Compensation achieved for client in complex accident at work case
This complicated accident at work case involved a client who was employed as an HGV driver in Edinburgh, specifically bin lorries. He sustained a crush injury to his left index finger in summer 2009 because of a a faulty bin lid on one of the lorries.
Despite our attempts to discuss the case with his employers, as the defenders, we reviced no response to numerous communications. The case was complicated further when, after the accident, our client’s employment was transferred to a differently named company who in turn sold their business and assests to a third firm.
The pursuer's employment was transfered to this third firm under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (known as TUPE). This firm's position was that they had purchased the assets and not the liabilities of the second firm. We were eventually able to track down an insurer for the orginal employer after considerable work.
Our personal injury solicitors raised proceedings against both the orginal employers' and the new company who had taken on our client’s employment. The case settled for £6,000, achieving fair compensation for our client in difficult and complicated cirumstances.