1st May 2019
Sweeney Miller wins manual handling accident at work claim
A warehouseman working for an international supermarket chain has reached an out of court settlement shortly before trial.
The Claimant had been repeatedly lifting large heavy trays of produce at work, causing him to suffered a hernia.
He sued his employer who denied liability and hotly contested the case for over 3 years before finally agreed to pay him just under £5000 in compensation for his pain and suffering.
The dispute over liability was centred around the employer’s failures to property risk assess the amount of heavy lifting the Claimant’s job involved or to put any weight restrictions on the amount of produce contained in the trays the Claimant was required to lift. There were also no adjustments made to take account of the employee’s height, which resulted in the Claimant being required to lift large heavy trays from a pile of trays stacked approximately 6-foot-high, which was above head height and having to lift them with extended arms, when it was unsafe to do so and ultimately resulted in injury to the Claimant.
Sweeney Miller argued vigorously through the court process that the Claimant’s employer had failed to follow the HSE guidance on manual handing and this had resulted in the Claimant’s injury.
The employers eventually accepted there was a risk that they would lose if the matter went to trial and negotiated a settlement to take account of the litigation risk.
If you have had an accident at work, or know someone who has, who is seeking advice on how to pursue a claim against their employer, contact Sweeney Miller Law’s expert team of specialists for a free no obligation chat.