Thompsons Solicitors secured £3,250 in compensation for a support worker who suffered a back injury after her car struck a large pothole while travelling to a service user’s home for work. The incident aggravated a pre‑existing back condition and caused months of pain and absence from work. Thompsons pursued the claim after the worker’s union, UNISON, instructed the firm on her behalf.
What Happened
At the time of the incident, the claimant was employed by Inverclyde Council as a support worker within the reablement team. Her role involved travelling to service users’ homes to provide care and support to help them live independently following hospital stays.
On 26 August 2020, she was visiting a service user who lived in a farmhouse. To reach the property, she had to leave the main road and drive along a farm track which was in very poor condition, with numerous potholes and dips.
Heavy rain that day reduced visibility, making it difficult to see the full extent of the damage to the track. As she drove carefully along the road, her vehicle struck a large pothole, causing the car to jolt sharply and rock to one side.
The sudden impact caused immediate pain in her back. Despite the pain, she had to continue assisting the service user as she was working alone and had no colleague available to help.
The following day, when the pain had not improved, she contacted her GP.
Injuries and Impact
The claimant had previously experienced back problems, including sciatica, which had been improving before the accident. The impact from the pothole aggravated her existing condition.
Following the incident, she began experiencing significant back pain and spasms. Her GP prescribed pain medication, but she suffered a negative reaction to it. After returning for further examination, she was advised she may have suffered nerve damage and was prescribed alternative medications, including a muscle relaxant.
Unfortunately, the medication provided limited relief. She returned to her GP several times and was prescribed different anti‑inflammatory, anti‑spasmodic and pain medications, many of which were ineffective. One medication caused nausea and retching, which further aggravated her back pain.
As the spasms worsened, she arranged private physiotherapy sessions at her own expense. Occupational health later referred her for further physiotherapy, but her employer would only fund eight sessions.
Although her condition gradually improved, she continued to experience pain when lifting heavy objects, bending down or sitting for long periods. The discomfort also disrupted her sleep.
During her recovery, she struggled with basic tasks such as showering, dressing, sitting and standing. Everyday activities including shopping became difficult, and she was unable to enjoy her hobbies as she had previously. She also required a lumbar support cushion while driving.
In total, she was absent from work for more than three months.
What went wrong
The claimant had previously raised concerns about the condition of the farm track used to reach the property. Her employer was aware of her existing back issues, and she had expressed concern during a team meeting that travelling along such a poorly maintained road could aggravate her condition.
Other support workers had also complained about the state of the road before the incident occurred. Despite these concerns, the risks associated with travelling along the track had not been adequately addressed.
Legal Approach
Thompsons Solicitors pursued the claim on the claimant’s behalf after being instructed by her union, UNISON. The claim was brought against her employer for the injury she sustained while carrying out her duties.
As part of the case, Thompsons arranged for the claimant to be examined by a consultant orthopaedic surgeon. The medical expert confirmed that the incident had aggravated her pre‑existing back problems and resulted in symptoms lasting approximately six months.
The employer’s insurer accepted liability for the accident.
Outcome
The defenders initially offered £2,500 in compensation. After discussing the offer with the claimant, Thompsons advised that it was too low and it was rejected.
A further offer of £2,750 was also rejected. The defenders later increased the offer to £3,250. Based on the medical evidence, Thompsons advised that this represented a reasonable settlement and the claimant agreed to accept it.
Thompsons secured £3,250 in compensation for the claimant, and the case settled on 2 November 2022.
What This Case Shows
This case highlights how workplace travel can expose employees to risks, particularly where known hazards have been raised but not properly addressed. When workers are injured while carrying out their duties, they may be entitled to pursue compensation.
Claims arising from incidents during work‑related travel may fall within both accidents at work and motor accident law. Specialist legal advice can help ensure that the full circumstances of the incident and the medical impact are properly assessed.
Thompsons supports clients through the claims process and can often act under a No Win No Fee agreement. Anyone seeking advice about a similar incident can contact Thompsons to discuss their situation.
