In June 2021, our client suffered an accident at work in which he sustained a back injury. He was employed as a shunter, working for Gist Ltd., a logistics firm, in Cumbernauld.
He was referred to Thompsons by his union so that our personal injury solicitors could seek compensation on his behalf.
The background
Our client had been working as a shunter for approximately four years. It was his task to ensure that lorry trailers were loaded correctly and this involved him moving the trailers onto and off of the loading bay doors.
On the day of the workplace accident, our client had started his shift at 7am. He approached a trailer that had been partially loaded overnight. He needed to move it back onto the loading bay doors so that the loading work could be completed.
Our client had manouvered the vehicle so that he was able to open the trailer doors. As he did so, the gate of a cage which had been loaded incorrectly fell towards him. He ducked to try to avoid it, but the gate struck him across his shoulders and neck.
A manager who was nearby at the time came over to see if our client was ok.
Although he was experience some pain from the back injury, our client decided to finish his shift.
The consequences
The following day, our client was still experiencing back and neck pain.
He attended work as usual, but approximately half way through his shift, he could no longer continue working. He attended the A&E department at Wishaw General Hospital where he was examined and X-rayed. There was bruising and swelling across his shoulders and at the top of his back. He was diagnosed with soft-tissue injuries.
Our client was unable to return to work for nine days and lost out on wages and overtime payments as a result.
The workplace accident occurred because the loader of the trailer failed to secure the cage gate properly. It was unclear whether this was due to lack of attention on the day or lack of training. However, following our client's injury, procedures were changed at the loading bay. From then on, a manager was required to sign-off that each trailer has been loaded correctly before the doors were closed.
The settlement
Thompsons' personal injury solicitors intimated a claim to our client's employers in respect of the workplace accident. Liability was admitted.
We obtained a medical report which confirmed that our client had suffered a cervicothoracic paravertebral muscular strain, the recovery time being more than 11-12 months.
The defender made an initial offer of £5,135.16. We were of the view that whilst this was a reasonable offer, there was some room for improvement.
Having discussed the offer with our client, he provided instructions for us to reject it.
An increased offer of £6,250 was put forward. We discussed the merits of this offer with our client. We considered it was now a reasonable sum and our client provided instructions to accept.
Settlement was agreed on 01 April 2022.
