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It is bad luck to be involved in one accident at work, let alone three. Yet this is what happened to a client of ours recently, when they were injured in three successive accidents which occurred when the fork lift truck they were driving was hit by fork lift trucks being driven by co-workers.

As Dominic Jones, the accident at work specialist who handled the client’s subsequent compensation claim, explains:

“This is one of the most unusual personal injury cases I have had to deal with, not only because the client was hurt on three separate occasions in accidents which occurred in virtually the same circumstances, but also because the injuries they sustained were all interrelated and so it was difficult to determine which accident had caused what problem and accordingly how much compensation should be sought for each individual claim.”

Fortunately, Dominic has more than a decade of experience in dealing with complex personal injury cases and so was well placed to help the client recover the compensation they deserved.

Details of the accidents

The client was first injured in 2017 when a colleague drove into him.  As a result of the accident he suffered torn muscles and tendons in his lower back, referred to medically as a lumbosacral strain.  The injury caused him a fair degree of pain and discomfort, which he was just beginning to recover from when the second and third accidents occurred within 15 minutes of each other approximately 18 months later.

As a result of all three accidents, the lumbosacral strain got progressively worse until it reached a point where it seemed likely that nerve damage had been caused, which had led to the client developing sciatica type symptoms and a limp.  In total, the client needed to take just over 12 months off work.

Challenges in seeking compensation

There were a number of complexities that Dominic needed to get to grips with and which highlight the importance of using a specialist personal injury solicitor.

First of all, as the accidents happened 18 months apart, compensation was being sought under two separate claims: one in respect of the first accident which occurred in 2017 and the other for the two accidents which occurred within a quarter of an hour of each other in late 2018.  However, running two separate claims for what were essentially identical accidents, which had resulted in the same injury, did not make sense and so Dominic had to make an application to the court to have the two claims merged into one action.

Secondly, although the accidents had clearly been caused by the careless behaviour of our client’s colleagues, it was unlikely that they would have the funds available to cover the compensation that was now being sought.  Dominic therefore had to establish that as the accidents had all occurred in the workplace, and while the fork lift trucks in question were being used for work purposes, overall responsibility for the accidents should rest with our client’s employer (who had insurance) under a special legal rule known as vicarious liability.

Thirdly, there was a question mark over whether the pain our client was experiencing was actually triggered by the first accident and which therefore cast a question mark over this aspect of his claim.  Dominic dealt with this issue by commissioning a report from a specialist orthopaedic doctor and by commencing proceedings at court to demonstrate the client’s determination to push hard for the compensation that they felt they were entitled to claim.

Finally, the client was Polish and although he spoke good English, he still needed support to be able to give us clear instructions and to understand our advice. We were able to address this issue by assigning Agnieszka Kulas to his case.  Agnieszka is herself an experienced personal injury lawyer, and provides all our Polish clients with a free interpretation and translation service.

Outcome of the case

By having the client’s claims combined into one action and issuing proceedings at court, supported by comprehensive medical evidence, we were eventually able to achieve an out of court settlement with the employer’s insurer, which resulted in our client receiving a lump sum payment of £35,000 and the settlement of his legal fees.

Have you been injured in an accident at work?

If you need help recovering compensation for an injury sustained at work, then why not give Dominic a call on 0800 195 6412 to see how we can help?

We offer a free, first interview and can usually take personal injury claims on under a no win, no fee agreement, which means that you can make a claim without having to pay any upfront costs and with no liability to pay our fees if your claim is unsuccessful.