Hospital porter claims compensation for knee injury

When our client, Mr John McGrouther, was involved in a workplace accident on 18 August 2017, he decided to make a claim with the help of Thompsons Solicitors.

When he sustained his workplace injury, Mr McGrouther was employed by the NHS as a Porter at the Western General Infirmary. As part of his job, he needed to transport trolleys full of breakfasts from the hospital's kitchen to the wards. The meals are separated on trays inside the trolley, but the milk cartons are placed at the bottom without a tray.

As our client was walking down the ramp that connects the main kitchen to the main corridor, milk started dripping out the trolley and ran down the ramp. Mr McGrouther was pulling the trolley, walking in front of it, and did not see the milk. He slipped on the spillage, falling on to his left knee.

The Consequences

Although he did not seek medical treatment for his knee injury right away, Mr McGrouther soon became aware that he had badly damaged his knee as he had difficulty resuming his duties the following day. He therefore decided to visit the minor injuries unit at the hospital he worked at, where the staff believed he'd sprained his ankle. However, when he visited his GP a few days later, they thought he had damaged his knee cartilage and needed to see a physiotherapist.

It was later confirmed that Mr McGrouther had suffered a small meniscal tear to his knee, which he needed surgery to correct.

The injury meant our client was unable to walk properly, which had a substantial impact on his life during the recovery period, and he required his wife to help him out around the house.

Because Mr McGrouther was doing a lot of overtime at the time of the accident, he suffered a significant loss of earnings. Overall, he lost £1091 together with services and miscellaneous expenses.

The Settlement

Mr McGrouther instructed Thompsons through his union, UNISON. The leaking milk posed a clear workplace hazard, and our client is aware that other people have been injured in a similar way, so his employer should have taken the necessary steps to help eliminate the risks. So we intimated the workplace slipping case to his employer with reference to the Workplace (Health, Safety and Welfare) Regulations 1992.

Unsatisfied with the defender's first offer, we were able to settle the case after putting forward a counter offer. Settlement was reached on 18 August 2017, with our client receiving compensation in the sum of £5,250, which was over £1,000 better than the defender's initial offer.

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