As a part of his job laying tarmac our client was asked to move manhole covers along with the frame, each cover weighed between 150 kg and 200 kg. As a result of having to manually lift the covers with a colleague our client injured himself and had to take time off sick. Our client returned to work only to injure himself again lifting the manhole covers so he reported to his boss he was having to leave work and made an appointment to see his GP.
Our Client’s Injuries: Injury to back (slight disc bulge).
What did Hayward Baker do to help: We ran our client’s claim on a no win no fee basis and blamed the defendant for the accident because:
His employer failed to undertake any or any suitable risk assessment, contrary to the Management of Health and Safety at Work Regulations 1999 (MHSW) or as required by regulation 4 of the Manual Handling Regulations 1992 Had they done so, they would have recognised the risk of injury of manually attempting to lift weights weighing 150kg or 200kg. They failed to avoid the need for our client to undertake manual lifting and have failed to reduce the risk arising from the manual handling operation to lowest possible level. They failed to provide a safe system of work; trying to manually lift the cover etc from ground level with the assistance of just one person created a clear danger. They failed to provide any or any suitable manual handling training to our client. Equipment could have been provided which would have eliminated the need to lift the covers manually or if this was not possible, equipment could have reduced the risk of injury. Additional employees lifting the cover may also have reduced the risk.
The insurers initially denied liability for the accident and steps were taken to take the case to Court and let a judge decide who was at fault.
We obtained medical evidence to show our client’s injuries were as a result of the accident and took numerous witness statements to show what happened to our client and also to support what his life was like living with a bad back.
We arranged a medical massage as instructed by the medical expert who examined our client.
A number if items were claim for on our client out of pocket expenses claim such as :
- Loss of earnings
- Travel expenses to and from medical appointments
- Care and assistance around the home where our client, due to his injury, could not do a number of things for himself.
- Medical expenses
The matter did not go to Court in the end due to the solicitor running this case negotiating with the insures, eventually an offer from the insurers was made and after taking our advice our client agreed to accept the sum offered.
Resolution: The claim settled for £10,000