Settlement Date: September 2024
Settlement Amount: £20,000
Union: Unison
Case Handler: Seonaid Brophy, Partner, Thompsons Solicitors

Thompsons Solicitors were instructed to represent a Unison member who suffered an injury while working at a Care Home in 2019. The incident occurred when the client was assaulted by a resident, resulting in injuries to her shoulder, neck, and hip. In addition to the physical injuries, the assault also had a significant psychological impact on the client, leading to symptoms of post-traumatic stress disorder (PTSD).

Medical Assessments and Treatment:

Following the incident, Thompsons immediately intimated a claim to the member's employer. Liability was quickly admitted, allowing the case to move forward. Our client was examined by a Consultant Orthopaedic Surgeon, who confirmed the physical injuries sustained to her shoulder, neck, and hip. Recognising the psychological toll the assault had taken, he recommended a psychiatric evaluation.

We arranged for the client to be examined by a Clinical Psychologist, who confirmed that she was suffering from PTSD. The Psychologist recommended a course of cognitive behavioural therapy (CBT), which we arranged for our client. Following the conclusion of her treatment, the client made a good recovery, and it was confirmed that she no longer met the diagnostic criteria for PTSD.

Legal Proceedings:

To protect our client’s position due to the impending triennium (the three-year legal time limit for personal injury claims in Scotland), Thompsons raised court proceedings. Shortly after completing the medical investigations, an initial offer of £15,000 was made by the defenders.

While discussing this offer with the client and Counsel, it became clear that she was still experiencing ongoing pain and had been diagnosed with fibromyalgia. Given that it had been some time since her initial examination, we recommended that she be re-examined by our orthopaedic expert to determine whether her ongoing symptoms were related to the workplace incident.

Upon re-examination, our expert confirmed that while she did have some low-grade symptoms in her neck, the fibromyalgia was not causally connected to the assault. He also confirmed that her ongoing symptoms would not prevent her from working until retirement age and that any limitations she experienced were due to fibromyalgia rather than the original workplace injury. 

Outcome:

After reviewing the updated medical reports, we submitted a counterproposal to the defenders. This resulted in an increased offer of £20,000, which was deemed a fair and reasonable settlement given the limitations of the medical evidence directly related to the incident. After discussions with the client and Counsel, she confirmed that she was satisfied with the offer and was happy to settle the case.

The case concluded in September 2024, providing our client with closure and a financial settlement for her injuries.

Seonaid Brophy, Partner at Thompsons Solicitors, commented on the case: "This case presented a challenge due to the complexities of separating the client’s fibromyalgia symptoms from those caused by the original incident. However, through careful negotiation and thorough medical investigations, we were able to secure a very reasonable settlement. Our priority was to ensure our client received fair compensation for both her physical and psychological injuries, and we are pleased that she is now able to move forward."

Conclusion:

This case demonstrates Thompsons Solicitors' commitment to securing fair compensation for clients, even in cases where medical evidence is limited. By ensuring our client received proper medical treatment and advocating for a settlement that reflected the extent of her injury, we were able to achieve a successful outcome.

If you or someone you know has been injured at work, contact Talk To Thompsons to discuss your case. We are dedicated to helping you get the compensation you deserve.