Warehouseman Recovers Compensation for Accident at Work
Our client sustained a personal injury to his back in the course of his employment as a warehouseman. There was no specific incident, but the client’s job involved lifting and moving boxes and repetitive bending and reaching movements. The client had received no proper manual handling training and that the conditions in the warehouse were cramped, meaning that he could not use a forklift and so had to move everything by hand. It was the client’s case that the cumulative effect of carrying out these tasks on a daily basis eventually built up to cause him such back pain that he was unable to continue working and could only walk any more than a matter of yards without the aid of sticks. He was unable to carry out domestic chores or play with his young daughter.
We were instructed and the case was taken on under a no-win, no-fee agreement.
The client’s employer disputed liability throughout the case. They argued that they had carried out appropriate risk assessments for manual handling tasks and that the items being lifted by the client were not particularly heavy. They also denied the client’s allegations as to the cramped and awkward working conditions in the warehouse.
As far as the client’s injuries were concerned, he had undergone extensive investigations on the NHS and they were unable to find a cause for his ongoing debilitating back pain. This was obviously distressing for the client. However, in the course of his case, private expert medical evidence was obtained from a range of experts, including Orthopaedic Surgeons, Rheumatologists, Psychologists and a Pain Management Specialist. As a result, it was established that a range of treatments were available which might improve the client’s symptoms and enable him to return to work in the future.
Despite the fact that liability remained disputed by the Defendant, they were prepared to settle the client’s case out of Court on an economic basis. The client received a total sum of £108,000 in respect of damages for his personal injury, his lost earnings and in respect of domestic care and assistance he had required due to his injury.