A GRAYS man has received a multi-million pound compensation package after his employers lost a legal battle – claiming he had contributed by his own negligence towards the accident at work that resulted in him have a leg amputated.

29-year-old Damien Bundock, described as a 'fitness and motorbike enthusiast' is now forging a new life after winning his case against S Walsh and Sons following the accident in 2017, the same year the then locally-based haulage and demolition firm was taken over by the  GRS Group.

Mr Bundock was crushed by machinery that weighed three tonnes when he was working on a demolition project at a site in Essex. He was airlifted to hospital but, despite extensive efforts, doctors had no choice but to amputate his lower right leg.

As a result of the life-changing injury, the then 24-year-old was unable to return to work for some time and with his employers alleging he was to blame for the accident he turned to legal firm Thompsons Solicitors to fight his case for compensation.

Management at S Walsh & Sons, who had logged his accident as a 'broken ankle', argued that his compensation should be reduced to reflect that he was partly at fault, even though he had not been trained adequately to perform the job in the first place.

However, in the end Mr Bundock's case was proved.

Thompsons argued that, as Mr Bundock had been a keen runner, swimmer, and motocross rider prior to the injury, he would need multiple adapted limbs to allow him to get back to doing what he loved most.

Not only did they secure substantial interim payments – allowing Mr Bundock to cover the cost of his initial prosthetic limbs – but they also obtained a multimillion-pound compensation package to pay for four other prosthetic limbs, including an advanced powered microprocessor prosthesis (Empower) and a running blade. The settlement ensures Mr Bundock can not only pay for other adaptations, but that he will not be left in financial difficulties if he struggles to find work in the future.

While his main prosthesis allows him to perform daily activities, he now has specialist limbs for swimming, running, motocross riding and other more strenuous tasks.

Mr Bundock, who was put in touch with Thompsons after beginning his recovery programme with Pace Rehabilitation, the UK's largest independent provider of amputee rehabilitation services, says: "I wouldn't be where I am without Thompsons and the team at Pace. I feel so incredibly grateful to have had such amazing support around me.

"I was over the moon to receive enough money for five prosthetics. I was told by my legal team that even three is a big success, and so I didn't expect that I'd ever be able to pick up all the sports that I loved doing again. But they pushed me to go for it and gave me the confidence to see my claim through to the end.

 "I have a lot of travel plans in the pipeline, none of which would have been possible without the support I have received and the use of my prostheses."

Mr Bundock was represented by Thompsons' Nicola Saunders who said: "Seeing such a young, vibrant person suffer a life-changing injury like this is never easy, but it's even more upsetting when you know that it could have been avoided entirely had his employer followed basic health and safety procedures.

"Incredibly, not only did his employer refuse to take full responsibility and seemingly attempt to cover up the severity of Damien's injuries, they tried – until a month before trial – to claim Damien was partially responsible for what happened which created massive additional and unnecessary stress for him.

"Damien was an active young man before the accident, we were determined that with the right rehab, equipment and team around him, he should have the chance to get back to the hobbies he loved, including motocross, the running track or being able to swim and snorkel.

"With his prostheses, especially the Empower – which mimics the inactive or absent calf muscles to provide power and stability to users – he will be able to return to living a life that any healthy person in their 20s would expect.

"He will, of course, still face challenges when it comes to future employment as well as continuing physical and psychological effects of his injury, but with the excellent work of the team at Pace, he is in the best possible position to move forward with his life."

While Mr Bundock is currently not in employment, he is hoping that, with his new prostheses, he will be able to return to full time work.

Jamie Gillespie, a prosthetist at Pace, said: "Supporting Damien through his rehabilitation has been an absolute pleasure. From early use of his prosthesis, we saw a positive change to his mood, as he worked hard and progressed well. With access to good care, advanced prosthetic devices, and excellent physiotherapy support, he has returned to an active and independent life. We cannot ask for more than that."