Spinal injury from work site accident results in £776,484 settlement

In 2021, Stephen was working on a construction site as a spotter for a work colleague who was loading roof trusses into a stillage.  The trusses were stacked unsafely.  When Stephen later walked in front of them, they toppled and fell onto him.  He was knocked unconscious.  The air ambulance took him to the hospital, where he was admitted to critical care.

Stephen, who was 33 years old at the time of the accident, was assessed to have numerous unstable spinal fractures, rib fractures and pneumothoraxes.  He had emergency surgery to carry out a spinal fusion of his thoracic spine.

The challenges Stephen faced

At the hospital, Stephen had received very limited NHS physiotherapy and no occupational therapy or psychological support.  When he was later discharged home, where he lived with his partner and children, he was unable to put any load through his spine and had reduced mobility.  He was unfit to work.  He was only able to sleep for up to four hours a night because of the back and chest pain, and also had nightmares, waking in a panic. He was in a low mood, depressed, and angered more easily. He also felt dizzy.

Legal support

Andy Shaw was instructed early on by Stephen and notified his claim to the employer’s insurer.  It is usual in catastrophic injury claims for an insurer to take some time to investigate the circumstances before deciding whether to accept responsibility.   The insurers in this case took around four months to admit full liability on behalf of the employer.  We were then able to secure interim payments for Stephen to assist him in meeting his day-to-day living expenses. 

Upon notification of the claim to the insurers, an agreement was reached to work collaboratively to address Stephen’s rehabilitation privately.  In this case, the insurers initially engaged in rehabilitation on a joint basis, meaning they paid all the costs of Stephen’s Immediate Needs Assessment by a case manager and the case manager’s ongoing costs.  They also funded Stephen’s private physiotherapy, psychotherapy, vestibular therapy,  occupational assessment and equipment, and driving assessment. 

Approximately 18 months later, the insurers withdrew from funding further rehabilitation.  However, Andy and the team were able to secure further interim payments to allow Stephen to continue with his rehabilitation privately, which included pain management and vocational rehabilitation.

The outcome in Stephen's case

Unfortunately, Stephen was unable to return to his previous role as an assistant site manager at the construction company he worked for due to ongoing symptoms.  His employment was therefore terminated on the grounds of incapability.  As part of his rehabilitation, Stephen received assistance from a vocational case manager to identify alternative employment and training opportunities.  

Due to the nature of Stephen’s injuries, we instructed independent medical experts to comment on various aspects of his injuries, including a spinal surgeon, an audio-vestibular expert, a clinical psychologist, a pain management clinician and an employment consultant.  These supported, amongst other things, that he was unlikely to return to full-time employment.  The defendant obtained their own expert evidence and refused to accept that Stephen was not capable of returning to work in the construction industry.  There was a difference of opinion in relation to the value of the case.

Court proceedings commenced in September 2024, and the case proceeded to a joint settlement meeting in December 2024, but negotiations ultimately broke down.  

There were several further settlement offers made after the joint settlement meeting, which were rejected.  The case proceeded to an initial court hearing, and directions were put in place to timetable the case for a trial, which would have taken place between May 2026 and December 2026.

In December 2025, the case settled for £776,484.91.  Stephen was very pleased with the outcome, as the monies would provide for his future therapy and assistance needs, future earnings and pension losses, and would also compensate for his injuries and various past losses. 

Andy was assisted by his colleagues, Simrit Chahal,  Sarah Arnold and Zoe Beviss alongside barrister Mat Brunning from Temple Garden.

Whilst looking to the future, Stephen also said that he had particularly enjoyed working alongside Andy, Sim and Mat and was extremely grateful for the support that he had received.