonged standing, sitting or walking over uneven ground. He cannot work in tight spaces or lift any heavy weights. He has also suffered post traumatic stress disorder and a reactive depression.
Bakers Personal Injury Solicitors, a Hampshire-based law firm, acted on behalf of Blount. The firm contends that this case highlights a worrying trend in which insurers have approached injured people and seek to buy off their right to claim for injuries before they have had a chance to obtain advice.
The original 拢25,000 settlement offer was said to have been made to Blount during a face-to-face meeting between Blount and a representative of the defendants鈥 insurers (Quinn Insurance Co) at his home just after the injuries were sustained. It was suggested that Blount sign an 鈥榓cceptance form鈥 which was drafted as a full and final settlement.
Julian Oldfield, a director in Bakers, said: 鈥淎t the time, significant verbal and psychological pressure was applied to my client to accept this initial offer. It鈥檚 only because he undertook some research on the internet that he turned it down along with the somewhat derisory improvements made shortly after. As a result, it has taken four years to realise a proper compensation package for the injuries he sustained.鈥
Source
Electrical and Mechanical Contractor