London and Birmingham based solicitors specialising in Personal Injury & Accidents at Work, Education, Disability and Crime

Back Injury claim settled for £75,000

John Walters*

A few weeks before he was due to be made redundant 62-year old John Walters was lifting metal sheets in an awkward crouching position at work when he suffered a back injury, which left him unable to work. A claim was made against the insurers of his employers on the basis that Mr Walters had been exposed to unsafe lifting practices and mechanical aid should have been provided to prevent the necessity of the manual handling operation in question.

The Defendants were persuaded to admit liability but there were significant differences between the two sides as to the value of the claim. The Defendants initially sought to argue that Mr Walters would have been redundant shortly after the accident in any event and hence had only a very restricted claim for loss of earnings. Further, as a man approaching 63, his realistic chances of finding work thereafter would have been extremely limited. Levenes, on behalf of Mr Walters, argued that Mr Walters would have worked not only up to normal retirement age of 65, but beyond, probably retiring only as late as the age of 68. Further, it was argued that Mr Walters enjoyed his work and was specifically entitled to compensation for loss of the congeniality of the work environment.

Evidence was obtained from ex-work colleagues which established that there was a thriving labour market for skilled metal workers such as Mr Walters and that, because of the skills acquired in a lifetime’s experience, he would have been valued in the jobs market. A number of specific job opportunities were identified which would have been open to Mr Walters.

Following further negotiations with Defendants on the basis of this evidence, Mr Walters accepted a settlement figure of over £75,000, with his legal fees paid on top.

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