Case Study - Robert Sheldon

£85,000 for Sheldon in employer’s liability case

A Derbyshire roofer was coming to the end of his working day when he had an accident that brought an abrupt end to his career and ruined any prospect of future employment in the roofing trade.

As Robert Sheldon was helping a colleague lift a heavy gas bottle onto a hoist he felt ‘something go’ in his right shoulder. Pulled muscles and trapped nerves are common occurrences for workers in the roofing trade so Robert thought nothing more of it – until the pain became unbearable.

“The following week I went to see my doctor,” said Robert, “as the pain was excruciating.

“There followed a series of X-rays and scans which picked up that I had torn my right bicep, the ligaments surrounding it and also damaged muscles in my chest. I then had to undergo two operations which confirmed the damage.

“Even now, some years on, I can only lift my arm to shoulder height and I’ll be on painkillers for the rest of my life.

“It took a while for me to get around to it, but I decided to claim for my injuries. I first asked a local solicitor to pursue my claim, but he wanted a fee to work on my behalf so I contacted Express Solicitors who offered to work on a no win no fee basis.”

There are exceptions but usually, if a person has an accident, they must bring a claim within three years of the accidet or the Court has the power to refuse a claim for the injury. Robert took over three years to pursue his claim and the case had been issued outside the time limitations, but Express Solicitors succeeded in ensuring the Defendant did not to raise this point.

Robert’s employers denied liability and provided documentation in Court that suggested Robert had been given manual handling training. However, Express Solicitors claimed that under the manual handling regulations, Robert had actually been failed by the company and argued that it had failed in its risk assessments and also in reducing the need for manual handling.

The personal injury experts obtained medical evidence from a specialist who stated that Robert’s accident had caused a tear in his right rotator cuff, the group of muscles and tendons that stabilise the shoulder. The injury was classed as an ‘acceleration injury’, which had brought his shoulder problem forward by eight years.

Express Solicitors also involved counsel to assist with the valuation of the claim, which took into account eight years loss of earnings due to Robert’s acceleration injury.

Robert was made an initial offer of £66,686.69, which Express Solicitors countered with an offer of £97,800. In December 2008, he accepted an offer of £85,000 with which he was ‘delighted’.

“I was extremely satisfied with everything Express Solicitors did for me,” continues Robert, “from the day-to-day professional service to the compensation I received. Rachel even put me in touch with a financial adviser to set up a personal injury trust, which has ensured I will continue to receive benefits in the future. I cannot thank the firm enough.” If you have suffered an accident at work from inadequate training contact our lawyers today on 0800 294 6250 to discuss your claim.