Our client, instructed Thompsons Solicitors in order to make an industrial injury claim, for the carpal tunnel syndrome (CTS) he developed during his employment as an engineer at Finning UK Limited between 2007 until 2016.
The background
Our client worked as an engineer at the firm where he suffered a hazardous level of exposure to vibration, which we believed to be in breach of the Control of Vibration at Work Regulations.
However, despite statements of support in respect of exposure to vibration from colleagues, our case was initially complicated by the fact that our client's full medical records did not indicate occupational exposure to vibration as a cause of his CTS; the condition is not uniquely occupational and there are a number of possible non work-related causes.
Thompsons' solicitors were concerned that without prompt action, the industrial disease claim faced the possibility of being time-barred. We therefore decided to promptly raise court action in the All Scotland Sheriff Personal Injury Court.
We began litigation and instructed a medical report from a consultant orthopaedic surgeon. The consultant was able to confirm that our client's CTS was caused by exposure to vibration during the course of his employment at Finning UK Limited.
A further expert report from the technical director at Hu-Tech Ergonomic Factors stated that our client's condition had most likely been caused by health and safety breaches on the part of his employers.
The settlement
The Thompsons Solicitors team presented the defender with the medical evidence we had compiled confirming employment-related conditions as the cause of our client's Carpal Tunnel Syndrome and gave them the opportunity to settle out of court. However, in the absence of a satisfactory response we continued to pursue litigation.
At a pre-trial meeting the defender offered a £5,800 settlement. However, we felt this undervalued the claim and recommended that our client refuse. The defender then made a formal offer of £12,000 CTS compensation, which was accepted.
Settlement was finalised on 6 June 2019.
Our client said, "I am very happy with the service provided throughout my claim. I am very thankful for the outcome and everything Claire and Mhari have done for me. Thank you Thompsons."
