Our client was employed by the defendant. At the time of the accident he was working on a new order. As he was taking the product from the machine, he pulled the tendons in his shoulder. Our client advises the load was heavy, at around 35kg, and because of the how the machine was set up it meant that he had to reach across to manoeuvre the product – increasing the strain on his shoulder. Following the accident a risk assessment was performed and the production of this task was moved to another machine which removed the need to stretch reducing the risk of injury. Had the task been properly risk assessed prior to our client being instructed to undertake the task the injury could have been entirely avoided.
Our client’s injury: Shoulder impingement syndrome
How Hayward Baker helped: One of our senior lawyers too on this case on a No Win No Fee basis due to the possible complexities of the case. However liability was admitted and therefore we were left to prove the injuries were as a a result of the accident. We proved this by obtaining a medical report from an Orthopaedic consultant.
We also calculated a schedule of out of pocket expenses for our client to include the following items as part of his overall claim:
- Travel Expenses
- Care and assistance
- Loss of earnings
- medical expenses
Conclusion: We negotiated an overall settlement figure of £14,000.00 for our client.
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