COUNCIL WORKER SUSTAINS CRUSH INJURY TO THUMB WHEN TRANSFERRING A SOFA FROM A VAN TO A REFUSE WAGON AND RECOVERS PERSONAL INJURY COMPENSATION IN ACCIDENT AT WORK CLAIM

December 22nd, 2009 admin

Our client and a work colleague had collected a sofa using a transit van. When they returned to the yard they needed to transfer it into a large refuse wagon. They each took hold of one end and were planning to swing it from side to side, and on a count of “1, 2, 3” they would then throw it into the wagon. However, our client’s colleague let go of the sofa on the count of “1”, resulting in our client’s left thumb being crushed between the sofa and the wagon. He suffered a crush injury, with damage to his nail that became infected. There were issues over liability which limited what we were able to recover in personal injury compensation for him to £1,100.

A brief summary of events is set out below.

Date of Accident: 8.1.2009

Time between formal instruction and successful conclusion: 9 months

How the claim proceeded: Liability was denied by the employer’s insurers on the basis that they could find no record of the accident, despite our client stating that he had reported it the day it happened. However, a visit to his GP that day also supported the accident circumstances. The insurers then disputed how the injury occurred, bearing in mind the equipment available for the task. Liability was denied throughout the whole of the claim.

Were Court proceedings necessary?: No

Was a trial necessary?: No – despite the insurers’ position on liability, they recognised the risk that they might lose if the matter was decided by the Court. They therefore made a commercial offer to settle the claim, which our client was prepared to accept.

Outcome: The client secured £1,050 for his injuries and £50 for modest financial losses.

Comment: Our client’s claim was on the basis that his employer had failed to fully assess the potential risks involved with this manual handling task. Also, that his colleague’s negligent actions resulted in the injury, and an employer is held responsible for the conduct of all their employees during the course of their work. There was a risk that our client could have lost at a trial or been found partly at fault, and although the settlement was not at a full valuation of the claim it was sufficient to resolve the matter.

PERSONAL INJURY CLAIM SOLICITORS:-

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