Nichola Fosler, Partner in our Personal injury department conducted the claim, assisted by Associate Huseyin Kahyalar. Stuart McKechnie KC and Daniel Lawson acted as counsel for our client.

The key details from the case

Callum sustained a below knee amputation in an incident at work in August 2023. Before his injury, Callum had a busy and active lifestyle. He enjoyed his job and was hoping to retrain to become a welder. He was training for the Southampton Half marathon and volunteered as a cub leader. He had started the Gold Duke of Edinburgh award and King Scout award. He also taught archery and played the drums.

Background

Callum was injured in an accident at work for A J Wells & Sons on 15 August 2023, when a loaded trolley toppled and metal sheets that it was holding fell onto him, crushing his legs. At the time Callum was working as a knocker outer but had plans to retrain to become a welder. The company specialises in the manufacturing and installation of wood burning stoves, signage, cladding and vitreous enamel products including signage for the London Underground.

A claim was brought against his employer for failing to provide him with a safe place and safe system of work. The employer, through its insurer and solicitor worked collaboratively through the case providing interim payments and liability was admitted.

The Health and Safety Executive investigated the accident, and criminal proceedings were brought against the employer for failing to discharge general health, safety and welfare contrary to the Health and Safety at work Act 1974. This case was recently reported by BBC News: Isle of Wight company fined £200,000 after man’s leg amputation.

Callum instructed Stewarts to act on his behalf at an early stage, allowing his legal team to provide early notification of the claim to the Defendant and its insurer.

The parties sought to work collaboratively and obtained significant interim funding throughout the case. This enabled funding of private rehabilitation measures, which were implemented under the oversight and coordination of a case manager.

Callum’s home was adapted with the installation of a wet room and permanent ramping to improve accessibility. He was also referred to Proactive Prosthetics, a private clinic in Godalming and received inpatient rehabilitation through Remedy Healthcare. Alongside this, Callum benefited from treatment and support provided by a diverse team of specialists, including physiotherapists, a mobility consultant to advise on vehicle adaptations, a personal trainer, an occupational therapist, a vocational occupational therapist, an orthotist and psychologist.

Callum was also referred to an orthotic footwear specialist through whom he was able to order bespoke shoes that he could wear with his prosthetics for social occasions. In addition, to this he purchased a cosmetic (lifelike) prosthetic limb which he planned to wear socially.

How Stewarts were able to help

Stewarts instructed a wide range of experts to ensure that Callum’s prognosis and long-term needs were fully assessed.

Callum’s claim was effectively resolved within just over 2 years of the date of his injury. This was largely due to the collaboration between the parties throughout the case, including regular interim payments to meet Callum’s rehabilitation needs. This resulted in a negotiated settlement of a seven-figure lump sum, to ensure that Callum’s lifelong needs would continue to be met.

Returning to hobbies

Many of the charities that Stewarts supports, including @Limbpower and the @Limbless Association, highlight how important it is for someone’s long term physical and mental wellbeing to be able, where possible, to return to their previous hobbies or try new hobbies.

During the claim process Callum was able to attend the Limbpower games which is an annual event held at Stoke Mandeville stadium. This provided him with the opportunity to trial a variety of adaptive sports. Through the claim he was able to purchase a dedicated sports prosthesis to enable him to return to the gym and other sporting activities. The purchase of a dedicated water activity limb enabled Callum to return to kayaking which is a sport he did regularly with the scouts. He also trialled various microprocessor feet and during the claim he was able to purchase an Empower foot. This was hugely beneficial to him when attending scout jamborees, as it enabled him to walk longer distances with reduced fatigue. During the claim Callum also purchased an e-bike to enable him to return to cycling and a power chair and Triride which he could use for cub outings and jamborees. He also sought advice before purchasing suitable adaptive camping equipment.

Callum was also keen to return to his pre accident hobby of playing the drums. Advice was sought and adaptations were made to his drum kit to enable him to return to this hobby.

Returning to work after serious injury

It is a common misconception that the claims process discourages people from returning to work following a catastrophic injury. However, Stewarts fully appreciates how important a return to work is for its client’s including providing them with a sense of purpose, daily routine and helping their social wellbeing.

Callum’s employer was supportive of him returning to work and to continue with his plan to retrain as a welder. Via the claim a private vocational occupational therapist was employed to work with Callum and his employer to manage his phased return to work on a part time basis and training to become a welder. Through the claim he was also able to purchase a dedicated prosthesis for use at work.

Client Testimonial

How would you describe Stewarts’ level of professionalism and legal expertise?

Excellent, no other words needed. Right from the start I have been extremely impressed with Stewarts which provided great comfort in an extremely difficult time

What in particular do you like about working with Stewarts?

I would say the personal attention to detail and also understanding. It was a very difficult time for me and my family to deal with and was made that much easier knowing that my interests were held as priority number 1.

What are your overall impressions of Stewarts? 

Again, excellent – I would have no hesitation in recommending Stewarts (and in particular Nichola and the team) to anyone looking for a PI settlement.

Have you been able to return to any of the hobbies or activities you enjoyed participating in before your injury?

Thanks to Stewarts and the advice from the professionals they introduced, I have been able to resume the hobbies and activities I enjoyed before my accident and, where necessary through Stewarts requesting interim funding, purchase new/adaptive equipment. For example, a new tent which allowed me to return to camping with my scout group.

How much did the settlement you received help you to be able to return to these activities?

Tremendously. I would not have been able to return to most of my activities without intervention from Stewarts

Have you taken up any activities or joined any groups since your injury that you had not considered beforehand?

Not at the moment, however I do intend to take up wheelchair basketball in the future.

What difference has the settlement made to your life since you suffered your injury?

Huge. Without the settlement achieved through Stewarts I’m not sure where I would be. The settlement has allowed me to know that I can now relax understanding that I am financially compensated and in the knowledge that I can afford all of the adaptations that I will be needing in the future.

Conclusion

Callum’s story highlights the impact that the right support can make in achieving independence.

How we can help with your claim

Stewarts has a number of personal injury specialists with experience in acting for clients who have been injured in road traffic accidents. To discuss your prospects of a successful claim, please contact us today on or complete our online enquiry form.