£75,000 compensation awarded to man for fractured ankle

In 2014 solicitors secured compensation of £75,000 for a 70 year-old man after he suffered a fractured right ankle after falling from a ladder at work three years earlier.

Injury details

The Claimant was employed as a carpenter.  He suffered an accident when he was working at a railway station on an upper floor. There was no staircase and the claimant had to climb a ladder to get to the floor above.  The lower floor consisted of plywood planks and the ladder was rested against concrete.

As he climbed down the, ladder another worker moved a plank of plywood flooring. The ladder fell down the hole left by the removed plank.

The man fell 7ft. His right foot went into the hole and was twisted. He felt immediate severe pain in his foot and ankle.

He was taken to A&E where his leg was x-rayed and a soft tissue injury diagnosed. His lower leg was plastered and he was told not to put weight on it for two weeks.

After two weeks the plaster was removed and an aircast rigid walking boot used. Two weeks later the Claimant was still in considerable pain. He suffered extremely restricted mobility.

Further X-rays and a CT scan were carried out. A diagnosis of a previously undetected non-union medial malleolar fracture was given.

Surgery was necessary to fix the fracture. The leg and ankle were placed in plaster for six months. The Claimant was not able to weight bear for the full six months and used crutches to walk.

Physiotherapy was unsuccessful. Further surgery was needed to remove the plate and screws in the ankle.

The Claimant suffered long term symptoms. His sleep was disturbed due to foot pain. He was unable to drive for long distances and his social life was restricted.

Walking was painful and he suffered a slight limp. Uneven ground was particularly difficult. Walking up or down stairs was a struggle causing pain.

The symptoms were thought to be permanent.

The Claimant did not work following the accident. He had been a self-employed carpenter. MRI scans showed no other cause of the ongoing problems and all pain and disability was attributed to the accident.

He would be able to work in some capacity until the age of 72 but not in a physically demanding job or one involving driving. He could not return to his role as a carpenter.

Allegation

It was alleged the employer was negligent insofar as they breached their duty to provide a safe working environment.

The Claimant was injured as a result of the employer's negligence.

Injuries suffered would leave permanent symptoms and restrict the Claimant's ability to work.

No underlying health issues contributed to the injuries or ongoing symptoms, which were all attributable to the accident.

Conclusion and settlement

Liability was admitted and the matter concluded without progressing to Court.

Compensation of £75,000 was accepted by way of an out of Court settlement.

£10,000 of the damages was attributed to "pain, suffering and loss of amenity."

Past and future loss of earnings was awarded in the sum of £62,500.

£2,500 was accepted in respect of travel costs, care, miscellaneous expenses and prescription costs.