Client who suffered a brain injury while working on a barn receives compensation
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Keith had been left to work alone constructing a large agricultural barn. He was working on a raised platform putting up safety netting. Nobody really knows what happened as there were no witnesses to his accident, but he was found unconscious having fallen several metres on to the concrete floor below. The edge of the working platform was open and the safety gate swinging.
By the time the case settled, the Healthy and Safety Executive were still not finished investigating.
Keith sustained significant poly trauma in that he sustained multiple fractures to his body as well a serious acquired brain injury.
The case was dealt with under the Serious Injury Guide, meaning that we were able to work with Keith’s employer’s insurer and their lawyer to take a collaborative approach to the case which put Keith’s rehabilitation at the centre of his claim. This meant the early appointment of a Case manager and access to rehabilitation services which went beyond what the NHS were able to provide. This early and additional support gave Keith the best possible chance of reaching maximum medical recovery.
In terms of liability, it was a tricky case as there were no independent witnesses and Keith does not remember what happened. We could only hypothesize on how the accident may have occurred. There was dispute as to whether Keith had properly put the safety cage together before going up in the raised working platform or whether he had stood on the bars but compromise was reached at an early stage through a settlement meeting avoiding lengthy litigation and additional stress for Keith.