£75,000 compensation secured after slip on staircase lead to client suffering long-term condition, Fibromyalgia

Long term suffering from accident at work

In his own words, Marley Swain explains what happened on the day of the accident, 17th November 2017: “I was on the way downstairs to the factory floor. I was walking down the stairs with the rest of the shift workers, when my feet just went from underneath me. I slipped down about four to five stairs but as I fell I also knocked into a colleague in front of me. My initial concern was with her, as she was significantly older than me, so I jumped onto my feet to make sure she was OK.”

“I slipped down about four to five stairs but as I fell I also knocked into a colleague in front of me. My initial concern was with her, as she was significantly older than me, so I jumped onto my feet to make sure she was OK.”

“It was then that I noticed the water on the concrete steps. This must have caused me to slip backwards and hit my lower back on the edge of one of the steps. Naturally, as you do when you fall, I went to reach out to try and grab the railing but as I put my left arm out I also hit my elbow.

“I was in pain immediately but my colleague was my main concern. We both went to the medical office to report the accident and to be checked out. Luckily we both returned to carry out our shift, but as I continued the pain got worse so I left for home after the first break.”

Symptoms of fibromyalgia

After a period of recovery at home, Marley then attended an appointment with his GP to discuss the injuries and subsequent side effects.

“My GP said that my back muscles had spasmed and frozen so he suggested physiotherapy.”

“My GP said that my back muscles had spasmed and frozen so he suggested physiotherapy. I was signed off for another period of two weeks and ordered to rest. I was still waiting to see the physiotherapist when I returned to work on amended duties. Unfortunately the pain meant I couldn’t work a full shift so often had to leave work early. I returned to my GP who later diagnosed me with fibromyalgia. During my recovery I was then made redundant, this was early in 2018, and being in daily pain and unable to secure another job I thought about obtaining compensation to help me with living expenses.”

“During my recovery I was then made redundant, this was early in 2018, and being in daily pain and unable to secure another job I thought about obtaining compensation to help me with living expenses.”

Making a fibromyalgia claim

Fibromyalgia can develop suddenly and may have no obvious cause. However, in the majority of cases it is often the result of physical trauma or sudden injury encountered following an accident.

Although fibromyalgia runs in Marley’s family, various specialists Marley visited as part of his claim all pointed to the fact that his body didn’t respond well to the impact and that the shock of the fall led to Fibromyalgia.

Effects of accident and fibromyalgia on everyday life

Marley continues: “The reality of my life is that I live in pain everyday. Some days it’s manageable and other days it’s not. I’m disabled as a result and have to walk with a stick. I’m in constant pain in my shoulder and back. The pain alone has caused stress, anxiety and depression and I’m on medication to support all of these plus the back pain and fibromyalgia related IBS and sleep problems. I’m also managing diabetes with tablets and a controlled diet too. My life literally changed overnight, I no longer can enjoy playing basketball with my friends, even gardening which I enjoyed and helping friends with DIY is too much. But, it’s the things we all take for granted – such as enjoying the park with my daughter – that I miss the most.”

“My life literally changed overnight, I no longer can enjoy playing basketball with my friends, even gardening which I enjoyed and helping friends with DIY is too much. But, it’s the things we all take for granted – such as enjoying the park with my daughter – that I miss the most.”

Support received from Express Solicitors on fibromyalgia claim

“The service from Express Solicitors was great. Mark was fantastic, really understanding. A genuine decent guy. I found Mark really easy to talk to and he explained everything to me to help me feel at ease with the process and progress of the case. He even supported me in putting the compensation money into Trust. I can’t speak more highly of him and his team for the support I received.”

“The service from Express Solicitors was great. Mark was fantastic, really understanding. A genuine decent guy.”

Receiving £75,000 in fibromyalgia compensation claim

“With the compensation claim settling five year post the accident, I’ve been able to start claiming disability living benefits so as a result the money awarded has been placed in a Personal Injury Trust to be held and managed to ensure that it is not taken into account for assessment of means-tested benefits or care contributions.

“I’ve recently moved into a new flat and hope to be able to do the new place up and I’d also have plans to set up an affiliate marketing business I can operate from home, the compensation claim will help me achieve both.”

Mark Grist, added: “It was a pleasure to work with Marley to achieve a strong settlement in his case. In a case of this nature, it is hard to put a financial value on the losses and a pragmatic view must be taken to balance the risks of going to Court and the risks of failing to beat offers. Marley made a brave decision to reject the initial £50,000 offer which ended up paying dividends further down the line. I am pleased for Marley and his family that something is in place to provide long term financial support whilst preserving his rightful entitlement to benefits”.