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NHS Employee's Office Accident Claim

Thompsons Solicitors Scotland
Thompsons Solicitors Scotland

After suffering an injury at work our client was referred to Thompsons Solicitors in Scotland via her union, Unison, to pursue her office accident claim.

The background

Our client is employed by Tayside NHS as a Registered Nurse at a hospital in Dundee. On the date of the incident in December 2017, she had been working at her desk in her office when a shelf fell from the wall and struck her on the head, neck and shoulder.

Following the accident she went straight to the hospital's A & E department

A joiner came to fix the shelf and noted that the wall fixings were not appropriate and he was surprised it had not fallen previously.

The consequences

The work accident injuries caused our client to retire earlier than she had planned.

Thompsons personal injury solicitors intimated a claim in terms of Regulation 3 of the Management of Health and Safety at Work Regulations 1999; Regulation 13 of the Workplace (Health, Safety & Welfare) Regulations 1992 and Regulations 4, 5 and 6 of the Provision and Use of Work Equipment Regulations 1999. Liability was denied.

We instructed a Consultant in Accident and Emergency medicine to examine our client and it was confirmed that she had suffered a closed-head injury causing post-concussion syndrome lasting two days. She had also suffered a soft-tissue injury to her neck and shoulder which would be resolved within two to three years.

The settlement

Unfortunately, the COVID-19 pandemic caused a delay in the journey of this case through the court as the initial court date was discharged.

The defenders intimated their own medical evidence and eventually offered a compensation settlement sum of £3,750.

Thompsons maintained that loss of earnings and pension meant this amount was too low and we made a counter offer of £15,000 to enable swift settlement.

The defender then offered £10,000 and it was Thompsons recommendation to our client that this was a reasonable sum considering the full circumstances of the claim and both parties' positions.

Our client was happy to accept the offer and settlement was agreed on 15 March 2021.

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