Fall ended decorator's career and led to his marriage breakdown

A firm has paid out £320,000 compensation to a painter and decorator injured in a fall at work after initially accusing him of making it up.

The 48-year-old man, who has been unable to work in the industry since because of his injuries, said he underwent a personality change that led to the breakdown of his marriage.

The legal firm that represented the sub-contractor said Caledonian Modular Ltd, Carlton-on-Trent, initially disputed the claim on the basis of fundamental dishonesty.

However, just a few weeks before the case was due to be heard by a judge in the county court, the firm’s legal representatives withdrew the allegation.

Hudgell Solicitors said Caledonian then admitted the accident had happened, but denied it caused serious injury.

The painter, of east Yorkshire, had been working on the inside of a modular unit, standing on a ‘step-up’ to reach a ceiling.

He alleged sparks suddenly came through a hole in the wall next to where he was painting, caused by a worker using a cutting machine outside.

That resulted in the victim falling backwards off the step and on to the floor.

An independent medical expert — instructed to provide an unbiased opinion as part of the legal case — concluded he had suffered a massive rotator cuff tear of tendons and ligaments in his shoulder, causing a long-term injury that prevented him working above shoulder height again.

Hudgell Solicitors said that evidence was accepted by the judge, who ruled the firm had failed to protect the worker by having suitable safety measures in place — and had ultimately been at fault for the accident and the end of the man’s ability to work as a painter and decorator.

Specialist personal injury solicitor Leanne Stephenson, of Hudgell Solicitors, described the approach from Caledonian Modular as appalling.

She said the firm had sought to hide from its responsibilities to a man who was left unable to work at all for two years after the accident, and unable to return to a job he had done for 25 years.

The legal claim alleged the firm failed to carry out appropriate risk assessments and failed to provide a safe system or place to work. The claim said Caledonian Modular exposed him to foreseeable risk of injury by allowing him to decorate inside a unit on which cutting work was being conducted on the exterior.

'My entire personality has changed'

Recalling how the incident unfolded, the injured man said: “My reflex reaction was to move away from the sparks. I twisted my head and neck away, lost my balance and fell backwards off the step, landing on my side on the floor.

“I got up, annoyed at what had happened. I immediately went outside to confront the person responsible. He said he had been told there was no one in the unit.”

The painter and decorator was taken to hospital by another worker and initially diagnosed with soft tissue injuries.

He was signed off work by his GP, later went to see a physiotherapist as there had been no improvement, was eventually referred for an MRI scan and, a year after the accident, underwent surgery to repair the rotator cuff tear.

That left him in a sling for 12 weeks and in need of six months of intensive physiotherapy.

“I have been significantly affected, not only physically but mentally. My entire personality has changed,” he said.

“Prior to the accident I would describe myself as a happy-go-lucky person. I now have little interest in anything and I am tense and irritable.

“At the time of the accident I was married, but due to my personality changes my wife and I have separated.

“I was a painter and decorator for 25 years, but as I cannot do that anymore I have had to take unskilled work for a much lower wage.”

Personal injury specialist Leanne Stephenson said: “The impact of this accident on our client’s life had been huge. Nevertheless, the defendant sought to avoid its liability to pay compensation by alleging that he had completely fabricated the incident.

“It was an appalling approach to put accusations against our client in a bid to pressurise him into dropping his case as a defence of this type, where successful, can have far-reaching implications for a claimant, including significant financial sanctions and potential criminal charges.”

The compensation settlement included damages for pain, suffering and loss of amenity; loss of and a reduction in earnings through to retirement age; being left disadvantaged in the open labour market; and additional costs and expenses incurred due to his injury.

Caledonian had not responded to a request for comment as the Advertiser went to press.