Express Helps Former Footballer Secure over £50,000 After Building Site Fall

The impact

Steven maintained a healthy lifestyle, which included running and cycling. Following the accident, he was on crutches for two months and it took him nearly three years to be able to ride his bike again. He still struggles to run and has since had surgery to help him recover.

The defence

The defendant strongly denied liability, stating it was Steven’s fault for not having the correct PPE for the task. They said he chose not to wear the cleats provided to him, which would have helped him maintain balance and grip on the steep surface. They also felt his injury was not serious at the time, as he continued to work for the rest of the week.

Regarding the PPE, Steven said he was only provided with a high-vis jacket and knee pads and he was not given any cleats to put on the bottom of his shoes. He felt there was a lack of training for the role as he was shown what to do on the day by his co-workers, not anyone from the health and safety team.

The defendant mentioned that Steven had previously injured his leg after falling from a ladder and cutting it on a chainsaw. They believed this was what attributed to his injury and not the fall itself. However, this was disputed by Steven. The incident happened three weeks before his accident at work, but he hadn’t fallen from a ladder nor was a chainsaw involved.

Building a case

It was important to get a witness statement from his co-workers and fortunately, one came forward. They confirmed Steven didn’t receive any cleats while other employees were given some. He also wasn’t given any formal training for the job and was shown how to do it on the day. He added that he was never asked to give a witness statement and was surprised that there wasn’t an investigation into the accident.

Once Express had obtained the medical evidence, it was clear Steven’s ongoing knee issues were due to cartilage damage which occurred from the accident and not from any previous incident.

Another key piece of detail was the wording in the company’s risk assessment document. Throughout the case, the defendant maintained that employees are given cleats. However, the risk assessment documents state that additional grip may be obtained. When pressed on whether it was their responsibility to provide Steven with cleats or if was his own, the defendant failed to respond.

Ultimately, it was found that Stevens’s injuries were caused by the negligence of the defendant. Factors that contributed to this included the defendant not having a sufficient risk assessment, failing to provide the correct safety equipment and failing to ensure that the work environment was safe.

Out of court settlement

Steven was awarded £60,000 in damages in an out-of-court settlement once proceedings were issued. This will contribute to the financial losses Steve suffered, as well as any future treatment he requires.

Robert Weeden added: “This is a result the team can be really pleased with. Steven’s case had its challenges, with it being a prime example of an employer doing their best to deny liability. But through hard work, we were able to secure a positive outcome for Steven. I hope that Steven and his family can put the accident behind them and look to the future.”

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Have you been in an accident that wasn’t your fault? Express Solicitors can get you the justice and compensation you deserve. We have an expert team with the experience to win even the most complex cases. Start your claim with us today.