Case Studies
Bridge McFarland Client Secures £25,000 in Compensation Following Misfortune of Two Workplace Accidents at Sea Involving the Same Knee
Bridge McFarland LLP has secured £25,000 in damages for an ex Vessel Master in Grimsby who was involved in two separate workplace accidents which led to him sustaining significant injuries to the same knee.
In his first accident, our client was working on a dredger in the North Sea on a crane which had a double winch. He was attempting to retrieve a heavy chain from the seabed. As a colleague moved the crane chain forwards, the hook lifted in the air behind our client and hit his right knee causing a serious injury which needed hospital treatment.
He then had a further accident around eleven months later. Again whilst working on a Vessel our client had gone to retrieve an item from a paint store during his work and a mechanical swivel, which had been left there by another member of staff, fell and again landed on his right knee.
Blame for his first accident was quickly accepted by the Defendant’s insurers but we had a long-running battle in connection with blame for his second accident which was eventually resolved to our client’s satisfaction.
Prior to both accidents our client already had minor problems with his right knee, and as a result of a combination of these two accidents our client had to give up working at sea which caused him a great deal of distress.
As a result of both accidents, he suffered significant damage to his right knee which required surgery.
We needed to obtain expert evidence from an orthopaedic surgeon to establish how much of our client’s pain and suffering was due to each accident and how much was due to issues which our client had before his accident. All of this had an impact on the value of his claim.
Our client suffered a loss of earnings and needed a lot of help from family members after his surgery.
After a long legal fight, we were delighted to recover £25,000 in damages for our client. He has managed to secure work elsewhere which does not involve the dangers of working at sea.
At Bridge McFarland LLP we appreciate how much of an impact an accident at work can cause for our clients in terms of injury and forced time off work and we will always look to make sure that they are fully compensated.
FAQs
Am I eligible for government compensation?
If you have more than pleural plaques, you may be entitled to state benefits such as Industrial Injuries Disablement Benefit and Disability Living Allowance.
You may also qualify for a lump sum payment under the Workers’ Compensation Act scheme.
Even if you have not been exposed to asbestos through your own work, you may qualify for certain benefits/payments and you should contact us for more advice.
Can you claim compensation for pleural plaques?
The legal position in England and Wales is that they are not compensatable unless they are sufficiently extensive to cause symptoms. This is not often the case. In Scotland, the legal position is different and you should seek advice from a Scottish law firm if this affects you.
How much will I have to pay?
If you have a condition which is compensatable in the courts, then we will not have to ask you to pay anything. Your legal costs would be paid by the other side if you win your claim. If you lose your claim, you pay nothing.
Sometimes, if it not clear whether or not your condition is a compensatable one, we may ask you to pay the costs of a preliminary medical, so that we can find out more about your condition.
However, in most cases, you are not asked to pay anything. In any event, we would not incur any costs without your express prior agreement.
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