We have recovered £253,000 compensation in a carer injury claim
Our client worked as a domiciliary carer, providing care in the community to a number of service users in their own homes. She loved her job and found it very fulfilling, describing it as her ‘vocation’.
However, while she was assisting a patient out of bed the mechanical hoist she was using failed. The patient fell and our client, knowing she was frail, tried to save her. This caused an injury to her back, shoulder and hip.
Her GP initially thought it was a mild soft tissue injury from which she would soon recover and signed her off work for a short period of time. She therefore fully expected to get back to work, but unfortunately the pain did not resolve. Instead it became more and more severe.
She made contact with us to find out about recovering compensation as her employer was being very difficult in relation to paying her sick pay. We agreed to deal with her compensation claim on a No Win, No Fee basis.
The manufacturer of the hoist admitted legal responsibility for the failure of the equipment they had supplied. This meant that our client was eligible to receive compensation, but the amount would depend on the severity of her injuries.
Because she was continuing to suffer pain we asked an independent orthopaedic surgeon to prepare a report on her injuries. The orthopaedic surgeon recommended treatment, including steroid injections and physiotherapy. Unfortunately these treatments, although giving some short term relief, did not have the hoped for effect.
Our client was also suffering psychologically due to her ongoing pain and immobility. We therefore obtained further reports from an independent psychologist and a consultant in pain management. These reports confirmed that she had developed a pain syndrome as a result of the accident. This is a poorly understood condition. Most pain syndromes are triggered by injury, but the resulting pain is much more severe and long-lasting than would normally be expected.
The consultant in pain management recommended a course of treatment including specific psychotherapy and a residential course to help our client cope with, and manage her pain. We obtained an interim compensation payment from the insurance company for this treatment to go ahead.
We then arranged what is known as a Joint Settlement Meeting. This is a “without prejudice” meeting between the parties and their lawyers which allows everyone to discuss the case openly in an attempt to reach agreement.
After a full day of negotiation we agreed a total settlement package of £253,000. Our client was delighted with the outcome of the claim as the money was sufficient to enable her to live without financial worries and live as independently as possible.
