News & Resources

61-year-old construction worker recovered £495,000 in respect of a head injury sustained in a workplace accident

8th August 2018

Marcus Grant represented the  Claimant, a 61-year-old construction worker who sustained a head injury in a workplace accident following which he developed epilepsy. He managed to continue working, albeit in difficulty and with a colleague covering for him for two years after the initial accident when he injured his head again whilst having a seizure. His employment was terminated 18 months after that second incident and he developed depressed mood following the loss of his job and financial security and suffered further seizures and some suicidal ideation.

His case was that he had developed a disabling syndrome of physical (including vestibular), neuro-cognitive, neuro-behavioural and psychological symptoms attributable to the original accident, that he was permanently unfit for work and needed a burst of case management and support worker assistance and some light touch case management thereafter, together with a heightened risk of dementia and a reduced life expectancy.

C’s case was not accepted by the D who considered the severity of any head injury to be minimal, notwithstanding the confirmed epilepsy, and that any enduring symptoms (to the extent that their self- report was reliable) were largely psychologically mediated and would resolve swiftly following the conclusion of the litigation and receipt of some CBT such as to enable C to return to some level of remunerative employment. D placed considerable emphasis on failure of effort testing with its neuropsychological expert which was evidence of a measure of conscious exaggeration. It denied any need for case management, support workers or heightened dementia risk.

The case settled through negotiation part way between the Parties’ best positions.

Related Barristers

Marcus Grant

Marcus Grant
Year of Call: 1993

Close X

TEMPLE GARDEN CHAMBERS is a market leading set with recognised excellence in a myriad of practice areas with awarded leaders in twelve specialist areas. TGC has the privilege of being well placed in the Temple and The Hague with superb facilities.

Currently consisting of 17 silks and 60 juniors with outstanding leadership and a long established clerking team acknowledged for their exceptional client services and business development, we are keen to expand upon our key areas.

To accommodate the growth in our core practice areas we are inviting applications from established practitioners and/or teams to further enhance our excellent reputation in the following fields:

• Personal Injury & Clinical Negligence
• Inquests & Inquiries
• Health & Safety
• Costs & Litigation Funding

TGC is widely recognised for its friendly ethos and its commitment to Equality & Diversity and Wellbeing. We are especially keen to encourage applications from underrepresented groups at the bar – women, people with disabilities, those from ethnic minority groups and members of the LGBTQ+ community.

Applications will be treated with the strictest confidence and should be addressed to the Head of Chambers, Keith Morton QC

In advance of any formal application both Keith Morton QC and Dean Norton (Senior Clerk) would be delighted to have a confidential discussion. To arrange a meeting please contact Dean on 020 7842 8641 or