If you suffer an accident at work that is not your fault, you can be reassured that a good personal injury lawyer will see to it that you are compensated fairly. In a case on point, a tree surgeon who was struck by a falling branch was awarded six-figure damages against his former employer.
The man, then aged in his late 30s, was holding a chainsaw when a colleague lost control of the heavy branch, which landed on him, causing immediate and searing pain. The spinal fractures he sustained were said to have triggered chronic pain syndrome and disabilities that seriously affected numerous aspects of his daily life and prematurely ended his much-loved forestry career.
After he launched a personal injury claim, judgment was entered against the company that employed him at the time. The company acknowledged that he had developed a chronic pain condition. In contesting the value of his claim, however, it disputed the severity of his ongoing disabilities and the extent to which they could be attributed to the accident.
Ruling on the case, the High Court found that he was anxious to maximise the amount of his compensation. He had at times exaggerated his disabilities and underplayed his physical capabilities. Symptoms arising from pre-existing degenerative changes in his back would in time have led to chronic pain syndrome and the end of his career in any event. Once the dust of litigation settled, focused rehabilitation work would be likely to dramatically improve his condition.
The Court nevertheless found that it was a nasty accident which restricted his day-to-day activities and caused him significant pain, suffering and loss of amenity. His total damages award of £275,063 included substantial sums in respect of care and rehabilitation costs together with past and future loss of earnings.