Construction worker secures £16,000 after being struck by scaffolding

Josh McNulty had just arrived on site when he was struck by a metal gate that had been dropped on top of him by a colleague.

The 23-year-old was hit on the back of the head – luckily he was wearing a hard hat so it didn’t crack his skull.

But the scaffolding gate bounced off the ground and slashed the underside of his chin.

The impact was so severe the metal went through his jaw and cut the inside of his mouth.

Describing the moment, Josh said: “The person that threw it came down and apologised. 

“I just wanted to get away in the moment and clean myself up so I went to the toilet and rinsed everything and looked in the mirror.

“That’s when I saw blood everywhere all over my face.”

After composing himself Josh from Shotts, Lanarkshire managed to make his way to A&E at St John’s Hospital in Livingston. 

He was stitched up and sent home but the aftermath meant Josh couldn’t return to work for a number of weeks. 

The injury meant he was unable to eat properly – surviving on just soup and mushy cereal. 

Josh also had recurring headaches as a result of the strike to his head.

Unable to work, unable to rest and being reliant on his partner for support meant Josh was starting to feel deflated.

This then got worse when he returned to work after his recovery.

Josh explained: “My jaw was in agony and I just couldn’t eat. 

“The pain and the feeling of uselessness is utterly depressing. It was hard not being able to play with the kids or help my partner. 

“When I eventually went back to work it was like something changed.

“My employers were treating me differently.”

This is when Josh knew he needed legal support so he reached out to Digby Brown where he was put in touch with Damian White, Partner in the firm’s Glasgow office.

Damian built a workplace accident injury claim by first gathering all the medical evidence to assess the extent of Josh’s injuries. 

He then gathered witness statements from other workers on the site to back up Josh’s version of events. 

The claim was then sent to the insurance company for the principal contractors.

At first, they refused to accept responsibility and even argued that Josh was partly to blame for his own injury – a point that would be later disproven by the evidence gathered by Damian.

This refusal meant the case was raised as a court action.

 The insurance company then offered Josh £4,500 to settle the claim – however Damian advised him to reject this offer as the evidence showed he was entitled to more. 

Not just the evidence of his injury but the evidence that showed the effect of that injury.

How it prevented him working, losing earnings and leaving him out of pocket. 

Josh trusted Damian and the case progressed for a few more months.         

In that time the insurers made two more offers – one for £6,000 and another for £10,000 – but again both were rejected.
Damian then gauged the time was right for him to put a fair offer on the table of what he felt Josh deserved.

This amount – known as a pursuer’s offer – was for £15,750 and the insurers agreed to pay it.

Josh said: “I don't think I could have asked for a better lawyer than Damian.

“He is just a very pleasant man, always asking how you've been and things like that.

“As for the claim itself it didn't take long at all from the injury to getting in touch with the firm to getting the settlement.

“I expected a couple of hundred pounds but the fact I got more than £15,000 was just brilliant.

“It really helped put me back in a position to care for my kids again which has always been my priority and motivation for getting a lawyer.

“I'm really over the moon and can't thank Digby Brown enough.”