Shoulder Injury Compensation Claim for Cake Factory Worker

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In November 2019, our client was involved in an accident at work in which she suffered back and shoulder injuries.

She was referred to Thompsons Solicitors in Scotland through her union so that we could pursue personal injury compensation on her behalf.

The background

On the date of the incident our client had arrived at work to carry out a normal shift as a production operator for Lightbody Celebration Cakes in Hamilton, South Lanarkshire.

She had clocked in as usual and made her way to the locker rooms to get changed for her shift.

As our client was kneeling down in the locker room to put on her safety shoes, one of the freestanding lockers fell from behind and struck her on the back and shoulder. She became pinned to another locker and immediately felt pain in her upper back and left shoulder.

A colleague lifted the locker off our client and a number of other colleagues who were present at the time came to see what had happened.

Our client felt "stunned" and was taken to the first aid room where a first aider came to assist her. She gave a statement to the first aider and then arrangements were made for her to go to hospital in a taxi.

The consequences

At the Accident and Emergency Department in Hairmyres Hospital our client was sent for X-ray and was diagnosed with a fractured clavicle. She was advised that she would need to keep her arm immobile (in a sling) for five weeks and should not return to work for eight weeks.

Our client suffered significant pain after discharge from the hospital and had to attend her GP's surgery to be prescribed stronger pain medication. Our client suffered significant discomfort for several months and had to continue taking the pain medication.

Our client lost overtime payments as a result of her personal injuries and was absent from work for around eight weeks on Statutory Sick Pay.

The settlement

We intimated an accident at work claim to our client's employer and liability was admitted.

In order to establish the full extent of the injuries suffered by our client we initiated a medical report from a consultant orthopaedic surgeon. The specialist confirmed that our client had suffered a fracture of her distal clavicle. A secondary condition, frozen shoulder, was treated via manipulation under anaesthetic and our client was referred for physiotherapy.

Some minor symptoms persisted, including residual stiffness when reaching and rotating the arm. The consultant suggested that there was potential for improvement over time, but if the symptoms persisted past April 2022 they would be considered permanent.

The medical evidence was sent to the defender and an initial compensation sum of £16,500 was put forward. After Thompsons' personal injury solicitors discussed this with our client, this offer was rejected.

A further offer of shoulder injury compensation in the sum of £17,578.94 was made (which included a figure for loss of earnings) and when we put this forward to our client, she confirmed that she wished to accept the offer.

Settlement was agreed on 31 May 2022.

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