£905,316 awarded for serious workplace arm injuries
In 2014 compensation of £905,316 was awarded to a 44 year-old man for injuries to his left arm leading to development of complex regional pain syndrome following an accident at work.
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The claimant worked as an HGV driver for the defendant. A company JCB had been vandalised. The company manager gave the man the JCB keys asking him to move it.
The windows of the JCB had been smashed. The claimant climbed the steps on the side of the vehicle but was unable to open the door from the outside. He attempted to reach in through the window but slipped and lacerated his left arm.
The claimant suffered damage to the radial artery, median nerve and flexor tendons. Later he developed type II complex regional pain syndrome.
The symptoms included intense burning pain, skin sensitivity, swelling, muscle wasting, muscle atrophy and tightening of the skin.
Extensive treatment was given including a nerve graft. A course of sympathectomy treatment caused pain in his left shoulder, left arm and left anterior chest. He suffered Horner's syndrome where a drooping eyelid affected his vision.
Surgery to correct the Horner's syndrome was successfully carried out.
Despite treatment the claimant was left with a virtually functionless left arm and hand. He was dependant on others and became depressed.
He required significant care and support and was unable to work. He would not be likely to work again.
It was alleged that the company were negligent insofar as the manager exposed the claimant to foreseeable risk by asking him to move the vandalised JCB.
The injuries caused led to severe disability. The man would not work again.
The defendant maintained that the claimant contributed to his injuries through choosing to reach in through the broken window.
Conclusion and settlement
Liability was admitted in part and the matter did not proceed to a Court hearing.
The claimant received 85% of the value of his injuries.
Compensation of £905,316 was accepted by way of out of Court settlement.
£100,000 was attributed to "pain, suffering and loss of amenity."
£490,000 was awarded for past and future loss of earnings.
Past and future care costs of £343,000 were accepted.
£25,000 was awarded for treatment expenses.
The remaining damages included pension contributions, miscellaneous expenses and the cost of transport, aids and equipment.
How can Quittance assist?
If you have suffered an injury to your arm and would like to discuss the possibility of claiming compensation - call us on 0800 612 7456 or request a callback at a time that suits you.
How can Quittance help?
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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.