Thompsons Scotland LLP was instructed by a USDAW member who was injured while working at Greggs. The incident occurred when she was walking from the toilet to the main shop floor. Unfortunately, her foot got caught on a chair that had been used to prop open a fire exit door, causing her to fall and sustain a serious injury - a fractured elbow. The injury required surgical intervention.
Initial Steps:
Upon being instructed, we immediately intimated a claim to Greggs, the employer. Liability for the accident was promptly admitted by Greggs. To accurately assess the extent of the injury, our client was examined by a Consultant Orthopaedic Surgeon. Although the initial prognosis was unclear, the expert recommended that our client be re-examined in 18 months to better understand the long-term implications of the injury.
Medical Assessment and Evidence:
After the 18-month period, our client was re-examined by the Consultant Orthopaedic Surgeon, who concluded that the injuries sustained in the fall were permanent. He also determined that our client had suffered a significant loss of employability due to the injury.
Negotiations:
We presented the medical evidence to the solicitors acting for Greggs, which resulted in an initial offer of £50,000. After thorough discussions with our client and counsel, this offer was deemed insufficient and was subsequently rejected. The primary challenge in negotiating future loss of earnings was the fact that our client was already past the state retirement age at the time of the accident, making it difficult to assess how long she would have continued working.
A subsequent offer of £65,000 was also rejected following discussions with our client and counsel. As a result, Thompsons Scotland LLP raised court proceedings on behalf of our client.
Settlement:
Shortly after court proceedings commenced, Greggs made a formal offer of £80,000. After careful consideration and further consultations with our client and counsel, it was agreed that this was a very reasonable offer. Our client was delighted to accept the settlement.
Conclusion:
This case, settled in August 2024, highlights the dedication and expertise of Thompsons Scotland LLP in ensuring that our clients receive the compensation they deserve. Through persistence and expert legal advice, we secured a settlement of £80,000, providing our client with much-needed financial support and justice after her injury at work.
