The claimant, Robert Coburn, a 63-year-old HGV driver from North Lanarkshire, was referred to Thompsons' personal injury solicitors via his union, Unite, in relation to a workplace accident he was involved in, in 2016, during his employment by the Co-operative Group.

The background

On 22 August 2016, Robert Coburn had been unloading cages of produce from his vehicle as part of a delivery drop-off to a Scotmid shop in Edinburgh.

Mr Coburn had voiced concerns about the suitability of the articulated lorry he was supplied with for the purposes of this job before he left the depot that day. However, after asking for and being given a risk assessment, he consented to do the job.

At the Scotmid drop off, while unloading the six-foot high cages of goods from the back of his vehicle onto the tail lift, a row of cages rolled forwards causing Mr Coburn's right leg to become trapped between one cage and a stop flap on the tail lift. Mr Coburn's leg was crushed.

The consequences

Mr Coburn's leg was released by a Scotmid employee who was present at the time and immediately assisted him. However, Mr Coburn realised that he was unable to place any weight on his injured leg and was taken by ambulance to Edinburgh Royal Infirmary where an x-ray diagnosed him with a tibial plateau fracture to his right leg. This injury required surgery and at least five months of recovery time before our client could put weight on the injured leg.

The crush injuries meant Mr Coburn could not return to work immediately and he lost wages as a result.

The settlement

Initially, liability was denied by the defender, but following the presentation of compelling evidence with reference to various regulations and vicarious liability, settlement was achieved at a pre-trial meeting.

On 19 November 2019, Mr Coburn received a £25,000 workplace accident settlement for his crush injuries.