Last updated on November 30th, 2021 at 11:36 am

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Mr Levick, from Sheffield, was at work at Home Delivery Solutions in Chesterfield, speaking with friends.  As he said goodbye he hopped away in a comical fashion, but landed on the edge of a surface pothole and fell, inverting his ankle. Despite the accident being witnessed, Mr Levick’s employers claimed that the accident was fraudulent and did not accept liability.

Employer says claim is fraudulent

Home Delivery Solutions produced CCTV evidence of the incident, hoping it would damage Mr Levick’s credibility and to allege fundamental dishonesty.  The employer said that the whole accident was staged, the claim was fraudulent, dishonest and grossly exaggerated.

Mr Levick insisted his accident and injury were genuine and, although CCTV did not particularly favour Mr Levick, we were sure he was telling the truth and took on the case. Court proceedings were issued and Mr Levick attended a liability trial, where one third contributory negligence was found.  This meant that a two thirds liability was found against Home Delivery Solutions.

Work accident turns into CRPS

We then set out to establish the value of the claim.  Mr Levick appeared to have suffered only a minor soft tissue injury and a claim for £3,000 – £5,000 was anticipated.  However, Mr Levick developed a severe, debilitating version of complex regional pain syndrome (CRPS).  His injured foot became almost useless, he was unable to walk, and manual work was unlikely in the future.

Employer says condition is exaggerated

Home Delivery Solutions denied the claim in full.  It tried to intimidate Mr Levick and put him off making a claim, by telling him he would never win, that no one ever won a claim against itself and it would pay for the best barristers to beat him. He was also told that his career was finished with the company.

Home Delivery Solutions relied on its own medical evidence (from an eminent pain expert) to suggest that Mr Levick’s accident could not be the cause of his CPRS, that it was somatoform disorder – purely psychological – and that he was deliberately exaggerating.  It was also suggested that a white crusty residue on Mr Levick’s foot, redness and swelling that resulted from not using the limb, were actually caused by using steroid cream. It was suggested the non-weight bearing was deliberate and that, at examination, Mr Levick walked up steps and showed no signs of CRPS. Home Delivery Solutions pleaded fraud in its defence.

Mr Levick relied on reports from four experts, an orthopaedic surgeon, a psychiatrist, a chronic pain expert and an employment and vocational expert – each of which was rebutted by his employer’s medical experts. Surveillance was produced of Mr Levick appearing to weight bear. However, Graysons won the case for Mr Levick, who received two thirds of the gross sum of £260,000.

Graysons’ substantial experience helped win complex case

This case was complex in terms of medical evidence, existence of CRPS and allegations of fraud/dishonesty.  Home Delivery Solutions applied significant pressure on Mr Levick, who was understandably worried about liability for costs.

At times, Mr Levick’s prospects were seen to be around 51%, but our belief in the case and previous experience dealing with such complex issues, including allegations of fraud, led to success.

If you have had an accident at work and wish to talk to an expert about claiming compensation, contact us now.  You can also find out more about work accidents on our website.