Background
Client M was employed as a driver and labourer for a nationwide retail outlet when he sustained a significant injury to his shoulder and arm while carrying out his daily duties. The incident occurred during a routine delivery to one of the company’s depots. Upon arrival, Client M discovered that there was no forklift available on site to assist with unloading a particularly heavy pallet from his delivery van.
Despite the obvious risks associated with manually handling such a load, the warehouse manager made the decision to proceed without proper mechanical assistance. Instead, a pump truck was provided, and Client M was instructed to push the pallet out of the van and manoeuvre it onto the truck. This was not only physically demanding but also unsafe given the weight and awkward positioning of the load.
During the course of attempting to unload the pallet, Client M experienced a sudden and severe pain in his arm. Subsequent medical assessment, including an ultrasound scan, confirmed that he had suffered a rupture of the long head of his biceps tendon. This type of injury is both painful and functionally limiting, often requiring significant recovery time and, in some cases, leading to permanent weakness or reduced mobility.
As a direct result of the injury, Client M required an extended period of time off work to recover. Unfortunately, due to the lasting impact on his physical strength and ability to carry out manual tasks, he was ultimately unable to return to his previous role and had to seek alternative employment.
How Farleys were able to help
Client M instructed Paul Mulderrig of Farleys’ Personal Injury team to pursue a claim against his employer for negligence. Following a thorough investigation, Paul was able to establish that the employer owed Client M a clear duty of care to ensure his safety while at work. This duty had been breached by failing to provide appropriate equipment, such as a forklift, and by exposing him to an unsafe manual handling task.
Initially, the employer’s insurer refused to engage in reasonable settlement negotiations, which led to legal proceedings being issued. However, as the case progressed and trial approached, the insurer reconsidered their position and entered into more constructive discussions.
A settlement of £43,750 in damages was successfully secured for Client M. This compensation reflected not only the pain and suffering he had endured but also the financial impact of his injury, including loss of earnings and the need to change his career path.
If you’ve been injured in an accident at work, you may be entitled to make a claim for compensation. To discuss your circumstances, please contact our experienced personal injury specialists on 01254 606 008, get in touch by email, or use the online chat below.
