Our 57-year-old client was working as a plumber on a new hotel building site working through an agency that was subcontracted to a construction company which subsequently went into liquidation. Another scaffolding company were also subcontracted to that construction company.
While the claimant was leaving the building through an authorised access route, a scaffolder dropped a scaffold plank from a second-floor elevation striking the claimant on the head. He was wearing a hard hat at the time. The claimant suffered a moderate traumatic head injury, concussion syndrome, post-traumatic stress, displaced fractures of the c5-c7 level, and fractures at the T6 level with the loss of disc height and cuts.
At the time of settlement, the claimant was physically fit for light work that did not involve bending and heavy lifting, but he was psychologically still unfit for work until he has undergone a further course of counselling.
The claimant was assisted through rehabilitation and received counselling and physiotherapy as well as aids and equipment to help him recuperate. He received £65,000 in interim payments, all of which had to be subject to a court application.
All three defendants initially denied liability blaming each other. The case went to trial and was settled when the defendants accepted the claimant’s Part 36 offer of £500,000 after each side obtained expert evidence from six specialists.
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