Aisle picker is in injured at work by a colleagues negligence and receives a 4 figure compensation settlement
Accident Circumstances: Our client was working as a picker in the chiller aisle of a large supermarket chain. As he was picking goods from one of the aisles a work colleague drove an OP truck around the corner and onto our client’s foot and stopped leaving the truck on his foot. There was no warning from the OP driver that he was approaching and should have sounded the horns fitted to the truck as a warning, As a result our client suffered a personal injury.
Our client’s injuries: Severe sprain/strain to the right foot.
What did Hayward Baker Solicitors do to help: The case was run by one of our specialist personal injury lawyers who wrote to his employer blaming them for the accident.
The allegations were as follows:
“You failed to carry out any, or any suitable or sufficient assessment of the risks presented to our client during the course of his employment with yourselves. A risk assessment should have identified the risk of having shared traffic routes between vehicle and pedestrian traffic. This is in breach of Regulation 3 of the Management of Health and Safety at Work Regulations 1999.
Having identified the risk you should have taken steps to remove and/or minimise the risk. For instance you could have organised the workplace in such a way that pedestrians and vehicles can circulate in a safe manner by having sufficient separation of vehicle and pedestrian traffic routes. This is in breach of Regulation 17 of the Workplace (Health, Safety & Welfare) Regulations 1992.
Additionally/alternatively, we hold you vicariously responsible for the negligent acts of your employee for failing to observe or heed the presence of our client causing the truck they were driving to collide with him.”
Our client’s employers insurance company acknowledged the case and admitted liability for the accident.
We arranged for our client to bee examined by a medical export who would formulate a report on our client’s injuries. It was this report that showed that the injuries were sustained in the accident and that our client would require physiotherapy which we arranged at the insurers cost. The report was also used to help us value the compensation figure.
In addition to the compensation for our client’s injuries, we compiled a schedule of special damages (Associated losses) and claimed fo9r the following:
- Travel expenses to and from medical appointments and hospital parking fees.
- Care and Assistance was required from his parents who helped our client to wash, dress and move around for a period of four days.
- Medical Expenses Our client purchased Paracetamol for the pain.
- Other consequential losses such as telephone calls and postage costs.
We negotiated a settlement figure with the defendant insurers and did every thing we could to achieve the highest settlement figure for our client.
Resolution: Our client’s case settled for £3244.52