£34,300 for permanent injury after fall from ladder
Compensation of £34,300 awarded to a 68 year old man for a broken heel bone injury following an accidental fall from a ladder at work.
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The claimant was employed by the defendants as a Farm Labourer. The ladder he was using was unsuitable for the task the claimant was undertaking and as a result he fell suffering a fractured heal bone.
He was in hospital for 4 days, no surgery was needed fortunately. After he left hospital he needed to use crutches for 8 weeks.
Previously, the claimant was a farm labourer but following the accident he was unable to continue labouring work and was restricted to light duties for a maximum of 3 hours a day. He was able to walk for only one mile and was unfit to return to labouring work.
Almost 3 years after the accident he was examined by a medical expert who confirmed that, although the fracture had healed and he had regained an almost complete range of movement in the ankle and foot, the damage done by the fall was permanent and he had a 25% chance that symptoms would deteriorate with time and he would need surgery in the future.
It was alleged that the defendant was negligent insofar as they failed to provide a unsafe working environment for the claimant resulting in permanent damage to the claimant's right foot.
The claimant maintained that he had developed permanent symptoms affecting many everyday activities as a result of the defendant's negligence.
Settlement and conclusion
The matter progressed to a Court hearing.
The Court accepted that there was a 25% chance that the claimant would need surgery at some time in the future.
The Court accepted that, but for the accident, S would have continued working as a full-time farm labourer for one year. Thereafter, the Court found that S would have been in part-time farm labouring work for a further four years.
The Court awarded 25% of the projected costs of surgery and post operative treatment.
Compensation of £15,000.00 was accepted by way of a Court award for "pain, suffering and loss of amenity". The remainder of the compensation was made up of lost wages and anticipated cost of surgery.
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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.
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