David Phillips and Partners have successfully concluded a 55 year old Cheshire man’s claim for compensation arising from an accident at work which occurred on 8 November 2007.
He was employed as a Heavy Goods Vehicle Driver and Deliverer and was moving a freezer with a colleague when the freezer fell onto him causing injury to his left wrist and hand.
A suspected scaphoid fracture was actually diagnosed as bruising and a soft tissue injury, but was treated very much as a fracture would be with a brace and then a plaster of Paris cast applied and then re-applied before he was given a Futura splint.
By February 2008 it was thought he had developed Complex Regional Pain Syndrome and this was confirmed in medical reports which were obtained as his case progressed. He continued to suffer pain and continued to be treated by the hospital.
The Claimant also suffered psychological trauma as a result of the accident.
Whilst liability for this accident was accepted by his employer’s insurers, they went to great lengths to challenge our client as to his injuries and his losses.
It was the Claimant’s case that he would be significantly prejudiced in the labour market as a result of his injuries, having had to leave his job in August 2008.
The Defendant arranged video surveillance of our client on several occasions in 2009 and then again in 2011. The Defendant did not accept that our client was genuine in his suffering.
An offer of £75,000.00 was made to settle the claim but this was rejected as being too low.
David Phillips & Partners guided the Claimant through difficult and lengthy County Court Proceedings as we sought to prove that the Defendant was wrong to question the genuine nature of our client’s suffering and losses.
Negotiations resulted in the Defendant agreeing to pay £177,500.00 in settlement of the Claimant’s claim, significantly more than double the Defendant’s previous offer.
Our Senior Solicitor, Bernard Morron, who conducted the case says, “ Complex Regional Pain Syndrome is not an easy medical condition to assess. The word complex in the title speaks for itself.
“Just because it is complex does not mean a Claimant is not genuine. I never doubted that my client was genuinely suffering and I knew that if we fought for him, we would achieve a good result.
“Insurers often do this, they engage in surveillance tactics and make inadequate offers. However, with hard work and determination the desired result can be achieved. That is what we strive for every day here at David Phillips & Partners.”
And speaking for our client, his wife says “We would just like to say thank you for all your hard work, patience and understanding, without this we could not have gone on for as long as we did.”