Mr L was a plant operator at a construction site when he sustained a serious open crush injury to the front of his right foot.

Mr L had been operating a digger. He had paused to load tools into the bucket at the front of the digger, when a forklift truck collided with the digger, causing the digger’s bucket to fall and trap Mr L’s foot. A claim for compensation was made against the developers of the site, who were responsible for the forklift truck and its driver which had caused the accident.

Nelsons subsequently secured for Mr L:-

• An admission of liability.
• An interim payment of £7,500.

As a result of the serious injuries sustained by Mr L, it was clear that it would be some time before the medical position could be properly assessed, hence the interim payment given to cover the loss of wages suffered by Mr L following the accident.

The Accident at Work Led to a Hospital Stay and Surgery

The injury to Mr L comprised fractures of the neck of the 2nd, 3rd, 4th and 5th metatarsals, a segmental fracture of the shaft of the 3rd metatarsal, and a fracture of the neck of the proximal phalanx of the big toe, along with various lacerations.

Following the accident, Mr L was detained in hospital where his initial treatment and the cleansing of his wounds took place under general anaesthetic. Three days later, he had to undergo a Kirschner wire fixation of the fractured metatarsals.

His treatment continued and 9 days later Mr L had to undergo further treatment under general anaesthetic to remove dead tissue. He was then unable to return to work for nearly 6 months, and when he did return, was unable to continue all the duties he previously undertook, particularly operating the heavy pedals on a digger.

As well as the physical injuries, Mr L became depressed and suffered panic attacks following the accident. He was subsequently diagnosed suffering from a prolonged depressive adjustment disorder with chronic mild fluctuating depression. A diagnosis of mild post traumatic stress disorder was made partially attributable to the accident.

Expert medical evidence was obtained by Nelsons on behalf of Mr L from an Orthopaedic Trauma Surgeon, a Consultant in Plastic and Reconstructive Microsurgery and a Consultant Psychiatrist. Court proceedings were commenced and negotiations with the Defendants’ Solicitors continued for some time.

Compensation for the Injury was Successfully Recovered

Chris Stansfield was able to agree a settlement and recover £45,500 in compensation for Mr L. This included:-

• Damages for Mr L’s injuries.
• Compensation to reflect the fact that Mr L would find it difficult to get another job due to the ongoing effects of his injuries.
• Loss of wages.
• Compensation to reflect the care and assistance provided during the period of his incapacitation by family and friends.
• The costs of future private revision surgery, with future care and assistance provided for.
• Miscellaneous costs, including damaged clothing footwear and medication.

Read more about the accident at work cases that Nelsons have handled by visiting our Personal Injury case studies page.

For advice on pursuing a claim for compensation please contact a member of our Personal Injury team.