A brief summary of events is set out below.

Date of Accident:  1.9.2008

Time between formal instruction and successful conclusion:  5 months

How the claim proceeded:  His employer’s insurers denied liability on the basis that he had been adequately trained about the safety of loads and that risk assessments had been carried out.  However, it was apparent that the employer had breached their own safe working procedures for loading and unloading, and had provided him with an unsuitable pallet truck for the task he was required to do.

Were Court proceedings necessary?:  No

Was a trial necessary?:  No – the denial of liability was maintained throughout the claim, but just as Court proceedings were about to be issued it was possible to negotiate a settlement with the insurers.

Outcome:  The client secured £1,700 for his injuries and just under £700 for his financial losses (including lost earnings, travel and care expenses).

Comment:  This accident could have been avoided had the employer followed their own health and safety procedures in ensuring that the barrel was adequately secured to the pallet, and also if they had provided him with work equipment (ie a pump truck) that was appropriate for the job.

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