Legal News

The family of a cable fitter who died after taking an accidental overdose of painkillers after a work accident has been awarded a five-figure sum in compensation.

The Daily Mail reports that 36-year-old Daniel Batchelor from Weymouth in Dorset had his lower right leg amputated after it was fractured in two places in a fall from a ladder at work.

Mr Batchelor suffered intense pain after the amputation and bought painkillers online to try and ease it.

However, he had suffered from memory impairment after the accident and it is believed he unknowingly took an overdose and choked on his own vomit while sleeping – resulting in oxygen deprivation, brain injury and subsequent death. Mr Batchelor was found unconscious in bed by his partner, but could not be saved.

In a claim for compensation for Mr Batchelor’s death following his work accident, his employer admitted that he had been provided with the wrong ladder for his job. He had been working for Wifigear Ltd as a wireless installation engineer in 2011, when the ladder collapsed beneath him.

Mr Batchelor fell 12ft to a concreted area beneath the ladder and broke his leg in two places, while also fracturing a wrist.

He underwent several surgical procedures after the accident – but developed compartment syndrome in his injured leg, which causes pressure within the muscles to build up to dangerous levels, resulting in paralysis and infection.

Mr Batchelor’s long-term partner Shari Newman found him unconscious in his bed on 22 January, 2014. The couple have a three-year-old son Alfie and had been planning to marry last year.

At a hearing at Dorset Coroner's Court, Coroner Sheriff Payne said there was no evidence to suggest Mr Batchelor had taken the drugs with the intention of ending his life – and added that it was another episode involving him trying to relieve his pain, but misjudging the amount of medication he was taking.

The inquest found Mr Batchelor had died as a result of an accidental overdose, taken with the intent of relieving pain in his leg.

Mr Batchelor’s former employer has admitted he had been given a ladder to carry out his work – despite the ladder being “inappropriate and dangerous” for the task he was trying to do.

Mr Batchelor’s family – including three-year-old son Alfie – has now been awarded an undisclosed five-figure settlement after taking legal action. His fiancée Shari Newman, 35, said that he was desperate to return to work after the accident and subsequent amputation of his leg – but added that Mr Batchelor realised that he was lucky to have survived the fall.

“Our family are still desperately struggling to come to terms with what has happened to Daniel – and the most heartbreaking thing is knowing Alfie will have to grow up without a father,” Ms Newman said.

”He wanted to be able to provide for me and Alfie – and he was desperate to be able to return to work. Even after his amputation, Daniel talked about training to become a postman.

“But Daniel struggled to manage his pain and it was very hard watching him suffer.

“Companies have a duty to provide appropriate work equipment – and if Daniel's employers had done this, he would still be here today,” she added.

Ms Newman is calling for a change in the law to prevent others from buying certain drugs over the Internet.

“Daniel felt completely helpless – and he thought the only way he could cope with the pain was to purchase his own medication.

“The drugs Daniel bought should not be available over the Internet – and more should be done to raise awareness of the huge risks that come with taking them.

“I am relieved that the legal process has come to a conclusion and I can now try and focus on mine and Alfie's future.

“It is heartbreaking to think what we have been put through as a family – all as a result of an accident which was completely avoidable,” Ms Newman added.

Duncan Lewis Personal Injury Solicitors – No win no fee Work Accident Claims & Amputation Claims

Duncan Lewis is a leading firm of personal injury solicitors and can advise workers who have been injured as a result of an employer’s negligence on how to make a no win no fee claim for compensation, including Work Accident Claims relating to:

• Amputation
• Back injury
• Brain injury
• Burns
• Crush injuries
• Electrocution
• Fractures
• Head injury
• Paraplegia/quadriplegia
• RSI
• Spinal injury
• Road traffic accident injuries.

Personal injury claims can be made within three years of an Accident at Work or diagnosis of injury relating to an accident at work, such as lung disease resulting from exposure to hazardous materials, chemicals or fumes in a work accident.

For expert legal advice on no win no fee Accident at Work Claims, call Duncan Lewis personal injury solicitors on 020 7923 4020.