Delivery driver sustains injury due to a manual handling task receives compensation from his employer
Accident Circumstances: Our client was employed as a delivery driver and was asked by his employer to make deliveries of parcels, some that weighed in excess of 30 kg, in a vehicle without a tail lift or step which meant our client had to lift them manually from the rear of his vehicle. On one particular day our client had to lift 12 heavy parcels from his vehicle and following this particular delivery our client started to suffer from back pain.
The following day he was sent out on his deliveries but this time his employer provided help by means of a work colleague but unfortunately this person had a fracture to his hand and could assist in the manual aspects of the job.
The next day our client was given a sack truck to take on his rounds but he still had to manually handle the heavy parcels off his vehicle. It was on this day that our client reported to his manager that he was suffering back pain. Ouir client was advised to see his GP which he did.
What did Hayward Baker Solicitors do to help: One of our personal injury specialists Gary Lee who is a Chartered legal Executive took on the case on a no-win-no-fee basis and sent a letter of claim to the defendant, who initially denied liability on the basis that their parcels were not heavy, however this was disputed by us due to being sent a copy of one our client’s employers invoices which showed a range of parcels weighing from 120kg to 229kg.
“As you will be aware, under Regulation 4(1) of the Manual Handling Operations Regulations 1992 your insured has a statutory obligation to avoid hazardous manual handling operations so far as reasonably practicable; to assess any hazardous manual handling operations that cannot be avoided; and reduce the risk of injury so far as reasonably practicable.
As a delivery driver it is not disputed that manual handling could not be avoided entirely. However, you will note that in order to reduce the risk of injury it is well established that specific training on manual handling is one such method by which the risk of injury can be reduced.
From the correspondence we have had to date it appear to be accepted that our client received no manual handling training on commencing employment with your insured. Bearing in mind the obligations imposed by the Manual Handling Regulations do you agree that to not provide such training is a breach of duty on the part of your insured?”
The defendant eventually admitted liability in full.
We also drafted a schedule of our client’s out of pocket expenses so we could claim expenses incurred by a client which were attributable to the accident, the expenses included travel to and from medical appointments. care and assistance, loss of earnings and pain killers.
Resolution: The claim settled for £7,000.00