Personal Injury accident forces premature end to career

January 2011

There has been much talk in the media recently about whether or not there should be a mandatory retirement age or how long people should have to work before they can claim their pension. Many people over 65 are fit and able to work and keen to do so for as long as they are able, as a few extra years of income could make a big difference in the level of comfort during someone’s retirement.

Bartletts Solicitors recently helped a gentleman of 70 years of age, whose career was prematurely curtailed when he was struck and injured by a piece of construction equipment that was being loaded onto the back of the lorry.

Our client was working at the time of the accident when he was helping to position some joists onto the back of a lorry. The joists were being manoeuvred by a mechanical handler and one swung across knocking him off the truck onto a wall.

The serious fall resulted in an injury to our client’s elbow and he suffered a number of fractured ribs. Consequently, the gentleman was unable to return to work following the accident and had to retire a number of years earlier than expected.

In claiming compensation on behalf of our client, the matter was complicated by the fact that the person operating the mechanical handler was a sub-contractor to our client’s employer and initially each party claimed that the other was responsible.

However we successfully established that the employer was liable for the injuries and obtained compensation for the injury itself and further compensation for loss of earnings that would have been received over the remainder of our client’s career. This demonstrates that providing evidence exists of the desire and ability to work beyond age 65 then such a claim is possible.