Thompsons secured £10,000 in compensation for a production operator who developed serious back pain after years of heavy manual handling while working at a Warburtons bakery in Bellshill. The BFAWU member experienced worsening symptoms linked to repeated lifting of heavy seed containers during the course of his duties.
What Happened
The claimant worked as a production operator at the Warburtons Bakers Factory in Bellshill. His role involved working with mixing equipment, which required lifting heavy containers of seeds as part of the production process.
Over time, the physical demands of the role began to affect his health. In January 2019, he experienced a sudden stabbing pain in his back.
After seeking medical advice, he was advised to avoid heavy lifting. However, his duties at work remained unchanged, meaning he continued to carry out the same manual handling tasks.
Injuries and Impact
The claimant’s symptoms worsened over time and he experienced ongoing back pain which significantly affected both his work and personal life.
Despite receiving physiotherapy and medication, the pain persisted. He was later diagnosed with sciatica.
The condition led to repeated absences from work and ongoing discomfort.
What Went Wrong
During investigations into the claim, it became clear that the claimant had been required to repeatedly lift heavy seed containers weighing up to 50kg as part of his role.
Evidence also indicated that the manual handling training provided by the employer did not adequately prepare workers for the specific tasks they were expected to perform.
In addition, no risk assessments had been carried out in relation to these manual handling duties.
Legal Approach
Thompsons Solicitors Scotland acted on behalf of the claimant after being instructed through his union, BFAWU.
Court proceedings were raised to protect the claimant’s position from limitation, as he had stopped performing the heavy lifting tasks in February 2020.
Expert medical evidence was obtained from a Consultant Orthopaedic Surgeon. The expert confirmed that the claimant had a pre-existing degenerative back condition which had been exacerbated by the heavy lifting carried out during the course of his employment over a period of around ten years.
To further support the case, Thompsons obtained additional expert evidence from a Consultant Ergonomist. The ergonomist’s report supported the claimant’s account of the manual handling demands involved in his role.
Liability remained disputed and the case was scheduled to proceed to a hearing on 1 October 2024.
Outcome
Shortly before the pre-trial meeting, the defenders made their first settlement offer of £7,500.
After reviewing the medical evidence, Thompsons advised that the offer did not adequately reflect the circumstances of the claim. The defenders were advised that a settlement figure of £10,000 would be recommended to the claimant.
The defenders agreed to increase their offer to £10,000.
Thompsons secured £10,000 in compensation for the claimant, and he accepted the settlement in August 2024.
Claire Campbell
Claire Campbell
"This case highlights the long-term effects that inadequate manual handling processes can have on workers. Our client endured years of heavy lifting without proper support, which resulted in a serious injury. While the degenerative nature of his condition complicated the case, we were able to secure a fair settlement through strong medical evidence and expert support. We are pleased that our client can now move forward with this chapter closed."
What This Case Shows
This case demonstrates the risks associated with heavy manual handling and the importance of employers properly assessing workplace tasks and providing appropriate training and support.
Workers who develop injuries as a result of unsafe working practices may be entitled to pursue compensation through accidents at work claims. Thompsons can often assist clients through the claims process under a No Win No Fee agreement.
Anyone seeking advice after a workplace injury can contact Thompsons to discuss their circumstances.
