Failure by an employee to disclose a pre-existing medical condition when applying for a job with an employer can be used by the employer should this omission come to light at a later stage.

In the course of making a delivery to a school, the Pursuer fell and suffered injuries to his head, arm and back.  The head and arm injuries were minor but the back injury, which appeared to be a simple soft tissue lumbar strain, apparently causing the development of a mechanical low back pain condition which was continuing.

Apart from the solatium aspect, the claim included loss of employability and was therefore of potentially significant value.

A detailed investigation of the Pursuer’s medical condition brought to light a pre-existing history of back pain going back some twelve years before the accident, as well as possible back problems as a result of three different road accidents.

With this information available, we were able to negotiate a very effective settlement with the saving potentially running to thousands of pounds.

Investigation of Occupational Health and Medical Records, where appropriate, has the potential to disclose highly relevant information which may not be volunteered by a Pursuer and can result in a significant saving.