01482 778 463
Client Focussed
No Win No Fee
Specialist Legal Teams
Hudgell Solicitors™ | Case Stories | Company agrees damages settlement with former employee who suffered broken foot in accident at work

Company agrees damages settlement with former employee who suffered broken foot in accident at work

Shaun accident at work


A company has agreed a damages settlement with a former employee who suffered a broken foot when trapping it in machinery whilst doing his job.

Shaun Brennan, 30, was working as an HGV driver for Hull-based Heron Foods and operating a new tail-lift at the back of a lorry when the accident happened, as his right foot became trapped between the lift and truck, breaking his cuboid bone.

Following legal representation through accident at work specialists Hudgell Solicitors, Heron Foods agreed to an undisclosed settlement to Mr Brennan, despite refusing to accept responsibility for the accident.

Claim highlighted lack of appropriate training

A key part of the claim centred around Heron Foods’ failure to train Mr Brennan, of Elloughton, East Yorkshire, in using new lorries, which included under-slung tail lifts.

Before agreeing to pay the damages through insurers, the company claimed training had in fact taken place, but were unable to provide any records to prove it, claiming they had been lost.

The accident happened at a Heron Foods store in the West Midlands, where Mr Brennan was delivering groceries, on January 19, 2013.

He said: “I was delivering groceries in my articulated truck. I got the back doors opened and got the tail lift ready and stepped onto it. I started to press ‘up’ at that point and as it got to the top, I realised my foot was stuck between and lift and the truck.

“I started panicking and screaming.I managed to get my foot free and then collapsed onto the tail lift, and the store manager came running out and called an ambulance.”

Compensation claim helped cover loss of earnings

Mr Brennan was taken to New Cross Hospital, in Wolverhampton, where an X-ray revealed the break in his foot. It caused him to be off work for five months, and as he was still in pain, he underwent an operation to shave the bone off his toe several months later.

However, at that stage Mr Brennan says he was told he would not receive any further sick pay while off recovering for a further three weeks.

It was at that point that he decided to pursue a claim for compensation for the injury caused by the work accident, as he could not afford to be without pay.

“I told them that I needed the pay, and that it had been a work-related injury, but they said they were not paying me,” he added.

Mr Brennan, who used to be in the Army, has now developed arthritis in his injured foot and says he has been told by his consultant that it will never fully recover.

He said: “If I walk for a long time it’s painful. I was fit and sporty before and played football two or three times a week.

“Now, I still go to the gym but I can’t do things that I used to. I’ve always been used to physical jobs, like being in the Army, and exercising, and it’s taking a lot of getting used to that I can’t do those things anymore. It’s still sinking in.”

Mr Brennan, who is now working as a driver for another Hull company, lives with his partner and their two-year-old daughter.

He has spoken about his case as today marks World Day for Safety and Health at Work, an annual international campaign to promote safe, healthy and decent work.

He added: “I am glad that the case is settled and I can now close that chapter. I’m still angry that I have got problems with my foot and that I am going to suffer with it for the rest of my life. But I am much happier in my new job.”

‘Case highlights need for rigorous training and record-keeping’ – Andy Uridge

Andy Uridge, of Hudgell Solicitors, specialists inacting on behalf of those who suffer accidents at work, said: “Mr Brennan suffered pain and loss of earnings from his accident at work, which put him and his partner in difficult circumstances and caused a great deal of stress at the time.

Clearly, the firm did not admit liability in this case and claimed they had provided appropriate training, however, that was not what our client said to be the case, and they were unable to produce any evidence to support their claim of training having been completed.

All too often we see firms not following the correct health and safety procedures or failing to provide adequate training, putting employees at risk when using machinery.

This case highlights the need for rigorous training and record-keeping, and the effect that an accident at work has on a person’s physical health and wellbeing. We are glad they offered a damages settlement after our representation to reflect the impact the injury had on Mr Brennan.

Request a callback

Request A Callback

I am an existing client.










Or call us FREE on:

01482 778 463


trust pilottrustpilot startrustpilot startrustpilot startrustpilot startrustpilot star

The data you submit will only be used by Hudgell Solicitors and only for the purpose of dealing with your enquiry.
See full privacy policy.

Looking to see if you're eligible?

Get in touch for free legal advice

0808 159 7699

Call today to speak to an expert

OR
Start your claim

What Our Clients Think

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Caroline was great in handling my case

"Caroline was great in handling my case, very informative and always kept me up to… "

Mr Richard Brook

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Dispute with EasyJet

"Although Hudgell offices were not local to us, there was no need for concern, as… "

Glyn

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Always on the ball

"Always on the ball! Great at what they do, very professional and fast with a… "

CHRISTOPHER CURTIS

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Excellent service

"Excellent service. Very happy with result. Thank you."

Miss Erika Panakova

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Was an easy process and the caseworker…

"Was an easy process and the caseworker was very informative and very knowledgeable on my… "

Rachel Fee

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Lovely business to deal with

"Lovely business to deal with. Would recommend to anyone."

Mrs Kelly Byrnes

trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Great communication

"Great communication! My solicitor was lovely to deal with, open and listened to me."

Sue Ockendon

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Very happy with how they managed my…

"Very happy with how they managed my claim. I would recommend them."

Mr Steve Roberts

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Very helpful and truly understanding in…

"Very helpful and truly understanding in a very sensitive case would highly recommend to anyone"

Miss Sarah Morris

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Friendly

"Friendly, supportive and professional, couldn't ask for more."

Mr Adrian Fisher

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

A first class service with a heart too

"I never had claimed before and was quite apprehensive about dealing with claims solicitors as… "

M Sheikh

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

They made me feel that I wouldn’t be on…

"They made me feel that I wouldn’t be on my own after my experience. They… "

Mrs Melinda Diane Tovey

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

The service was excellent and Lauren…

"The service was excellent and Lauren Cartwright kept me well informed and gave good advice… "

Mr Roger Harrison

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Recommended company

"Excellent service, fully recommended. Efficient communication and reliable."

Mr R Taylor

trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Hudgell took over my road traffic case…

"Hudgell took over my road traffic case from a different solicitors and successfully negotiated a… "

Mr JSW

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Hudgell Solicitors made my personal…

"Hudgell Solicitors made my personal injury claim so easy, they got me the treatment i… "

Mr Nick Todd

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

I have never used solicitors before

"I have never used solicitors before, my dealings with Hudgell have been excellent I have… "

David Varley

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Very helpful

"Very helpful"

Ethan Ferguson

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

First Class service

"Hudgell Solicitors are currently working on my case and I must say so far the… "

Emma Jeeves

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Always kept me up to date on all…

"Always kept me up to date on all correspondence concerning the case and acknowledged any… "

Mrs Anne Marie Wells

Rated 9.4 out of 10 based on 454 reviews

Powered by Trustpilot

Our offices

London

55 Fleet Street
EC4Y 1JU

VIEW DETAILS

Hull

No 2 @ The Dock
46 Humber Street
HU1 1TU

VIEW DETAILS

Leeds

10 Park Place
Leeds
LS1 2RU

VIEW DETAILS

Manchester

1 St Peter’s Square
Manchester
M2 3AE

 

VIEW DETAILS

© 2018 Hudgell Solicitors®. All Rights Reserved.

Hudgell Solicitors is a trading name of Neil Hudgell Limited | Director Dr. Neil Hudgell MA LLB (Hons) LLD | Registered in England No. 7078429 | Authorised and Regulated by the Solicitors Regulation Authority | SRA No. 521372 | VAT Registration No. 254 7802 90