As we enter into December and head towards the end of year, you cannot help but reflect on the year that has just passed us by in what feels like no time at all. The pandemic has affected many businesses and our way of life, that goes without saying...
Our client contacted us following an accident at work which had resulted in an injury. Our client was a 47 year old roofer who fell from a second storey extension through an uncovered skylight due to a lack of scaffolding and an unsecured membrane. The skylight had been covered with a membrane but there was no supportive plywood underneath this. Therefore, when our client stumbled and fell onto the skylight whilst working on the roof, he fell through it.
Our client suffered a closed fracture to his spine. He largely recovered within two years but was left with some permanent low-grade lumbar backache which put him at a disadvantage on the labour market and he was not able to return to heavy manual work.
Primary liability was admitted but 25% contributory negligence was alleged. The client accepted that he ought to have checked whether the membrane was secured before working so settlement was reached on an 80/20 liability split basis, with the client accepting 20% responsibility for the accident.
A settlement was reached before it became necessary to issue proceedings. The total amount awarded to the client was £65,000 net of the liability split and his deductible benefits. Therefore the total value of the offer was around £100,000.