The claimant was working on the Cae Felin site in Denbigh on 30 June 2021 when an embankment allegedly constructed by the site operator collapsed beneath him. The claimant was standing on the shale bank clearing dismantled scaffolding materials when the ground gave way, causing his left foot, ankle and leg to be forced under nearby scaffolding.
He sustained multiple fractures, including:
- A fracture dislocation of the talonavicular joint
- A cuboid fracture at the calcaneocuboid joint
- A comminuted fracture of the lateral malleolus
- A minor head injury
He underwent surgery the following day and was unable to bear weight until August 2021.
Liability Accepted by Insurer
An open email from Aviva Insurance confirmed the insurer accepted liability on behalf of Castle Green Homes for the incident. Garratts Solicitors relied on this admission and pursued damages for injuries, losses and long?term impact.
Long-Term Complications and Declining Mobility
Medical reports indicated that the claimant faced significant degenerative changes in his foot and ankle, with a 50–70% risk of arthritis developing in key joints within ten years of the accident. By 2024, he was experiencing constant pain, swelling, disturbed sleep and could walk only around 50 yards before the discomfort became severe.
Further fusion surgery was anticipated.
His symptoms worsened to the point he could no longer continue his scaffolding work, and his employment was terminated in December 2022. He was unemployed until his retirement at age 66 the following year.
Psychological Impact
In addition to physical injuries, the claimant developed an Adjustment Disorder, for which he received Cognitive Behavioural Therapy