Background

This case concerned an MOJ (Ministry of Justice) Portal Employer’s Liability (EL) claim following a workplace accident in 2022. The Claimant, a 72-year-old maintenance operative employed by our client, sustained a back injury while moving a large wardrobe up a flight of stairs at a care home. Due to the absence of a manual handling risk assessment and proper training, the Claimant sprained his back when the wardrobe began to slip, and he attempted to prevent it from falling.

Liability for the accident was conceded within the MOJ Portal, acknowledging that the failure to conduct a manual handling risk assessment constituted a breach of duty.

How We Helped

The case initially followed the MOJ Portal process, but complications arose when the Claimant’s Solicitors exited the Portal, citing a valuation of the claim more than the £25,000 limit for Portal claims. They provided medical evidence from both an orthopaedic surgeon and a psychologist, claiming that the accident had accelerated a pre-existing degenerative spinal disorder. The Claimant sought £17,386.10 for loss of earnings over a two-year period, in addition to general damages they valued at around £15,000, bringing the total claim to £32,386.10.

Our legal strategy focused on challenging both the extent of the claim and the alleged damages. We argued that the Claimant, at his advanced age of 72, may have retired soon regardless of the accident. Furthermore, we emphasized that he had not attempted to mitigate his loss by engaging with his employer’s occupational health or human resources departments before resigning six months after the accident. Given these factors, we questioned the validity of the loss of earnings claim and whether the accident alone was responsible for his inability to work.

In addition, we deployed a well-pitched Calderbank offer to encourage the Claimant to reconsider their claim’s value, warning that should the case go to trial, the costs of the litigation could substantially increase.

Outcome

After a period of negotiations, we successfully settled the case for £17,500. This amount was significantly lower than the Claimant’s original valuation of £32,386.10, achieving a saving of over 45% on damages alone. Moreover, through our strategic use of the Calderbank offer, we limited the Claimant to MOJ Portal fixed costs, totalling just £3,738.00. Had the Claimant succeeded in their assertion that the claim was worth more than £25,000, the costs could have escalated to between £10,000 and £15,000, or more.

Overall, we were able to not only reduce the damages payout significantly but also save a considerable amount on legal costs, delivering a successful outcome for our client.