Mr G sustained injury at work whilst driving a Four Way Reach Truck. The yard area in which the truck drove over was potholed and defective. The truck drove over potholes in a traffic route, causing Mr G to jolt and sustain an injury to his back. Mr G suffered increasing and progressive pain to his back over time. The pain was manageable until the accident in April 2016 when the pain came to a head. Mr G was off work for a period of 8 weeks and incurred a loss of earnings for this period.

Liability was disputed in this case. The insurers for the employer argued that Mr G’s injuries were not caused by the accident and they were in fact as a result of an injury sustained whilst decorating.

ASD argued, on behalf of Mr G, that the Defendant had breached a number of statutory regulations which was evidence in itself of negligence, and the injury was caused by such negligence.

A medical expert advised that Mr G should undergo an MRI Scan to provide for further investigation to be undertaken.

Richard Meggitt, Solicitor, obtained witness evidence in support of Mr G’s claim and confirming the defective nature of the yard.

The insurers made an offer to Mr G and the claim was settled in January 2017.  

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