A welder who has been confined to a wheelchair since an accident at work is suing his former employers for £3m.
Neil Duncan blames Aberdeen-based Forfab Ltd for injuries which left him paralysed from the waist down.
He was struck across the back by a metal beam weighing nearly half a ton while working on a box structure in Forfab's premises in Station Road, Bucksburn, Aberdeen, in May 2009.
His lawyers say he was patching slots which had been cut in the wrong place. The beam fell after two colleagues removed clamps which were holding a cross piece in place about four metres above where Mr Duncan was working.
Mr Duncan, described as a semi-skilled fabricator welder, has had his benefits cut by the equivalent of £100 a week because he was deemed "employable", a judge was told on Friday.
He was taken to Aberdeen Royal Infirmary before being transferred to a specialist spinal injuries unit in Glasgow for surgery and rehabilitation.
Aberdeen-based Forfab Ltd are contesting the size of the award but accept they will have to pay some damages.
At the Court of Session in Edinburgh, judge Lord Glennie agreed that Mr Duncan, 40, of Kintore, Aberdeenshire, should get £40,000 on account.The judge made the interim award after counsel, Brian Fitzpatrick, told him that Mr Duncan's employment support allowance had been withdrawn.
"The benefits cut was costing him £100 a week. That matter is being taken up elsewhere," added Mr Fitzpatrick.
Lawyers for Forbab did not oppose the interim award.
As part of his damages claim, Mr Duncan says the accident has affected his chances of becoming a father again. He and his wife have one young child but had hoped for a larger family.
Forbab admit liability for the accident but say that £3m is too high.
They also say the damages should be reduced because Mr Duncan was partly to blame for what happened.
The firm claim he knew about the overhead work and should not have gone on welding.
A further hearing is expected at a later date.