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Compensation Award For Personal Injury
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Anthony Baxter V Aldridge Fabrications Ltd (2004)
Out of Court Settlement July 2004
Compensation Award
The claimant, a 26-year-old man, received £13,000 for hand injuries sustained following an accident at work in May 2001. The claimant suffered a fracture to his right little finger.
Claimant: Male: 22 years old at date of accident; 26 years old at date of settlement.
Employers' Liability: On 10 May 2001, the claimant was involved in overhead crane operations, when he trapped his right hand between the counterweights hanging from the crane and a concrete chute.
The claimant sustained injury and brought an action against the defendant alleging that the system of work was unsafe.
Liability admitted.
UK Personal Injury Claim
Injuries:The claimant sustained a fracture to the intermediate phalanx of his right little finger in the accident.
Effects:The claimant attended hospital where x-rays identified the fracture and initial treatment was in the form of an aluminium splint.
The claimant returned to hospital a couple of days later because his finger was still painful. He was referred to the fracture clinic and admitted to hospital. He then underwent manipulation under general anaesthetic and fixation of the finger using Kirschner wire (‘K’ wire), following which a plaster volar slab was applied for four weeks.
The ‘K’ wire was removed, along with the plaster and he then had a course of physiotherapy for approximately three months. Following this, the claimant was referred to a hand surgery consultant. His finger was splinted with a double tubi-grip splint and he had further physiotherapy.
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Accident Compensation
Prognosis: The medical evidence suggested that good alignment was achieved but there remained some deformity at the sight of the fracture.
The claimant regained significant, but not full degree of mobility and it was reported that he would be left with a certain degree of hand function deficiency, in the region of 10 per cent. There was a small chance that he may be forced to consider amputation, however there was no significant increase in the chance of arthritis developing in the finger joints.
Out of Court Settlement: £13,000 total damages.
Background to Damages: The case was settled broadly on the basis of the following heads of loss:
Pain, suffering and loss of amenity: £6,250; Handicap in the labour market: £3,000; Future treatment costs: £1,000; Loss of earnings: £2,750.
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