Case Study: Fall From an Unsuitable Ladder at Work

Miss C Was Awarded £10,000

JMW has helped a woman obtain £10,000 in compensation from her employers after she fell and injured herself whilst using unsuitable ladders.

Miss C made a claim against her employers after falling from an unsuitable ladder at work.  She got in touch with JMW Solicitors to handle her claim.

The claim

Miss C was asked to get a fan from a shelf in the warehouse of her work premises.  She used a ladder which slipped from underneath her, causing her to fall to the ground.  Miss C had already taken her case to another firm of personal injury solicitors, however they didn’t think it was a good prospect for success and stopped dealing with her.

Transferring the case

Miss C got in touch with us through a former JMW client.  We were delighted to take on her case and asked Miss C's previous solicitor for her case notes.  The solicitor then forwarded documents that the defendant's solicitor had provided, including: 

  • A certificate of achievement from her organisation’s induction process.
  • A certificate of achievement from a Health and Safety Awareness course.
  • A “Working at Height” Risk Assessment.
  • A witness statement from Miss C’s company

The defendant’s solicitor denied liability for Miss C’s accident. They claimed that Miss C used the wrong ladder when she was in the warehouse, and had training that made her aware of the right ladders to use in any given situation.

Miss C disputed this, and told us that the training she was given was not relevant to her position.  She also told us that the ladder she used had been used as standard in the company, when it was required to get to the shelf she had been reaching.

Getting a settlement

The defendant’s solicitor contacted us, agreeing to consider settling Miss C’s case if they could have an independently prepared medical report and a Schedule of Loss, outlining all of Miss C’s quantifiable losses.

The medical report confirmed that Miss C had suffered a bump to her head and bruising to her head and right knee, as well as pain and stiffness in her lower back caused by a soft tissue injury, all as a result of the accident.  It also recommended that Miss C be referred to a Consultant Orthopaedic Surgeon in light of ongoing trouble she was having with the knee.  Miss C decided not to seek the advice of the Surgeon, she wanted to simply get her claim settled.

Wendy then sent this report to the defendant’s solicitor, to encourage them to settle the case for an appropriate level of compensation.  She also sent them Miss C’s Schedule of Loss.

Final settlement

There was no response from the defendant’s solicitor regarding the claim, and we had to keep pressing them to respond to her contact.  Although they refused to admit liability for Miss C’s accident, we were eventually able to encourage the defendant’s solicitor to respond.  The defendant’s solicitor made an offer of £10,000 to settle Miss C’s case, which she happily accepted.

Have you also been hurt at work?

If you believe it is the fault of somebody else, speak to our solicitors for free, no obligation advice on whether you can make a claim. Call us on 0800 054 6570 or fill in our contact form.  

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