Lady Solicitor Personal Injury Claim Lady Justice Old Bailer

Injury at Work Leads to Stroke 2 Months Later

Our client was a 64-year-old self-employed building contractor from Kidwelly, Carmarthenshire, Wales, who had been employed by the Defendants to carry out repair and renovations works on a substantial countryside property in Llansteffon.

He was involved in two incidents at work in one day.

In the first instance, he was working on renovating a stone wall in a courtyard when a scaffolding plank struck him on the shoulder, knocking him from a trestle on which he was working.

Later that same afternoon whilst assisting a colleague, he tripped and fell on an uneven area of concrete paving. He fell to the floor, striking his head and was knocked out temporarily.

Following these accidents, our client suffered headaches and occasional interferences with his vision. These symptoms continued for two months when he suffered a stroke, which had a seriously debilitating effect upon him.

Liability for the claim was denied. Although it was accepted that an employer owes a duty of care to employees to provide a safe place of work, the Defendant said it had no direct control over the way in which the Claimant carried out his work - and in any event, the broken and uneven area of concrete did not constitute a hazard.

Despite the denial of liability, the claim was pursued on a No Win, No Fee basis.

A medical report was obtained from an A & E Consultant. The Claimant's medical evidence was disputed and, as a consequence, the Defendants obtained their own medical reports from a Consultant Neurological Physician and a Neuro-Radiologist. The main medical question in this complex case was whether our client’s stroke could be attributed to the head injury he had suffered some two months earlier.

After much debate, the medical experts agreed that his stroke was, on the balance of probabilities, a direct result of his head injury at work.

As a consequence, and given the Defendant's denial of liability, our client decided on our advice to put forward an offer to settle a claim that took into account the evidential difficulties his case faced and the issue of contributory negligence.

The Defendants accepted the offer and the client received a considerable lump sum in compensation, plus his legal costs.

We are highly experienced in dealing with complex claims involving difficult 'causation' issues where the medical evidence is crucial to achieving a successful outcome. Call us on 0800955 1038 for a Free, no obligation chat.