Back Injury at Work Claim

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Case study: Back Injury at Work Claim

I recently acted for a client living in Bristol, who suffered a serious back injury in an accident at work.

The accident happened at Swindon College, in Wiltshire. The college was undergoing expansion.

As part of the works, my client was driving a 13 ton excavator. He was working as part of the site known as "the workshop". This was going to be a craft area for the students.

The site was without any artificial lighting, apart from the site office.

Each evening, my client left the excavator where he had finished working that day. The next morning, he resumed working at the same spot.

Due to the fear of vandalism, my client had to fix security shutters to the outside of the excavator each evening, to prevent vandals from smashing the windows. Each morning he had to remove the security shutters, and place them into a basket fitted to the outside of the cab.

The evening before the accident, my client had left the excavator some distance away from the site office. The next morning it was dark when my client arrived for work. The illumination from the site office did not reach as far as the excavator.

The platform of the excavator was about 7-8 feet above ground level. My client walked around the platform, removing each of the security shutters in turn. There were 5 of these in total.

While doing so, my client's left foot got caught on a protrusion sticking up from the floor of the platform.

My client fell a vertical distance of about 2 feet. He ended up lying on his side, on the tracks of the machine.

To begin with, my client only experienced a dull aching. He got into his cab and carried on working. However the pain did not go away. After a couple of days, he realised he had suffered a serious back injury.

We advanced a personal injury claim against the employers, who conceded liability.

Protracted medical treatment and investigations then took place. These revealed that the client was suffering from a pre-existing, although clinically silent, back condition.

In this case the opposing insurers were fully co-operative. They made a series of interim payments, and settlement was eventually negotiated.

Comments about Back Injury Claims Generally

This case illustrates several of the common factors that tend to arise in back injury claims:

• Very often the injured person has never had previous back trouble
• Accordingly when the accident takes place and causes back pain, there is a tendency to blame it all on the accident
• However in many cases, true effect of the accident is to "bring forward" the symptoms of an underlying condition
• The symptoms of back pain were always going to arrive eventually. However but for the accident, there would have been no symptoms for several more years

By all means contact me if you would like to discuss making a back injury claim following an accident at work. I look forward to hearing from you.

Boris Kremer - personal injury solicitor, Sovereign House, Solent Way, Gosport, Hampshire UK. Tel: 0845 021 2222.

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handling personal injury claims as a result of back injury and accidents at work generally