Man badly injured in accident at work receives three times the initial compensation offer

Man in park looking to camera

Kenneth Forbes was badly injured in a work accident in Scotland where he was employed as a transport manager.

How did the accident at work happen?

Kenneth and his colleague were trying to unload pallets of steel from a trailer on the day of the accident.

Normally they would unload pallets using a fork lift truck but because of the size and the way the steel was sitting in the trailer, they couldn’t unload it this way. They tried using fork lift extensions provided but they kept slipping off.

His work colleague decided to try and move the steel to the side, but the steel was not securely attached to the pallet, and fell off.

The steel landed on top of Kenneth’s legs, knocking him to the ground and pinning him under the metal sheeting, causing serious injury.

Impact of serious work injuries

Kenneth was in hospital for 3 months and off work for 9 months recovering from his work injuries.

When he did return to work, he had to change his work role and duties as a result of his injuries, impacting on his earnings. Previously Kenneth would be running the warehouse and be active on the shop floor, carrying out heavy lifting. Now, he works from an office.

Adele Forbes, Kenneth’s wife said; “We never realised the full extent of his work injuries at the beginning. He now has a disability in both legs and will walk with a limp for the rest of his life.”

Digby Brown helps recovery after work accident

A friend recommended Damian White, a partner at Digby Brown's Ayr office, as she advised that in a situation like this, you absolutely need to get a personal injury lawyer.

“I have to say since the first meeting, everything was taken out of my hands and I didn’t have to worry about a thing. It allowed me to get on with the day to day, and look after Kenneth, an absolute godsend.

“Damian arranged physiotherapy and for any equipment needed in the house for example adaptions to the bathroom to help Kenneth get in and out the shower.

“Digby Brown were absolutely excellent, couldn’t be improved upon.”

Digby Brown investigate work accident claim

Digby Brown’s personal injury solicitors carried out thorough investigations of the work accident claim; recovering CCTV footage of the accident and working with the Health and Safety Executive (HSE) following prosecution of the company.

Employer found in breach of health and safety

Kenneth had worked for the Glasgow based company for around 20 years as a transport supervisor, and had never encountered an unloading task like this one - the load was not routine.

He did not have responsibility for loading or unloading operations and his work failed to have a risk assessment or a plan in place for unloading non-routine loads like the one he unloaded that day. He received no training in the planning for non-routine lifting operations and there were no other members of management staff on the premises to ask. 

The company now has instructions in relation to the unloading of non-routine loads and employees have been advised that they are not to attempt to unload such loads, they now need to be reported to management and photographed. 

Compensation for work accident injuries

His employer’s insurer made an initial compensation offer which was rejected as it was felt this did not properly compensate Kenneth for his work injuries.

In the end, Digby Brown’s personal injury solicitors secured a final award of compensation amounting to more than three times the original offer.

“No one knows what the future holds and the compensation provides a safeguard if he needs anything in the future.

“I had no idea when we started the journey what was involved in calculating compensation. It goes without saying when I saw the compensation settlement that I was very surprised.

“Damian achieved his goal and it was just wonderful.”

Contact Digby Brown Solicitors

If you would like to discuss an accident you have been involved in, please get in touch with our legal team on 0333 200 5925 or complete a short online enquiry form.