Polish worker secures damages of £275,000

Colin Cook, Managing Partner, Personal & Brain Injury Specialist at Hatch Brenner Solicitors on Theatre Street in Norwich recently acted for a client who suffered a workplace injury.

Our client, a Polish worker, secured settlement of damages in the sum of £275,000 following an accident which took place in the course of his employment for a now dissolved company.

The 41 year old Claimant (37 at the time of the accident and a Polish national, working in the UK under EU Regulations), fell through a skylight which was obscured with dirt whilst working on the roof of a building owned by the Defendant company. He sustained multiple fractures to his pelvis, ribs, arm, and spine together with psychological injury. He underwent a prolonged period of recovery, largely due to the Defendant’s insurers refusal to engage cooperatively with the Claimant in line with the Rehabilitation Code. That recovery took place initially in the UK but following hospital discharge the Claimant returned to convalesce with his family in Poland, where he remains to this day. Whilst he was able to return to some work, his future earning capacity had diminished and the award of damages reflected this.

Colin Cook, Hatch Brenner Personal Injury Legal Expert commented: “The case was complicated by the liquidation of the Defendant company and the Health and Safety Executive prosecution of key personnel for failings on the part of the company. The Defendant’s insurers initially refused to accept they were on cover for the accident, attempting claim that they only insured a part of the business with which the Claimant had no involvement. These arguments were eventually conceded and liability admitted against the backdrop of an application to compel the disclosure of key insurance documents required to be disclosed (but withheld by the insurer) under the Third Parties Right’s Against Insurers Act 2010.”

Proceedings were brought in the Queen’s Bench Division of the High Court in London directly against the insurance company under the provisions of the same Act. Settlement was successfully negotiated between the parties.

Colin added: “The case involved a number of unusual features surrounding the dissolution of the Defendant company, the use of the Third Parties Rights Against Insurers Act 2010, the interpretation of complex insurance arrangements and acting for a non UK resident latterly based in Poland. We are delighted to have reached this conclusion for our client.”

This case is one of many high value settlements which represent the core of the work Hatch Brenner undertakes for seriously injured clients. Contact Colin Cook about your circumstances