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15th August 2011
Work accident compensation for shoulder injury
We represented a client who suffered a shoulder injury because of his employer’s failure to provide adequate training or equipment to avoid a manual handling injury.
Our specialist work accident compensation lawyers secured over £5,000 in manual handling compensation for this client. His employer refused to accept liability for his injury and we were forced to issue court proceedings. After strong negotiation however, settlement was achieved before the date of the trial.
Shoulder injury following manual handling accident
Responsible for the maintenance and clearance of a storeroom in a residential complex, our client was removing a large item that had been left there by a resident. The item was in excess of the maximum weight that should be lifted manually. Added to that, the object was quite large, and the only way to remove it from the area was to lift it up and over a balcony. As he did so, he felt a pain in his shoulder. A request for assistance from his colleague to management had been ignored.
This was followed about 2 weeks later by a further manual handling injury to the same shoulder. On this occasion, he was attempting to unblock a waste chute when he again felt pain in his shoulder. It was common practice to use a pole to try to force the blockage through the chute and as he did so, he felt a sharp pain up his left arm and shoulder.
As a result of these accidents at work, our client was unable to work for a number of weeks and received both physiotherapy and cortisone injections from his GP.
When the injury did not improve, however, he was referred for x-ray and ultrasound, and was eventually diagnosed as having a Rotator Cuff injury that required surgery. Although he has now made a complete recovery, he was unable to work for several months, during which time he was unable to take part in any of his usual physical activities or tasks around the home.
Breaching regulations
The circumstances at our client’s place of work were well known to his employer. Failure to ensure that he had sufficient training in manual handling procedures, failure to provide support when requested, and the failure to ensure equipment and facilities at his place of work were adequate and appropriate, had resulted in our clients injury and subsequent surgery.
These failures meant that they were in breach of several areas of statutory duty and regulations, including the Manual Handling Operations Regulations 1992, and the Management of Health & Safety at Work Regulations 1999.
Making a claim for work accident compensation
Should you decide to instruct us to represent you in your 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.
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.
Our specialist 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 accident compensation claim forms and one of our representatives will contact you as quickly as possible.
