Archive for December, 2014

Compensation Claim After Worker is Injured by Forklift will Need to be Resolved in Court

December 26th, 2014 | By licnewsadmin

The High Court is set to hear the case for a compensation claim following a forklift injury next year as out-of-court negotiations failed to reach a settlement on how much the claimant is entitled to receive for his injuries.

The accident occurred on 21st May, 2010 when Scott Fewster, forty,  was at work for Highline Extreme, the climbing wall and skatepark manufacturer. Mr Fewster, from Wisbech in Cambridgeshire,  was working as a welder in the factory when a metal frame weighing about forty kilogrammes fell from a nearby forklift and hit him.  Mr Fewster was knocked to the ground and sustained several, severe injuries to his head and neck. His entire body was heavily bruised after the accident and after seeking medical treatment was told that he had soft tissue damage to both of his forearms.

Mr Fewster was left unable to work for three months following the forklift accident at his workplace, unable to drive and in need of assistance for trivial everyday tasks.  Mr Fewster also had multiple operations carried out on his forearms in an effort to ameliorate some of the damage done to them, but continues to experience difficulty with fine motor movements due to reduced sensation in his arms.

After a period of recovery,  Mr Fewster returned to work for his employer but was compelled to leave after just six months, finding the work he was undertaking too much. Only in february 2013 did he find work again, but is unable to carry out more than thirty hours a week of light duties. It is not likely that he will ever return to the more demanding manual labour that he once carried out.

After seeking legal counsel,  Mr Fewster made a claim against his previous employers for the injuries inflicted upon him by the accident. The Health and Safety Executive issued an Improvement to Highline Extreme, requiring them to introduce safer methods of unloading forklifts.  Despite acknowledging liability for the injuries, the parties failed to agree on a sum for the compensation settlement.

Mr Fewster states the since the accident he still endures neck pains, dizziness and a stiff neck, which keep him from engaging in his previous hobbies that included judo, ping-pong and playing the drums. His employers disputed the extent to which his injuries disrupted his life, and an assessment to be conducted by a neuropsychiatrist has been organised. As a result, the claim will have to be settled at the High Court.

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