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Fibromyalgia sufferer receives £120K in compensation after slipping at work

Brian Barr Solicitor, Steven Akerman, and Counsel Ruwena Khan of Zenith Chambers secure huge payout for fibromyalgia sufferer.

 

On 27th August 2014, AB was involved in an unfortunate accident at work. She was employed as a sewing machinist in the production of flags. On the morning of the accident, she arrived at work in the morning like any other day. Unfortunately, as she arrived and was walking in the foyer, she slipped on a pool of water. The water appeared to have been left there as a result of the cleaning company employed by her employer.

As a result of the accident, AB injured her big toe on her left foot and, as she slipped, fell onto her back, sustaining further injury to her upper back and both shoulders. AB suffered immediate pain in her toe, as well as generalised pain throughout the left foot and ankle. She was subsequently diagnosed with a fractured toe.

Unfortunately, AB then went on to develop more generalised pain, fatigue and depression. She was subsequently diagnosed with suffering from fibromyalgia. It transpired that she actually had this condition prior to the accident, but it was not debilitating in any way prior to the accident.

None of her symptoms had interfered with her work, ability to go shopping, gardening or driving.

After the accident, however, AB suffered from an ongoing disability, which prevented her from being able to continue working, which meant she required ongoing care and assistance from her family and friends.

Thankfully, AB approached Brian Barr Solicitors to assist her in obtaining the compensation she required, and deserved. The claim was not without its difficulties; her employers tried to blame her partially for the accident by alleging that she should have been more careful in being able to notice the pool of water on the floor. However, it later transpired that a more senior employee had noted the hazard beforehand and simply ignored it.

The other side also tried to argue that as AB was able to continue working for some time after the accident, her current condition could not have possibly been caused by the accident. If it is was, they believed that she would have not been able to work sooner. They tried to use AB’s own determination against her.

Alternatively, it was argued that AB’s symptoms before the accident are what caused her disability after the accident. The accident was merely coincidental, despite the fact that before the accident, AB took far less time off work.

However, thanks to our instruction, we were able to assist AB in navigating this legal minefield. As a result, she received £120,000 in fibromyalgia compensation.

Following the case, AB said:

“I had looked into going with someone else, but realised others did not understand the complexity of fibromyalgia, so I decided it was safer for me to have somebody on my side that thoroughly understood what I was going through after my fall. I will always be grateful to Steven Akerman, who worked on my case. He took his time and patience with me throughout this journey and I knew I was in safe hands. My future now will be very different because of Steven’s hard work.”

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