Thompsons secured £7,000 in compensation for a supermarket worker who suffered leg and chest injuries after a loaded cage fell on him while unloading a delivery at work. The accident occurred while he was carrying out his normal duties at a Morrisons store, and Thompsons pursued the claim on behalf of the USDAW union member.
What Happened
On 26 March 2022, the claimant was working at a Morrisons store carrying out his usual duties, which included unloading delivery vehicles.
While removing a cage from a truck, the tail plate suddenly moved. The movement caused the heavy cage, which was loaded with products including butter, juice and lard, to fall directly on top of him.
Despite experiencing pain following the incident, the claimant completed his shift. However, in the days that followed his symptoms worsened and he sought medical attention at Queen Elizabeth University Hospital.
Injuries and Impact
Medical assessment confirmed that the claimant had sustained muscular damage to his chest and a badly bruised right knee.
He also reported increased anxiety following the incident.
Medical evidence later confirmed that he had suffered soft tissue injuries that would take up to 18 months to fully heal.
As a result of the accident, the claimant eventually moved into a new role involving lighter duties. His new job involves standing at a computer and processing orders.
The injury also temporarily affected his ability to take part in hobbies such as playing pool and driving.
Legal Approach
Thompsons Solicitors Scotland acted on behalf of the claimant after being instructed through his union, USDAW. A claim was intimated against Morrisons.
The employer initially denied liability, stating that their investigation had found no fault with the tail lift and suggesting that the accident must have been caused by the claimant’s actions.
Thompsons obtained medical evidence from a Consultant Orthopaedic Surgeon, whose report confirmed that the claimant had sustained soft tissue injuries with recovery expected to take up to 18 months.
As liability remained disputed, Thompsons raised court proceedings in the All-Scotland Personal Injury Court. The case was scheduled for proof on 10 December 2024.
Outcome
As the trial date approached, the defenders made an initial settlement offer of £5,400. After discussing the offer with the claimant, Thompsons advised that it did not adequately reflect the injuries and impact of the accident and the offer was rejected.
Following further negotiations, the defenders increased their offer to £7,000.
Thompsons secured £7,000 in compensation for the claimant and he agreed to accept the settlement.
Seonaid Brophy
Seonaid Brophy
“This case highlights the importance of workplace safety and employer accountability. Our client’s injuries were entirely preventable had appropriate maintenance and repairs been carried out on the defective tail plate. Despite the employer’s initial refusal to accept responsibility, we persisted and secured a fair settlement for our client. No employee should have to work in unsafe conditions, and we will continue to fight for those affected by workplace negligence.”
What this case shows
This case demonstrates how workplace accidents can occur when equipment or loading processes are not managed safely. Workers who are injured while carrying out their duties may be entitled to pursue compensation.
Claims involving workplace injuries are commonly pursued as accidents at work claims. Thompsons can often support clients through the claims process under a No Win No Fee agreement.
Anyone seeking advice after a workplace accident can contact Thompsons to discuss their circumstances.
