17th March 2008

Injury At Work, Successful Compensation Claim for Carer Injured by Service User

A home carer, our client was used to dealing with elderly and disabled users. At the time she received this work injury, our client was working with a colleague to get an elderly person, who also suffered from Alzheimer’s, ready for bed. As they were preparing her in the bathroom, our client was caught unawares when the user lost her balance and fell on top of her. The user made no effort to rise, effectively becoming a deadweight on top of our client. With the help of her colleague, she had to push the user up to a standing position.

In carrying out this manoeuvre, our client suffered an injury at work, in that she injured her neck and shoulder. Although she tried to continue to the end of her shift, her work injuries made this impossible.

Referred to a Consultant, our client underwent a course of physiotherapy and a course of cortisone injections. She was diagnosed with shoulder joint dysfunction. Despite the passage of time, she has continued to suffer from these injuries at work and has difficulty carrying anything heavy or pushing objects such as trolleys. Unable to return to her previous work duties, her contract was eventually terminated on the grounds of incapacity. She asked for our advice in fighting this work injury compensation claim.

Despite several verbal concerns to the defendant by other carers, that the service user’s condition was deteriorating, no risk assessment, or additional manual handling training was provided to cover the increasing dependency by the service user. In particular, it had been noted that the user was becoming increasingly unstable and could not walk. Some time prior to this work related injury, it was decided that two carers would be required to manage this service user, but no written instructions were provided regarding her care.

Our client has now been discharged from attending hospital, having been advised that there is no further treatment that will improve her condition. Arthritis has set in in her shoulder and it remains stiff, giving difficulty in pushing or pulling situations.

Since this injury at work, care plans are now made available in service users homes, highlighting risks involved and instructions specifically related to each service user’s needs.

The defendant continued to deny responsibility.

The judge was unhappy with the training records and the fact that no details were available for specific training issues. He found it unacceptable that no action had been taken following several warnings that the user’s condition was deteriorating, and that the care plan was inadequate and did not amount to a risk assessment. He further ruled that Regulation 3 (Risk Assessment) and Regulation 5 (Health and Safety Arrangements) of The Management of Health and Safety at Work Regulations 1999 had been breached.

Our specialist work injury lawyer successfully won £6,600 for our client, in this injury at work compensation claim.

Compensation Claim

Clear Answers’ lawyers have teams of specialists waiting to help you. We have extensive experience in all types of accident at work claims, whether it was the result of negligence on the part of your employer, or some other cause.

Should you decide to instruct us to represent you in your claim, the person responsible for your accident will pay our legal fees, and our service will be cost-free for you. You will receive 100% of your compensation if you select Clear Answers to represent you in this matter.

If you or a family member has been injured in these circumstances, please ring us on 0800 783 9019 and speak to one of our advisers. Alternatively, you may prefer to complete one of our online compensation claim forms and one of our representatives will contact you as quickly as possible. Our lawyers will be happy to provide you with expert legal advice, talk you through the claims process in plain English and answer any questions you may have regarding your claim.

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