Thompsons secured £27,000 in compensation for an NHS clinical associate psychologist who suffered a head injury after a ceiling access panel fell and struck her while she was working in her consulting room at the Buchanan Centre in Coatbridge. The claim was pursued after her union, Unite, referred her to Thompsons following the incident.

This case study relates to the compensation claim of an NHS worker who was injured during the course of her employment on 15 October 2019. She sustained a head injury due to a workplace accident involving a falling object.

What happened

The claimant was employed by NHS Lanarkshire as a clinical associate psychologist at the Buchanan Centre in Coatbridge. Her role involved providing therapy to NHS patients.

On 15 October 2019, she arrived at work at around 7:40am and sat at her desk in her consulting room to complete paperwork relating to one of her patients.

Without warning, a circular metal access panel from the suspended ceiling fell and struck her on the head. The panel had been installed around three years earlier to provide access to pipework above the ceiling.

She immediately felt pain at the top and back of her head and heard a loud crash as the panel fell.

Injuries and Impact

Although she initially attempted to continue working because her first patient of the day was waiting, she began to experience ringing in her ears and difficulty concentrating.

Her manager advised her to attend the Accident and Emergency department at Monklands University Hospital, where she was given advice for concussion.

In the days following the accident, her symptoms worsened. She experienced pain in her head, neck, right ear and right jaw, along with nausea, fatigue and disturbed sleep.

She also experienced memory problems, difficulty concentrating and visual disturbances, including seeing coloured shapes in the peripheral vision of her left eye.

Her GP initially signed her off work for three weeks. However, her symptoms continued and she remained off work following an occupational health review in November 2019. She was prescribed amitriptyline to manage ongoing headaches.

Because she was unable to work, she lost income from an overtime clinic which normally provided around £90 per week. Her symptoms also made it difficult to complete household chores and prevented her from exercising or enjoying her hobbies.

Legal Approach

Thompsons Solicitors Scotland pursued the claim after being instructed through the claimant’s union, Unite.

A claim was intimated against NHS Lanarkshire, her employer, and North Lanarkshire Council. Both defenders initially denied liability, each arguing that the other was responsible for maintaining the building.

Court proceedings were raised in the All-Scotland Personal Injury Court and a provisional proof date was fixed.

To assess the extent of the injuries, Thompsons arranged for the claimant to be examined by a Consultant in Emergency Medicine, a Consultant Psychiatrist and a Consultant Neurologist. These experts diagnosed post-concussion syndrome with ongoing symptoms.

The medical evidence indicated that the symptoms were expected to continue for several years. As a result, Thompsons also pursued a loss of earnings claim in relation to the overtime work the claimant could no longer undertake.

Outcome

The case proceeded to a pre-trial meeting, but settlement could not be reached at that stage.

Shortly afterwards, the defenders made a formal offer of £27,000 in compensation, which included £2,600 to be repaid to the NHS as recoverable benefits.

After reviewing the circumstances of the case, Thompsons advised that the offer was reasonable and that a higher award was unlikely if the matter proceeded to court.

The claimant agreed to accept the offer.

Thompsons secured £27,000 in compensation for the claimant and the case settled on 5 August 2022.

What the case shows

This case highlights how workplace injuries can occur when building fixtures and workplace environments are not properly maintained.

Employees injured while carrying out their duties may be entitled to pursue compensation through accidents at work claims. Thompsons can often support clients through the claims process under a No Win No Fee agreement.

Anyone seeking advice about a similar incident can contact Thompsons to discuss their situation.