Six figure compensation for man seriously injured working on farm
Digby Brown represented a client, Mr Raymond Fraser, who was seriously injured while working on a farm. Mr Fraser had been on farms all his working life, starting as a 14 year old and continuing to enjoy his work outdoors driving his tractor in the fields.
He was employed as a tractorman at a farm in Crieff. He was committed and dedicated to his work, putting in anywhere from 40-100 hours a week with his tasks also including cattle feeding and general estate maintenance. He lived quietly with his retired father.
How our client was injured at work
Mr Fraser’s workplace accident occurred when carrying out vaccinations to the cows. He was told by the farm manager that he would be helping vaccinate cows. The cows had been placed in a large pen and Raymond was told he had to funnel them down a passage way in single file. The manager would be at the end of the passage vaccinating each cow as it passed through.
No forcing gate had been erected which would have kept a barrier between the handler (Raymond) and the cow.
As Raymond was driving the last cow down the passage, the cow reversed and crushed him against the side of the pen.
Impact of the work accident
The incident left Raymond seriously injured. He collapsed and was rushed to hospital. He underwent emergency surgery to remove 50% of his small intestine.
The injuries from the work accident have left him with life changing issues.
Requires regular injections for bowel
He has lost the ability of the bowel to absorb vitamin B12 and will need regular injections of this for the rest of his life.
Chronic fatigue means unable to carry out a physical job
Another serious effect of the accident on Raymond is that he suffers chronic fatigue brought on by the combination of electrolyte loss and sleep deprivation. This will have an impact on the rest of his life, he will no longer be able to hold down a physical job such as farm work and experts are doubtful that he will ever be able to hold down a full time job.
Anxiety, depression and lost confidence
The accident has had psychological effects, causing Raymond anxiety and depression and he has lost confidence. He now has to rely almost completely on his 71 year old father for assistance.
What Digby Brown did to help
When Raymond came to Digby Brown after his work accident, his case was managed by a solicitor in our Dundee office.
Investigations showed employer failed in their common law duty
We immediately investigated the issue of who was liable for the accident. It was clear from looking at agricultural industry guidelines and guidance from the Health and Safety Executive that Raymond’s employer had failed in their common law duty to take reasonable care of their employee.
His employers were in breach of their statutory duties under Workplace (Health safety and welfare) and Management of Health Safety and Welfare Regulations and for the negligent acts and omissions of their farm manager for whom they were vicariously liable.
Digby Brown pursued the issue of liability with the defenders (Raymond’s employers) over a two year period.
Medical and psychiatric experts called to properly value impact of accident
Due to the complexity of the injuries we instructed a number of medical and psychiatric experts and obtained a very detailed future care report which allowed us to fully assess and properly value the impact of the accident on every aspect of Raymond’s life.
Digby Brown solicitors get results
Digby Brown’s personal injury solicitors eventually obtained a concession on liability and then began negotiations to reach a settlement.
Our solicitors rejected a substantial initial offer made by the defending insurers to Raymond for his injuries. We were able to eventually reach an agreement to settle the case for a six-figure sum.
This settlement means that Raymond is now able to make the adaptions to his way of life that eases the burden on both him and his father. He no longer has to worry about the fact he is unable to work.
“Many thanks to the team at Digby Brown and in particular my appreciation for the outstanding professional service I received during my complicated claim"
Contact Digby Brown Solicitors
If you would like to talk to someone about an accident you have been involved in, please call us on 0333 200 5925 (local rate even from a mobile), text help to 83310 or fill in our online enquiry form and someone will contact you.
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