Settlement: £60,000
Case Handler: Jennifer Wallace, Partner
Case Type: Workplace machinery accident / employer liability claim
Client: Anonymous warehouse worker
After suffering serious injuries when a 2.5-tonne warehouse machine ran over her foot, our client sought legal help to pursue a workplace accident claim.
For around two years, another personal injury law firm dealt with her case. Ultimately, they decided they could not take the claim any further.
Our client could have accepted that this was the end of the road. Instead, she came to Thompsons Scotland for a second opinion.
Jennifer Wallace, Partner and specialist personal injury solicitor, looked again at what had happened, considered the circumstances surrounding the machinery accident and pursued the claim on her behalf.
The result was a £60,000 compensation settlement. For our client, it demonstrated just how important it can be to have the right specialist solicitor fighting your corner.
A Serious Workplace Machinery Accident
Our client worked in a large warehouse operating a low-level order-picking machine. The electrically powered machine weighed approximately 2.5 tonnes and was controlled using thumb-operated controls. It was used to move cages of goods around the warehouse.
At the end of a night shift, our client was returning the machine to its parking area. As she began reversing into an available space, something went badly wrong. According to our client, she removed her thumbs from the controls and expected the machine to stop. Instead, it suddenly accelerated backwards. The machine struck other equipment, and our client was thrown from the operating platform, it then ran over her left foot.
What had been an ordinary night at work changed in a matter of seconds.
Two Fractures and a Serious Open Wound
Our client was left in severe pain and unable to put any weight on her injured foot, her safety shoe had been badly damaged and blood was coming through her sock.
After receiving initial assistance at work, she was taken to hospital, where medical staff discovered a serious open wound to her foot, requiring strong pain relief and antibiotics, investigations confirmed that she had sustained two fractures and an open wound fracture.
The wound could not simply be stitched because of the damage to the skin. At one stage, there was concern that she might require a skin graft. She was placed in plaster and warned that recovery could take several months. The possibility of physiotherapy and having to learn to walk normally on her injured foot again was also discussed.
The Accident Changed Family Life Overnight
The impact extended far beyond the physical injury.
Our client went from being independent to spending much of her time in bed with her leg elevated. She required a wheelchair, crutches and a walking frame to move around. Her husband had to work from home to help care for her and their family.
Everyday moments she had previously taken for granted became difficult or impossible.
She could not take her children to school, she could not sit down and enjoy family meals in the usual way, she could not easily go upstairs to say goodnight to her children.
She was also unable to drive and needed help with normal household activities. The accident affected the whole family.
At the same time, our client was worried about her job and finances. She had only recently started the role when the accident happened and initially did not know whether she would be paid during her absence.
Alongside the pain and uncertainty over her recovery, this caused considerable additional stress.
She Wanted to Know Why the Machine Had Failed to Stop
Our client was clear that she had carried out the task in the way she had been trained.
Before using the machine, workers were expected to carry out safety checks, including checking the controls, horn, forks, wheels and general condition of the equipment. She had completed those checks.
The machine had also operated normally during her shift. Our client’s position was that when she removed her thumbs from the controls, the machine should have stopped, it did not.
One of the most frustrating aspects of the accident for her was not understanding why the machine had suddenly accelerated or what had been discovered when it was subsequently inspected.
These questions became important when considering the circumstances of her workplace accident claim.
Another Law Firm Decided Not to Take the Claim Further
Our client initially instructed another Scottish personal injury law firm.
Her claim remained with that firm for approximately two years before she was informed that they would not take the case any further.
That could easily have been the end of her claim.
But being turned down by one solicitor does not necessarily mean that you do not have a case.
Our client decided to seek another opinion and contacted Thompsons Scotland.
That decision ultimately resulted in a very different outcome.
Thompsons Scotland Took a Fresh Look
When the case came to Thompsons Scotland, Jennifer Wallace did not simply accept the previous decision, she looked at the claim again.
Jennifer considered the circumstances of the accident, how the machine was supposed to operate, our client's account of what happened, her training and the significant injuries and losses she had suffered.
