Unite member compensated after suffering fractured elbows in fall
Unite member, James Midgley, has received compensation from Sheffield City Council after suffering two fractured elbows in a fall.
At the time of the accident, James was about to cross a main road in Sheffield, when he tripped on a pothole in the pavement and fell forward onto his elbows, with his face and torso in the road.
He was taken to A&E, where x-rays revealed that he suffered fractures to both of his elbows, along with cuts and grazes to his face and arms. He underwent numerous sessions of physiotherapy and returned to work as a bus driver a few months after the accident.
He contacted Unite Legal Services to investigate a claim for compensation. It was found that the pavement had been cordoned off for one to two weeks prior to the accident for resurfacing, however, the accident occurred on the part of the pavement that had been reopened, but not properly prepared.
Unite Legal Services argued successfully that Sheffield City Council was at fault, and following negotiations, they admitted full liability. This resulted in an initial offer being put forward which was rejected. A full and final compensation payment was then agreed for James’s injuries and loss of earnings incurred as a result of the accident.
Unite Legal Services made sure that Mr Midgley kept 100% of his compensation with no deductions for legal fees.
James said: “I’m very grateful to Unite Legal Services for their support throughout the legal process. I should never have suffered an injury whilst on a public footpath but I’m glad I had the backing of my trade union to make sure I was compensated for the Council’s lack of consideration for people’s safety.”
Karen Reay, North East Yorkshire and Humberside regional secretary of Unite the Union, said: “Unite Legal Services represents its members for accidents that happen in and outside of work and we’re delighted to have brought this case to a successful conclusion.”
