Assisting our client to provide pastoral support to their employee after workplace injury

  • Transition from care packages to independent care

  • Full review of benefits with DWP

  • Arranged daily care and meals on wheels

  • Achieved settlement of the claim

Background

Our client produces a popular TV show, on which the Injured Party was employed as an extra. While on set the extra tripped over an unmarked step which resulted in a leg fracture. Initially, the matter was notified for information only and Davies was tasked with arranging some early rehabilitation to assist with her recovery. The production team had a close interest in the outcome, as the extra, an elderly lady, was a long-standing member of the show.

She unfortunately experienced complications with her recovery due to other falls and comorbidities, which were further exacerbated by delays caused by the Covid-19 pandemic. Living alone and with no real support network, additional support and a pragmatic approach were necessary to ensure she had the care and support that was required. We were also mindful that the extra was unrepresented and would be considered vulnerable.

How we helped

It became apparent that medical evidence was required to distinguish incident related injuries from pre-existing and other unrelated conditions. We successfully arranged medical examination by an appropriate Consultant as well as a chaperone for the appointment.

It was determined that the extra’s accident-related injuries caused a little over a year’s worth of symptoms, with continuing issues being due to unrelated injuries/ conditions. The claimant had become reliant on the care package that we had arranged for her on the client’s behalf so we implemented a  plan  to gradually transition her to independent care arrangements. we also arranged for her to have a full review of her benefit entitlements with the DWP, which revealed that she had been significantly underclaiming her entitlement and was on a very low income. Once that situation was rectified, she was assisted in arranging daily care and meals on wheels.

The final aspect was to address compensation. Although the extra had made no formal claim at any point, Davies carefully reminded her that she was entitled to seek independent legal advice to assess whether she was entitled to compensation for the injuries suffered. We then helped by identifying and signposting charities that could guide her in selecting a solicitor to represent her. Davies subsequently negotiated settlement of the claim with her solicitors.

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