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A compensation claim for a lorry driver who fell from the roof

A lorry driver, who fell from the roof of the lorry suffering complicated fractures to his heels, recovers substantial damages

Levenes have succeeded in a claim of a lorry driver, who fell from the roof of his trailer and suffered serious injuries to his feet.

As is increasingly common these days for tax reasons, the Claimant worked on a self-employed basis, operating through his own 1-person limited company employing just himself. His company provided his driving services to a screeding company. He was required to drive a lorry used for transporting screeding material which has a pump to enable the material to be pumped out on site. His duties included climbing on top of the lorry so that he could then level the material after the lorry had been loaded and close the roof.

The Claimant fell when he was performing his duties. On the day of the accident, it was windy, and it was drizzling. There was nothing to hold on to, and as the Claimant was about to descend from the top of the lorry, he lost balance and fell from the roof of the lorry to the concrete ground below, a distance of approximately 4 metres, and suffered serious injuries involving complicated fractures to his heels.

Legal help for serious injury

The Claimant underwent surgery involving metal implants in one of his feet and his recovery was very long. He was unable to return to work.

The facts were complicated as due to the fall, the Claimant could not exactly remember the last moments leading to the accident. Although he had some loss of memory, fortunately, he did not suffer a significant head injury.

Self-employed accident at work- Can I claim?

Levenes were able to pursue the claim against the screeding company for whom the Claimant provided his services. Regardless of his self-employed status, based on the facts of this case this company was regarded as his employer and were obliged to provide safe equipment and a safe system of work. It was their lorry he drove, and they were responsible even though he was technically self-employed.

What happens if a claim is denied?

The Defendant company tried to blame the Claimant for the accident suggesting that he did not use the personal protective equipment provided to him and that against their instructions, he did not seek help from another colleague. In fact, the Claimant was never properly trained as to how to use the protective equipment and it was never assembled to enable him to use it. There was not enough staff on premises and in reality, he could only rely on himself.

Levenes succeeded in proving that the Defendant company were responsible for the Claimant’s accident.

Serious Injury Claims

The Claimant was examined by an expert orthopaedic consultant, who provided a report setting out an opinion and prognosis on his injuries and recommended treatment. Based on this evidence, the Claimant was able to claim loss of his past and future earnings, care and assistance received from his family and friends, as well as his medical and travel expenses.  He also managed to secure damages to enable him to arrange his future treatment involving surgery on a private basis. This enables him to seek treatment in any hospital of his choice and will speed his recovery. 

Furthermore, due to the functional restrictions in his injured foot, the Claimant was unlikely to be able to return to his pre-accident work. He was limited in any activities including climbing, prolonged walking or standing, as well as heavy lifting. The Claimant was able to recover his predicted future losses arising from the change of his circumstances on the open labour market.

The Claimant recovered substantial damages for his injuries, losses and expenses.

Accident at work Solicitors

If you have been in injured in an accident at work as a lorry driver, then you might be entitled to make a claim for compensation.

Get in touch today and find out within 1 hour if you have a claim. Call us on 0800 048 2355 or request a call back now. 

Compensation claim for a lorry driver who fell from the roof

25 Jul 2022Accident at Work

Claim in confidence today 0800 048 2355 or leave your details below to find out within an hour if we can help.

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Hello Raquel, I really would like to thank you for your great work. I appreciate very much your help, advice and professionalism dealing with my case. I want to add I am completely satisfied with the achieved result. Tobias