On the day of the work injury incident, our client was employed in a meat processing factory as a hygiene operative. He was referred to Thompsons by his union so we could pursue his slip accident claim on his behalf.
The background
In October 2020 our client had been working a night shift, carrying out his usual employment duties of stripping and cleaning machinery in the factory alongside other colleagues.
Just before the incident which led to his injuries, our client went to inform a co-worker that it was time to go on a break. Having noticed that the employee was struggling to move the machine he was working on, he went to assist him. As the two men attempted to push the machine, our client slipped and fell to the floor. His body twisted as he went down and his lower back struck the machine. He also struck his left shoulder.
Our client had been wearing work clothing and footwear supplied by his employer.
The man's colleagues, including an assistant manager came to his aid. An ambulance was called and our client was taken to the A&E department at Dumfries and Galloway Royal Infirmary. Thankfully, X-rays showed no bone fractures and blood tests revealed no damage to his kidneys. Our client informed us of a previous slip accident in the same spot which caused minor injury to his knee, and that he had heard of several other workers who had also slipped and fallen in the same area. He had reported his earlier slip accident to his manager.
The consequences
Approximately a week after the work accident, and still experiencing significant pain, our client attended his GP surgery where he was prescribed pain killers and was signed off work.
He was unable to return to work for almost three months as a result of the back pain he was suffering. He lost more than £1,000 in wages as a result of the absence.
He continued to suffer pain following the slip and fall incident and found it difficult to carry out many of the activities he had enjoyed prior to the personal injury accident.
The settlement
We intimated a work accident claim to our client's employers who admitted liability.
We sought the medical opinion of a Consultant Orthopaedic Surgeon who confirmed that our client had suffered soft tissue injuries to his left shoulder, lower back and hip which would take 12 months to be resolved.
Our expert noted early degenerative changes in our client's lumbar spine which had been accelerated by around five years.
The defender offered a work accident compensation sum of £10,000 which, following some negotiations, was accepted by our client.
The settlement was agreed on 21 December 2021.
