Case Study: £2.23 Million Settlement for Warehouse Worker After Below-Knee Amputation

Rob Aylott

Overview

Osbornes Law secured a £2.23 million settlement for a warehouse worker who lost part of his leg in a collision between two warehouse trucks. The defendant initially denied any responsibility, but expert health and safety evidence showed that the warehouse layout, vehicle speeds and safe-distance rules were all unsafe. The case settled at a joint settlement meeting on a 50/50 basis. Rob Aylott, Head of Major Trauma, led the claim.

The accident: two warehouse trucks collided

Our client, originally from Hungary, was working as a warehouse assistant at the defendant’s site. He was driving a powered pallet truck (PPT) when he collided with the rear of a clamp truck operated by a co-worker.

The clamp truck had braked suddenly because the driver had been distracted by a co-worker shouting across the warehouse, rather than communicating using the radio handset (RF gun) provided for that purpose. As the powered pallet truck struck the back of the clamp truck, the clamps cut into one of our client’s legs, causing such severe damage that the leg had to be amputated below the knee. His other leg was also seriously injured.

Why the accident happened

The investigation into the collision revealed several layers of unsafe practice at the warehouse:

• Vehicle speed limits inside the warehouse were too high for the premises.
• Recommended safe stopping distances were not being achieved at the speeds being driven.
• The safe distance to travel behind another vehicle was inadequate.
• Communication between operatives was being conducted by shouting rather than by the radio handsets supplied for that purpose.

The defendant denied liability in full. Our client was facing a complete denial of his claim at a point when he was already living with a major amputation and the loss of his livelihood.

Building the case with expert health and safety evidence

Rob Aylott instructed an expert in workplace health and safety to assess the warehouse layout, the equipment, the speed limits and the communication procedures in place at the time of the collision. The defendant instructed its own health and safety expert.

After exchange of expert reports, the defendant accepted that the accident was caused in part by the unsafe systems of work at the warehouse. Liability was compromised on a 50/50 basis. This allowed the claim to progress to a full valuation of damages while preserving the client’s right to recover compensation.

Interim payments funded prosthetics and adapted accommodation

With liability resolved on a 50/50 basis, the defendant’s insurers agreed to substantial interim payments while the value of the claim was being assessed. These payments allowed our client to be fitted with properly specified prosthetics and to move into single-level adapted accommodation suited to his mobility needs. The early funding of prosthetics and housing made a measurable difference to his rehabilitation and quality of life.

The £2.23 million settlement

The case was concluded at a joint settlement meeting before trial, with the defendant agreeing to pay £2.23 million in damages. The settlement reflects the 50/50 liability split applied to the full lifetime value of the claim, covering prosthetics, accommodation, care, loss of earnings and pain and suffering.

Claimant counsel Joel Donovan KC of Cloisters Chambers represented the client at the joint settlement meeting.

How we can help

Our personal injury solicitors handle high-value amputation claims and accident at work claims, including cases where the employer or another defendant denies liability at the outset. The right expert evidence often turns a denied case into a substantial recovery. We act on a no win no fee basis and have specialist Hungarian, Romanian, Polish, Bulgarian and other multilingual lawyers who can support clients in their own language.

To speak to our team about your claim.

• Fill in our online enquiry form; or
• Call us on 020 7485 8811.