Fall at Work – Employer Negligence Causes Serious Wrist Fracture

Nikki Ealey

Associate

In late 2020 Ms E was a cleaner and care worker and was completing cleaning work for her employer when she was told to work in a dangerous position. This led to her falling from height and caused a serious fracture to her wrist.

Ms E had to take quite a lengthy period off work and even then was only able to return to work as a cleaner. Unfortunately Ms E’s wrist has not and may never recover sufficiently to allow her to work with patients in a care setting and Ms E has to make daily adjustments to her life and work to minimise the pain and difficulties that she still deals with on an ongoing and likely permanent basis. Due to covid restrictions and limited face to face offering through the NHS at the time of the incident, Ms E did not receive as much physiotherapy or rehabilitation early on after her accident which made her recovery slower and more complex once she had this input later on.

Initially the Defendant underestimated the significance of the injury and extent of the impact on Ms E and placed a low value on the claim which our team’s expertise and judgement could see straightaway. We obtained expert evidence which confirmed the full extent of the injuries and not only secured some further treatment which was otherwise going to be denied by the Defendant but also proved the claim was worth almost three times what the Defendant had originally believed. Fortunately Ms E is still seeing some benefit from this additional rehabilitation input and continues to hope that it may allow her to return to care work in some capacity. Nevertheless we worked hard to secure a settlement for Ms E which adequately compensates all of her losses incurred to date as well as the loss she has suffered in not being able to do the work she is most passionate about and the potential that Ms E may never be able to do this work again.