Alastair Chiswell recently achieved a successful outcome for a client facing a significant personal injury claim against them.

His client was a self-employed builder who worked on a building site alongside several other self-employed tradespeople. During the course of the works, one of the workers attempted to use an angle grinder to cut a piece of metal. The blade shattered, causing a serious and deep laceration to his arm. He was subsequently treated at hospital and required surgery. The worker brought a claim against Alastair’s client, arguing that the relationship between them was one “akin to employment”. On that basis, he alleged that Alastair’s client owed him the same duties as an ordinary employer would owe to an employee.

Had the claim succeeded in full, the damages were estimated to be in the region of £30,000. In addition, Alastair’s client faced the prospect of paying the Claimant’s legal costs and medical expert fees, potentially amounting to a further £15,000.  – £20,000.To complicate matters further, Alastair’s client did not hold any relevant insurance to pay out on the claim, and as such his client would have been responsible to pay any damages or costs in full if the Claimant was successful.

Alastair became involved as soon as his client received notification of the claim, and moved quickly to assess the all the circumstances and the potential exposure faced by his client. Having carefully considered the evidence, Alastair identified potential arguments that their relationship was not one akin to employment and that the duty of care alleged by the Claimant did not arise. There were also inconsistencies in the various accounts provided by the Claimant, which raised significant concerns regarding his credibility and the strength of the Claimant’s case. With the deadline for responding on liability approaching, Alastair adopted a proactive approach and made an early offer to resolve the claim. The offer was accepted before the expiry of the relevant response period. As a result, the Claimant’s damages were limited to just £5,000, while Alastair’s client’s liability for the Claimant’s legal costs was restricted to only £1,080.00.

By acting quickly and taking a strategic approach at an early stage, Alastair was able to bring the matter to a conclusion while substantially reducing his client’s potential exposure to damages and costs. This case demonstrates the importance of seeking legal advice at the earliest possible stage when a personal injury claim is made against you. Taking prompt advice can have a significant impact on both the level of damages and the legal costs you may ultimately be required to pay.

Key Points: 

• You should not assume that individuals who work with or alongside you cannot be regarded as your employees simply because there is no formal contract of employment in place. An employer–employee relationship can arise from a range of circumstances, and the courts will look beyond the label given to the working relationship. Depending on the nature of the arrangement, you may find yourself legally responsible for injuries suffered by other workers in much the same way as an employer would be responsible for an employee.
• Determining whether an individual is legally considered an employee can require detailed analysis of the working relationship and the surrounding circumstances. Establishing their true employment status may therefore be crucial in determining the extent of your legal duties and potential liability.
• Personal injury claims are subject to very specific costs rules which, apart from in certain very limited exceptions, will mean that you will be unable to claim back your legal fees, even if you are successful in defending the claim.