Mr S was working as a carpenter on a building site to support his young family when he fell through a skylight hole in the roof. Investigation of the building site by the Health and Safety Executive (HSE) highlighted serious deficiencies in health and safety practices. Through collaborative working with the opponents in the claim, we secured early access to rehabilitation and achieved a successful settlement at the earliest opportunity. 

Senior associate Hayley Symington and senior paralegal Helena Khullar outline our client Mr S’s claim and rehabilitation journey.

The injury

Mr. S sustained injuries in 2022 while working as a carpenter on a residential property. He fell from the roof of an extension through a skylight hole, to the concrete base approximately 3.5 metres below. Mr S sustained very serious spinal injuries.

The Health and Safety Executive carried out an investigation into and found the defendant company had failed to properly plan, supervise and carry out work at height in a manner that was safe, so far as was reasonably practicable. The defendant company was given a Notification of Contravention for the failure to plan work at height.

Admission to hospital

Mr S was originally treated by the London Ambulance Service, who transferred him to the Major Trauma Centre at St Mary’s Hospital, Paddington, where he required surgery to stabilise his spinal fractures.

Mr S received inpatient rehabilitation at Charing Cross Hospital, but after just a month and a half was discharged home to a small two-bedroom flat where he lived with his family.

Several months later, he was admitted for further inpatient rehabilitation at the National Spinal Injuries Centre at Stoke Mandeville Hospital. A dedicated husband and father, Mr S was discharged at the end of his children’s summer holidays to assist his family when his children returned to school.

Instruction of Stewarts

Mr S instructed Hayley Symington shortly after sustaining the injury to investigate a personal injury claim. The claim was pursued against the defendant company via their insurers.

Following an early discussion with the defendant solicitors, it was agreed the insurer would fund case management input on a joint basis through the Rehabilitation Code.

Despite a full denial of liability by the defendant, Hayley continued to work collaboratively with the other side to ensure Mr S’s recovery and rehabilitation was prioritised, whilst the claim continued to be investigated.

Over the following 12 months, Mr S received a full package of support including on-going case management input, orthotics and various therapies (private physiotherapy, hydro, occupational and vocational therapy as well as psychological assistance and urology input). Mr S also received a benefits review and on-going support, a driving assessment and lessons, and funds for a gym membership and a cleaner.

Mr S was entirely committed to his rehabilitation and did everything possible to work towards his recovery. The input funded by the defendant insurer under the Rehabilitation Code, as well as Mr S’s self-will and drive to improve, meant that he made significant progress that otherwise would not have been achievable.

Throughout the course of Mr S’s rehabilitation journey, his wife provided him with the unwavering support that he needed in order to make real improvement.

Settlement

Expert reports were obtained to consider Mr S’s injuries and support needs in the future. Throughout the legal claim, Mr S remained calm and positive in his approach while adjusting to his life-changing injuries.

A seven-figure settlement was negotiated with the defendant towards the end of 2024. This was achieved at an early stage in proceedings, which avoided Mr S having to endure the stressful process of a litigated claim.

Having been unable to return to his work as a carpenter post-injury, the settlement provides Mr S and his family with financial security for the future, as well as on-going input on a private basis for his recovery and rehabilitation. Mr S now has the funds to secure accessible accommodation so that he and his family can start a new chapter together.

Client testimonial

Mr S says: “From the beginning of the case Hayley Symington was very professional, understanding, kind and her attention to detail during the case was absolutely incredible. Stewarts’ reputation and professionalism is well known by patients who have sustained major life changing injuries, legal and case management professionals and the Spinal Injury Association alike.

We express our deepest, heartfelt appreciation to Stewarts, especially Hayley and her team. Thank you for your help during the most difficult time in our lives.”