Following an accident at work, Mr G instructed Nelsons to represent him in a claim for compensation against his employer.
Mr G was a driver at a haulage firm delivering milk to supermarkets.
Whilst pulling milk cages from the back of a lorry, the wheels of one of the cages caught on a pallet causing the cage to topple. Mr G instinctively attempted to stop the cage falling and in doing so suffered an injury to his left arm requiring surgery.
Surgery to repair the ruptured biceps tendon was performed. Medical evidence was obtained from a Consultant Orthopaedic & Upper Limb Surgeon who reported that on examination, some 20 months post accident there was some minimal loss of flexion and extension in the left elbow but improvement was anticipated.
Nelsons pursued a claim for personal injury on behalf of Mr G against his employers alleging that they were negligent and in breach of their statutory duties to provide sufficient training.
Liability was agreed on a 75/25% basis in favour of Mr G. Contributory negligence was alleged by the Defendant on the basis that there was a conflict of evidence relating to training. Mr G could not be criticised for attempting to stop the cage as it began to topple over as there was no evidence that the manual handling guidance in relation to cage moving referred to by the Defendant had been seen by Mr G.
Compensation of £7,000 was awarded, net of any deduction on account of contributory negligence, to include a claim for loss of earnings calculated at 100% at £3,078.93.
Read more about the personal injury cases that Nelsons have handled by visiting our Accidents at Work case studies page.
For advice on pursuing a claim for compensation please contact a member of our Personal Injury team.
