Minimally Conscious Accident Victim Gets Seven-Figure Compensation

Accidents at work can have devastating consequences and it is very often true that no amount of money can ever make up for the pain and suffering involved. A case concerning a man in a minimally conscious state showed, however, that specialist lawyers can at least help to soften the…

Dec 16, 2021

The middle-aged man was working as acting foreman for a manufacturing company when the accident occurred. He was helping out short-handed contractors in the factory where he was employed when he fell from height. The precise circumstances of the accident remained unclear, but he had received no training whatsoever in working high up. He sustained catastrophic head injuries and had never regained consciousness.

His condition was closely aligned to a persistent vegetative state but he had retained some level of minimal consciousness. Cared for in a nursing home, he responded to contact with his wife and family. Experts were of the view that his condition would not improve and that his life expectancy was relatively short. His wife, however, firmly believed that he would get better and that he would live for many more years.

After proceedings were brought against the contractors and his employer at the time, primary liability for the accident was acknowledged. The value of his claim was disputed and it was argued that he was in part responsible for his own misfortune. His legal team, however, managed to cut through those difficult issues by negotiating a £1,050,000 lump-sum settlement of his claim.

Approving the settlement, the High Court noted that the money would be used to top up his NHS-funded care regime. The accident was a tragedy for him and his family and the Court was moved by the great difficulties his wife had faced in visiting him and assisting in his care during the COVID-19 pandemic. All involved in the case hoped that she was right in her conviction that his condition would improve. Her care for him since the accident had been quite remarkable.

Asbestos Case Focuses on Chemistry Lab Heat Mats Phased Out 50 Years Ago

Anyone who worked in a chemistry lab or who was at school more than 50 years ago is likely to remember the ubiquitous asbestos mats on which Bunsen burners rested. In a sad case that vividly evoked the past, the High Court considered whether their presence can give rise to employer liability in the 21st century. The case concerned a man who worked as an NHS hospital lab technician between 1949 and 1960. He was 86 in 2019 when he was diagnosed with mesothelioma, a form of lung cancer almost…

Exposure to Toxic Substances at Work – Guideline Court of Appeal Ruling

Exposure to toxic substances at work is often cited as a possible cause of diseases developed later in life. However, as an important Court of Appeal ruling made plain, establishing the plausibility of such causal links may not, by itself, be enough to succeed in an occupational injury claim. The case concerned a man who developed Parkinson’s disease after working for an industrial employer for almost 40 years. After he launched a personal injury claim, a judge found that he had been exposed on…

ET Upholds Supermarket Worker’s Sexual Harassment Complaint

Those who endure the crushing experience of sexual harassment in the workplace owe it to themselves to seek legal redress. The point was made by the case of a supermarket worker who found herself immersed in a ‘man’s world’ where sexualised comments and behaviour went unchecked. The promising teenager, who worked for a supermarket chain for about two and a half years, achieved swift promotion to shift manager. Following her resignation, however, she launched Employment Tribunal (ET) proceedings…