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£62,500 pay-out award for a back injury in the workplace
At the time of her accident, our client, Miss C, had been employed as a warehouse operative for one week. She was told to move, by hand, a crate of broccoli from a stack of crates. There were 11 crates in the stack and the top of the stack was approximately 5ft 4 inches high.
Standing on her tiptoes, she pulled the top crate towards her and manoeuvred it down to approximately waist level, but suddenly felt a sharp stabbing pain in her lower back and buttocks.
Unable to return to work following her accident, she was initially diagnosed as having acute back strain. It was later found that she had pre-existing degenerative changes in her spine.
She had not had any trouble previously and it was concluded that the accident had brought on the problems in her spine prematurely by about five years.
Shoosmiths immediately arranged for her to be assessed by a professor of orthopaedics and a consultant orthopaedic surgeon specialising in spinal surgery. A sacral epidural and extensive and focused physiotherapy was recommended. Interim payments were arranged to pay for Miss C to undergo the prescribed treatment privately.
We successfully argued that her employer had been negligent in their duty to ensure her health and welfare at work by not providing any training or instruction about heavy lifting or taking steps that could have helped to prevent her injury. Terms of the final settlement were agreed at £62,500