Hotel worker secures five-figure sum after horrific elbow injury

Blanch McGinlay worked at the Village Hotel in Glasgow for almost eight years and was due to finish up for her holidays when her accident at work happened.

The 56-year-old went to fetch a glass of water for a guest when she tripped over a plastic dishwasher tray which was jutting out into the walkway behind the bar.

She said: “I tried to reach out to grab the bar but I fell down onto my knees and my right elbow hit the floor. I felt as if it happened in slow motion.

“I thought I had broken my arm – the pain was excruciating.”

A colleague drove Blanch to the Queen Elizabeth University Hospital where she was admitted to the Minor Injuries Unit where an x-ray confirmed she fractured her right distal humerus (the lower part of her upper arm) – this meant Blanch needed surgical treatment.

She recalled: “The doctor said I looked as if I had been in a motorbike accident with how serious the fracture was.

“When I was taken into the theatre they put plates and pins in my arm. I now have a scar about six inches long over my elbow.”

The hotel worker could not return to her job for nearly five months and struggled to carry out everyday tasks like getting washed and changing her clothes.

She decided to get help with a workplace accident claim after hearing an advert for Digby Brown on the television.

Blanch said: “I hadn’t received an apology from my employer and they said they weren’t at fault. Everyone was telling me to take it further.

“My husband had to take time off work to help me and Statutory Sick Pay was just not enough to live on.

“I saw the Digby Brown adverts on TV and when I asked my friends and family they also recommended the firm – that was good enough for me.”

Lisa O'Donnell, solicitor from our Glasgow office, took on the case.

She gathered all the information needed to build a case for Blanch including medical records and witness statements from colleagues.

When the Village Hotel denied liability, Lisa gathered evidence which showed the dishwasher tray had been moved to a shelf after the accident, no longer presenting a tripping hazard.

She argued that if the tray had been stored on the shelf prior to the incident, then Blanch would not have been injured.

An initial offer of £10,000 was made by insurers but this was refused as Lisa knew such an offer was unfair.

The insurers then made a second offer of £15,000 but again, Blanch was advised to refuse this.

Lisa then put forward a pursuer’s offer of £17,000 to insurers which was accepted.

Blanch said: “I was a little frightened to take a claim forward but once I knew it was the hotel’s insurance that would pay out, not my employer, that made me feel better.

“I didn’t even think I would get anything – I was genuinely surprised by the outcome and a financial burden has been lifted.

“The service was fantastic. Lisa kept me informed all the way through and gave me advice, but I’d also like to thank the person I first spoke to when I made the call - they were really friendly and reassuring.

“I can’t thank Digby Brown enough for everything they did for me.”