Driver’s £20,000 ‘epilepsy’ pay-out

A RECOVERY vehicle driver has won a £20,000 compensation battle after a fall at work led to him being wrongly diagnosed with epilepsy.

David Walker, from Shaw, was loading a vehicle on to the back of his recovery truck in Stalybridge in January, 2008, when he slipped on a patch of oil and fell 10ft to the ground.

The 35-year-old was admitted to hospital where he was treated for head injuries, bruised ribs and tissue damage.

As a reaction to a phobia of needles, he suffered seizures — mis-diagnosed as epilepsy.

The misdiagnosis resulted in the father-of-one having his driving licence revoked, which meant he couldn’t work.

His employer, The Mansfield Group, based in Stoke-on-Trent, refused to pay for the time he spent out of work.

Mr Walker said: “I went to the hospital and was given some morphine for the pain.

“I’ve always had a phobia of needles and I must have blacked out when I was given the injection.

“The consultant mistook my fear of needles for epilepsy. I knew this wasn’t right and went to a neurologist for a second opinion.”

A brain scan gave him the all-clear, but by that time, the consultant’s report stating Mr Walker had epilepsy had already been filed with the DVLA.

Mr Walker was put on sick pay for 26 weeks by his employer who then terminated his contract.

He then went without pay for another four months while waiting for a decision from the DVLA regarding his licence.

This meant he could not claim incapacity benefits or apply for jobseekers allowance.

Mr Walker, assisted by Manchester law firm Ralli, filed a claim against his employer for the injury sustained and for loss of earnings during that time.

They did not admit liability for the accident but settled out of court.

Mr Walker said: “It was a stressful time for me and I hoped I’d have the support from my employer.

“We had to rely on my wife’s income as the sole salary to support us both and our six-month-old baby.

“The stress and upset at losing my job could have been prevented if my employer had followed the right procedures.

“No-one should ever have to go through what I had to. I want to stop this happening again.”

Emma Hodson, from Ralli, said: “Mr Walker went through a terrible ordeal and did not receive the support he deserved from his employer.

“Ralli sued the company for damages of £21,000. Up until then they had disputed liability.

“We are happy Mr Walker can now put the events of the case behind him.”