£214,000 awarded for knee injury in a factory accident

£214,000 was awarded to 55 year-old worker involved in a factory accident after suffering a severe blow to his knee.

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Case details

Circumstances

The claimant was struck on the back of his leg by a stillage which had axle assembly parts in it. The stillage was being wheeled along by a fellow worker. The claimant was knocked to the ground as a result of the impact.

Injuries and Progression

The claimant suffered a serious knee injury as a result of the impact. This aggravated underlying degenerative changes in the knee which had not shown any sign of problems prior to the accident. He had to undergo an arthroscopy after 8 weeks constant pain. This was to investigate the cause of the pain the claimant was suffering. At 11 months post accident the arthroscopy resulted in a repair to the knee. However the knee continued to give the claimant painful symptoms.

Two years after the accident, it was decided to operate again. The patella-femoral joint was replaced. The claimant tried to return to his job but was unable to due to the continued pain.

Medical Evidence

Both the claimant and defendants medical experts concurred that the claimant had some level of degenerative changes in the knee joint prior to the accident. However the Judge at the trial accepted that but for the accident the claimant would not have experienced any symptoms. The Judge also accepted that the claimant's on going symptoms were permanent.

Settlement

At trial the claimant confirmed that he had on going constant pain and aching. He felt his knee was going to give way at any moment. He had difficulty using stairs. His sleep patterns were disturbed by his knee pain. His hobbies were affected in particular he could not play golf. He used to ride a motorcycle but felt unsafe in returning to this. His ability to garden was restricted and he no longer went to the gym.

The Judge awarded £45,000 for the claimant's pain suffering and loss of amenity. The remainder of his damages were comprised of loss of earnings, care and future loss of earnings. The total award was £214,000.

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Author:
Gaynor Haliday, Legal researcher

About the author

Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.