Thompsons secured £7,500 in compensation for a hygiene machine operator who developed serious hand and wrist pain linked to repetitive tasks carried out during his work at a factory in Dumfries. The claim was pursued after the worker contacted Thompsons through his union, Unite.

What happened

The claimant, Mr J Crawford, aged 64, worked as a hygiene machine operator and cleaner at the Pinney’s factory in Dumfries while employed by Partners in Hygiene.

Over time, he began experiencing debilitating pain in his right hand and wrist. He believed that the condition had developed as a result of the repetitive tasks he was required to carry out during the course of his work.

The symptoms became severe enough that he was forced to take a significant period of time off work.

Injuries and Impact

Thompsons obtained Mr Crawford’s medical records and arranged for him to be examined by a consultant orthopaedic surgeon.

The medical report confirmed that his occupational duties had contributed to the development of repetitive strain injuries, including tenosynovitis and aggravated osteoarthritis affecting his right hand and wrist.

These conditions caused significant pain and restricted his ability to carry out everyday activities.

What Went Wrong

Evidence gathered during the claim included witness statements from colleagues describing the repetitive nature of the tasks carried out as part of the claimant’s role.

A report from a chartered ergonomist supported the claim and concluded that the employer had been in breach of their duties in relation to the working conditions and tasks required.

Legal Approach

Thompsons Solicitors Scotland pursued the claim on behalf of the claimant under a No Win No Fee agreement.

At the pre-litigation stage, Thompsons disclosed the medical evidence to the defender’s legal team. However, a satisfactory response was not received.

The case was complicated by the fact that the claimant’s role had been subject to a TUPE transfer and he had only been employed by Partners in Hygiene since 2016.

As liability was not accepted, Thompsons raised court proceedings in the All-Scotland Sheriff Personal Injury Court.

The defender disputed the claim and produced a medical report suggesting that the claimant was not suffering from a work-related injury. Thompsons’ medical experts maintained their support for the case.

Outcome

During a pre-trial meeting, the defender made an initial settlement offer that included a number of restrictions and limitations. Thompsons advised the claimant to reject the offer.

A further offer of £5,000 net was then made but was also rejected as it did not adequately reflect the circumstances of the claim.

Following further negotiations, the defender increased the offer to £7,500.

Thompsons secured £7,500 in compensation for the claimant, and he confirmed that he was happy to accept the settlement. The case concluded on 21 June 2019.

What This Case Shows

This case highlights the risks associated with repetitive tasks in the workplace and the importance of employers ensuring that work processes and equipment do not expose employees to unnecessary injury risks.

Workers who develop conditions linked to repetitive work activities may be able to pursue compensation through industrial disease claims. Thompsons can often assist clients through the claims process under a No Win No Fee agreement.

Anyone seeking advice about a similar situation can contact Thompsons to discuss their circumstances.