£220,172 awarded for ulnar neuropathy injury
Compensation totalling £220,172 was awarded to a 38 year-old claimant who suffered crush-related ulnar neuropathy injuries in an accident at work. The injury to his dominant right hand and required ulnar neurotherapy in his right wrist and pain management as a result.
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The claimant, aged 32 at the time of the accident, was employed by the defendant hotel company as a cook.
During the course of his employment, a tray weighing approximately five kilos fell on top of his hand inflicting a crushing injury. He returned to work the following day, however as he was in considerable pain he quickly sought medical attention. An X-ray revealed a fracture and indeed a chip in a bone in the claimant's right hand.
The pain in the claimant's hand failed to subside within the first year in the aftermath of the incident. After a further eight months, he was finally diagnosed as having sustained an injury to the ulnar nerve in his right wrist.
He underwent neural reconstructive surgery two years following the incident, in order to remedy the previously undiagnosed injury that was proved to have been the source of his pain in his wrist.
However the surgery was wholly ineffective and brought about a significant deterioration in the levels of pain suffered, which spread all the way up his arm and to his shoulder.
The effects of this were severe, as the by the time of the trial the claimant had lost some of the functionality in his hand and was unable to properly dress, hold his cutlery, wash and dress. He had trouble sleeping and his marital relationship was affected.
The claimant was forced to leave his employment as a cook for the defendant company. He underwent a number of sessions of physiotherapy however they failed to remedy his pain.
Experts agreed that the continual pain, stress and relationship strain had taken a psychological toll on the claimant and his wife. He had become convinced in his mind that his condition would not improve.
Despite all of this, it was agreed that the claimant could perhaps return to work on a part-time basis.
The claimant was successful before a County Court hearing in London. He was awarded damages totalling £220,172.
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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.