DELIVERY DRIVER INJURES ELBOW AND UPPER BACK WHEN STRUCK BY A BARREL AND RECOVERS DAMAGES IN WORK ACCIDENT COMPENSATION CLAIM

December 17th, 2009 admin

Our client was making a delivery and needed to get to a pallet on his trailer. To do so he had to move another pallet that had a barrel on it containing chemicals. The barrel was upright and secured to the pallet by a single plastic strap over the top of it. Our client had to use a manual pump truck, which was too big for the task. As he moved the pallet the strap became loose causing the barrel to topple and flip over. The movement of the pallet and pump truck caused our client to be knocked over on to the floor of the trailer. The barrel then fell on his outstretched arm. He sustained an injury to his right elbow and upper back and we were able to recover personal injury compensation for him of just under £2,400.

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.

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered a similar accident, contact personal injury claims specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make a claim for personal injury compensation. All cases are conducted on a Free No Win No Fee claims basis, where you keep 100% of the compensation recovered.

Call now on 0800 138 1348 to speak direct to one of our specialist claims solicitors or go to our Start Your Claim Now page to submit details of your accident compensation claim online.