Thompsons Scotland recently secured a £16,000 settlement for a client who sustained a significant injury while unloading a van containing a prisoner’s canteen. The incident highlights the critical need for proper training and strict adherence to health and safety regulations in the workplace.
Incident Details:
Our client was injured while pressing the release button on a strap that had been used to secure the canteen inside the van. The strap had been fastened extremely tightly, and upon pressing the release button for the second time, the strap jerked forward with force, causing our client’s arm to jerk backward. This sudden movement resulted in a soft tissue injury to the shoulder, which ultimately required surgery.
Legal Grounds:
Thompsons Scotland argued that the defenders had failed in their duty of care under both common law and several key health and safety regulations. Specifically, the defenders were found to have breached the following:
- Management of Health and Safety at Work Regulations 1999
- Workplace (Health, Safety, and Welfare) Regulations 1992
- Provision and Use of Work Equipment Regulations 1998
The defenders were also held vicariously liable for the actions of their employee in the estates department, who had improperly fastened the strap. Additionally, there was a failure to provide adequate training to staff regarding the correct tension for strapping the canteen onto the van, which directly contributed to the injury.
Settlement:
In July 2024, after thorough legal proceedings, the case was successfully settled for £16,000. This compensation reflects the severity of the soft tissue injury to our client’s shoulder, the surgery required, and the impact on their daily life.
Conclusion:
This case serves as a powerful reminder of the importance of workplace safety and proper training. Thompsons Scotland is dedicated to helping clients receive the compensation they deserve when employers fail in their duty of care. If you or someone you know has been injured at work, Talk to Thompsons today to discuss your case.
