Two Employer's Liability Claims

Louise Howard acted for a claimant who had two employer's liability claims arising out of accidents at work. The first accident caused a back injury where the client had degenerative change in any event. The second caused a moderate head injury where the client had previously suffered a number of head injuries with one severe head injury three years prior. Following the severe head injury the claimant had worked hard to put in place coping strategies and to his credit had managed to return to work, the further head injury at work on a vulnerable brain decompensated his ability to cope. The claimant was left with on going head injury symptoms and was unable to return to work.

Careful instruction of medical experts was required to separate out symptoms arising from the two accidents at work. The claimant's memory problems also presented difficulties in assessing the level of post traumatic amnesia and therefore confirming the level of head injury suffered. The matter was of great importance to the claimant as he was unable to return to his pre accident position, therefore unable to return to work and reliant on his partner for daily assistance.