Damages for brain damaged employee injured at work
Mr Mistry’s wife, Damini Mistry said: "This accident has caused a great deal of injury to my husband followed by a great deal of trauma to us all. Kantilal requires long term personal and medical care and our lives have been shattered. The financial and practical effects are huge. I have lost my husband. I have to live with this for the rest of my life and so does he."
Kantilal Mistry from Stanmore in North London was an employee of Team Q Maintenance and in July 2005 was sent to a job at an advertising company’s premises in London. He was required to work on an air conditioning unit which sat on a roof platform.
Access to the unit was difficult and had been previously assessed by Team Q Maintenance as a risk. Despite the apparent hazard which his employer was aware of, Mr Mistry was not informed of the issue. He sought access to the area using a ladder and was later found on the floor, his foot caught in the ladder.
The assumption is that he had fallen whilst descending the ladder. Materials stored around the access point had made it difficult to access the platform safely.
As a result of the accident Mr Mistry suffered a fractured skull and sustained brain damage and other injuries. He has not worked since the accident, has difficulty with basic activities and must be attended to by carers daily.
After negotiations Team Q Maintenance, has accepted the majority of responsibility, 80%. It has been accepted that Mr Mistry bears 20% responsibility. Mr Mistry will receive an initial £100,000 interim payment but expects to receive a substantial award once the claim has been fully quantified.
This settlement on liability was approved today at the Royal Courts of Justice, London before the honourable Mrs Justice Slade.
Jill Greenfield, Partner and brain injury compensation specialist at Fieldfisher said:
"This was a difficult case. There were no actual witnesses to what had happened, but what was clear was that Mr Mistry’s employer had already assessed access to the unit as difficult and dangerous. The settlement reflects the fact that Team Q maintenance accept the majority share of the blame, 80%, the 20% concession represents contributory negligence on the part of my client.
I am pleased that we have now managed to resolve the issue of liability favourably. Mr Mistry has very significant care needs. The interim payment will be used to deal with those needs. I will now be starting the process of assessing the full financial value of this case but expect that ultimately it will be a seven figure sum."
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