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Home > News > Back injury at work compensation due to inadequate training

26th May 2009

Back injury at work compensation due to inadequate training

Employed as a nurse, our client asked for our advice about bringing an accident claim for personal injury compensation when she was injured at work. The defendant’s insurer refused to negotiate a settlement and it was necessary for our specialist personal injury lawyers to issue court proceedings.

We continued to fight for our client’s rightful compensation for her injury at work and were eventually able to negotiate satisfactory settlement terms before the trial date.

Our client received over £40,000 in compensation for her accident at work. The case was cost-free to our client and she retained 100% of the personal injury compensation awarded for her permanent back injury.

Accident at work

On the day of the injury at work, our client was working with a colleague dealing with a patient. She had used an accepted method of rolling the patient towards her whilst her colleague worked on the other side of the bed. Initially, the patient had co-operated with them and rolled towards our client who had held her securely.

However, the patient was in some distress, was rambling and suffering from hallucinations. As she panicked, she suddenly flipped back towards the centre of the bed, wrenching our client across the bed so quickly that she was left with her arms stretched across the patient and bending over in an awkward position. She was immediately in some pain and discomfort and was unable to work for some months.

Injuries following the accident at work

Following her injury at work, our client was suffering pain in her back and leg and underwent MRI scans. She is now unable to lift heavy objects, and has difficulty bending. When she returned to work our client was able to phase her return, increasing her hours gradually over several weeks. However, it became clear that she would be unable to return to nursing due to her ongoing back injury that means she is unable to lift or bend as nursing demands.

Failure to provide risk assessment or adequate training

This injury at work compensation claim was won on the basis that the defendant had failed to provide a specific risk assessment for handling patients who were in a distressed condition. They also failed to provide adequate training and instruction to our client regarding the handling of such patients, or to provide any equipment such as overhead tracking or turning sling and hoist.

These failures were a breach of the The Management of Health and Safety at Work Regulations 1999, and this accident at work was completely avoidable.

Making a claim for accident at work compensation

Should you decide to instruct Clear Answers to represent you in your claim for personal injury compensation, our teams of specialist injury at work lawyers are waiting to help you. Whether it was the result of negligence on the part of your employer, or some other cause, we have extensive experience in all types of accident at work claims.

Our personal injury 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.

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 on-line compensation claim forms and one of our representatives will contact you as quickly as possible.

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