Our client had an accident while working in a McDonald’s restaurant in Cornwall.
The accident at McDonald’s occurred as she was leaving work at the end of her shift. She slipped on an area of wet flooring, falling onto the floor and suffering a severe fracture of her left wrist.
The floor had recently been mopped by one of her colleagues who had left the floor excessively wet. She had also failed to put out “wet floor” warning signs.
McDonald’s denied that the floor was wet, despite what was stated in their own accident book and safety meeting notes. In addition McDonald’s notification to the Health & Safety Executive confirmed that the floor was wet.
McDonald’s blamed our client for for the accident, alleging she had not taken enough care and had worn the wrong kind of shoes; even though she had never previously been warned about her shoes, which were flat and had decent grip from the soles.
Despite these denials by McDonald’s we maintained the view that our client had a valid claim for compensation and we agreed to pursue it on a No Win, No Fee basis.
We sought disclosure of key documents relevant to the accident at McDonald’s, including their risk assessments, training records and cleaning records. The company was reluctant to comply but we insisted that these were produced as they were important evidence.
The accident at McDonald’s left our client with a deformity to her wrist. She also suffered reduced movement, persisting pain and ongoing disability. Our client had extensive medical treatment including corrective surgery and physiotherapy.
At the time of the accident our client was working her notice period and had already secured another position with a healthcare company. However, following the accident she was unable to take up this role and spent some considerable time unemployed due to her injuries.
As well as sustaining physical injuries our client also suffered psychologically. She was particularly conscious of the significant scarring to her wrist and felt depressed about her physical restrictions which hindered her on the job market.
To support her claim we obtained medical evidence. We arranged for our client to be examined by a Consultant Orthopaedic Surgeon as well as a Clinical Psychologist.
McDonald’s continued to deny liability for the accident, so court proceedings were issued against the company.
A Defence was served which maintained the denial of liability for the accident at McDonald’s. We made it clear to their lawyers that we were pressing on with the claim and would take the matter all the way to a trial if necessary.
However, as is so often the case the Defendant backed down when they saw we were serious and made an offer to settle the claim out of court.
Our client was delighted with her compensation package commenting, “what can I say? Thank you sounds so inadequate but I can think of no other word in the English language to express my gratitude and appreciation for all your hard and patient work in bringing about this successful conclusion.”