Workplace machinery claims can involve difficult questions surrounding equipment, maintenance, systems of work and liability. They require careful investigation and an understanding of the duties placed on employers to protect workers from avoidable harm.
At Thompsons Scotland, we do not give up on a claim simply because it is difficult. We take the time to look carefully at the evidence, explore every available route and fight to secure the best possible outcome for our clients.
Where there is a legitimate route to pursue compensation, we will fight to secure the best possible outcome for our client.
In this case, that persistence mattered.
After another law firm had declined to proceed with the claim, Thompsons Scotland secured a £60,000 settlement.
From Being Turned Down to a £60,000 Settlement
The difference between the position our client was in when she first came to us and the eventual outcome was significant.
She came to Thompsons after being told that her existing solicitors would not take her claim any further.
She left with a £60,000 compensation settlement.
The compensation recognised the serious injury she suffered and the substantial effect the accident had on her mobility, independence, family life and finances.
Most importantly, our client had someone prepared to look again at what had happened and fight her case.
Jennifer Wallace
Jennifer Wallace
“When our client came to Thompsons, another firm had been dealing with her claim for around two years before deciding not to take it any further.
“We were not prepared simply to assume that meant there was no case. We looked at the circumstances afresh, considered the evidence and investigated the accident carefully.
“Our client had suffered a very serious injury. She went from being independent and looking after her family to being unable to walk properly, drive or carry out many ordinary daily activities.
“At Thompsons, we believe every client deserves to have their case properly considered. We took a fresh look at the evidence, investigated the claim thoroughly and continued to pursue it when we believed there was a case to be made. I’m delighted that this resulted in a £60,000 settlement for our client.”
Why Getting a Second Legal Opinion Can Matter
If one solicitor or law firm decides not to continue with a personal injury claim, it does not automatically mean another specialist solicitor will reach the same conclusion.
Personal injury cases can involve:
- Disputed evidence
- Difficult questions about liability
- Complex workplace equipment
- Conflicting accounts of how an accident happened
- Expert evidence
- Detailed investigations into an employer's systems and responsibilities
Different solicitors may assess those issues differently.
Our client's experience is a powerful example.
After approximately two years with another law firm, her case was turned down.
She sought a second opinion from Thompsons Scotland.
We investigated the case and ultimately secured £60,000 in compensation.
Frequently Asked Questions
Yes. Thompsons Scotland can consider personal injury claims that have previously been reviewed or handled by another solicitor.
A previous decision not to proceed does not necessarily mean that your claim cannot succeed.
You may have a claim if your injury was caused by unsafe or defective machinery or because reasonable steps were not taken to protect you at work.
The circumstances surrounding the equipment, maintenance, training and systems of work may all be relevant.
No.
You are not expected to determine the technical cause of an equipment failure yourself. A specialist workplace accident solicitor can investigate what happened and seek relevant evidence about the machinery and the circumstances of the accident.
Depending on the circumstances, evidence could include medical records, accident reports, witness evidence, CCTV, photographs, maintenance and inspection records, training documents and evidence of financial losses.
You do not need to have gathered all of this before speaking to a solicitor.
Compensation can take account of the pain and suffering caused by your injuries as well as financial consequences such as lost earnings, rehabilitation costs, expenses and assistance you have required from family members.
Every claim is assessed individually.
Has Another Solicitor Turned Down Your Personal Injury Claim?
Being told that your case cannot be taken any further can be extremely disappointing, particularly when you have suffered a serious injury and believe someone else was responsible.
But you do not necessarily have to accept that one decision is the end of your claim.
Thompsons Scotland specialises in representing injured people.
We will look carefully at what happened, consider the available evidence and give you clear advice about whether there is another route forward.
We cannot guarantee that every case previously turned down by another solicitor will succeed. But if we believe there is a case worth pursuing, we will investigate it thoroughly, explore every available option and fight to secure the best possible outcome for our client.
Our client was turned down after approximately two years with another personal injury firm.
Thompsons Scotland took another look and secured £60,000.
If another solicitor has turned down your personal injury claim, talk to Thompsons Scotland for a second opinion.
