Thompsons Solicitors Scotland was instructed to act on behalf of a Unite member following a workplace accident. The client, a line operative employed in a production facility, sustained a shoulder injury while manually handling bottles due to a malfunction on the production line.
On the night of the accident, the client was working a night shift when the production line, which handled litre bottles, began malfunctioning. As a result, the client had to manually lift and inspect the bottles, during which she experienced pain in her shoulder. Despite the pain, she continued working due to the pressures of the job and the fact that her arthritis was not causing significant discomfort at the time.
Initial Claim and Liability:
We submitted a claim to the client’s employer, citing a failure to provide appropriate equipment and a safe system of work. The employer, however, denied liability, asserting that the client had received adequate manual handling training and should have requested assistance if needed.
Despite the denial, we believed the client had a strong case based on witness statements and evidence that the issue with the production line was a recurring problem known to management. Furthermore, we argued that the client should have been provided with equipment to assist in handling the bottles, rather than being forced to lift them manually.
Medical Examination and Injury Assessment:
The client was examined by a Consultant Orthopaedic Surgeon, who diagnosed a rotator cuff strain in her left shoulder. He concluded that the injury was work-related and that the client would require approximately six months to recover. Although the client’s employment was later terminated due to unrelated arthritis in her hands, our expert confirmed that this condition was not linked to the accident.
Court Proceedings and Settlement:
After liability was denied, we initiated court proceedings in the All-Scotland Personal Injury Court. Shortly after the legal process advanced, the employer made an initial settlement offer of £5,000, which we advised the client to reject as it did not fully reflect her injuries. A subsequent offer of £5,500 was made.
Given that the client did not suffer any loss of earnings directly attributable to the accident, and in light of the medical evidence, we advised that the offer was fair. The client agreed and accepted the settlement, bringing the case to a successful conclusion.
Outcome:
The client was awarded £5,500 in compensation, and she was satisfied with the outcome. The case highlights Thompsons’ commitment to pursuing fair compensation for injured workers, even in the face of initial denials of liability.
Seonaid Brophy, the solicitor who represented the client, commented:
"This case highlights the importance of thorough investigation and persistence in workplace injury claims. Despite initial denials of liability, we were able to gather strong evidence supporting our client’s case, leading to a successful outcome. I’m pleased that we were able to secure fair compensation for our client and ensure her employer’s responsibility was acknowledged."
If you or a loved one has been injured at work, contact Thompsons Solicitors Scotland for expert legal advice and representation. We are here to help ensure you receive the compensation you deserve.
