31st October 2016
A 24 year old Construction Labourer recovered £300,000 for the consequences of a fractured toe and compartment syndrome in a workplace accident. Marcus Grant (instructed by Tracey Bennett of Slater & Gordon) appeared for the Claimant.
In August 2012 the Claimant sustained the above injuries, three months after arriving from South Africa to start a career in construction. He aspired to become a Production Manager in the wind turbine sector. The injury to his left foot left him with nuisance level symptoms for most day to day activities but which on his case compromised his endurance by reason of pain and restricted movement for prolonged standing and heavy manual work. Although he had no tertiary level education, he demonstrated by his post-accident mitigation of his loss of earnings that he was management material. He advanced his claim on the basis that the injury resulted in him losing his chance of optimising his earning potential in a managerial role in construction. At the time of settlement, 4 years post-accident, he was working as a manager in the hospitality industry on a significantly lower salary to what he would have hoped and expected to have earned in construction.
The Defendants challenged the loss of chance model of his loss of earnings claim and contended that instead, the facts of the case were better suited to compensation by way of a modest lump sum ‘Blamire’ approach. The Parties met and the settlement was the product of a mutual compromise at a point in the case before the Defendants had commissioned expert evidence.