Levenes represented a client who suffered a serious knee injury involving an anterior cruciate ligament (ACL) tear, when he fell from a trailer, which he was cleaning.
Levenes were instructed by Mr G, who worked in a poultry factory. In the course of his work duties, Mr G was instructed to climb on the back of the trailer used for delivery of live chickens and hose it down.
The surface of the trailer was made of metal and slippery, particularly when wet.
Within each trailer floor were two gullies, some 10cm deep and about 20-30cm wide, and each was sufficiently wide for a person’s foot to be placed into the gulley. There was nothing to prevent Mr G from falling from the edge of the trailer.
Mr G was instructed to clean a particular trailer as his colleague had gone off on a break. He followed the instructions for the cleaning of the trailer. He placed wheeled steps at the rear of the lorry and accessed the trailer bed. He then stood in the centre of the trailer, hosing down the floor with warm water from a pressure hose. Mr G was slowly walking backwards with the pressure hose, hosing the floor and as he did so, he accidentally stepped with his left foot into a gulley in the floor losing his balance and falling from the side of the lorry to the ground below.
As a result of the fall, Mr G suffered multiple injuries, including an injury to his knee involving an ACL tear.
Denial of liability
The insurers for the poultry factory denied liability for the accident blaming Mr G for falling.
At the time, Mr G was represented by a different firm of solicitors, who did not believe that they could win the case and they would not risk commencing court proceedings. They turned Mr G’s case down and closed their file.
Having considered the evidence in the case, Levenes agreed to take it over and issued court proceedings.
Levenes properly investigate and fight your case
Levenes concluded that the medical report, which the previous solicitors advised Mr G to rely upon, did not do justice to the true nature of his injuries and ongoing restrictions.
When it was discussed in detail with Mr G, it turned out that the expert concluded that Mr G fully recovered from his knee injuries in 6 months, when in fact, at the time he was still undergoing treatment and was on light duties at work. Mr G required further surgery for his knee over 2 years after disclosure of the first medical report.
Levenes instructed a different knee expert, who expressed an entirely different opinion about the severity of Mr G’s knee injury, which included implications for his longer term needs.
The Defendant’s solicitors objected to Mr G relying on the opinion of the different expert and his more favourable opinion but Levenes made an application to the court and obtained the court’s permission to do so. Levenes in fact discovered that the first medical report was prepared by an expert, who was also Mr G’s treating consultant and therefore, due to conflict of interest, should have never been instructed as an expert in his civil case arising from personal injury at work. The court decided in Mr G’s favour.
High compensation award
Mr G managed to recover substantial damages in the case where other firm of solicitors had advised him that he had a hopeless case, which was not worth pursuing. This shows that the selection of a firm of solicitors, who have adequate expertise, is crucial in pursuing a claim for personal injury.
This case shows that you need expert solicitors who will properly investigate and fight your case. We cannot promise to take on any case rejected by other lawyers, but we will form our own opinion about the prospects of success of a claim even in difficult cases.
As long as we believe that you have a reasonable chance of success, we will not give up and we are not afraid to challenge our opponent in court.
If you require legal advice on bringing a claim for personal injury at work, please contact Levenes Solicitors on 0800 048 2355.