Thompsons was contacted by the claimant, a care support worker, via her union, UNISON, concerning the injuries she sustained in May 2016 in a workplace accident.

The background

On the day in question, our client had been providing care to elderly patients with special needs assisted by a colleague from an agency.

As the agency worker was caring for a female resident, the patient became agitated. Our client went to help calm the situation but the resident grabbed hold of our client's right arm and shoulder, swinging it about vigorously and resulting in injuries to her right shoulder.

Our client requested an accident report form from her employer the following day, but the form was not made available until a week following the incident.

Our client stated her view that this patient needed two-to-one attention from staff, specialist equipment including a sling and hoist to assist with personal care needs, and that all staff should have been given training for her individual requirements.

The consequences

The day after the incident, our client was in considerable pain. She later attended her GP's surgery where she was diagnosed with a rotor cuff injury and was sent for an x-ray for knee pain.

Our client returned to work, but found she was suffering pain, depression and panic attacks, so she eventually went on sick leave around a month and a half after the incident.

Our client was eventually referred for a scan which revealed torn muscles.

The settlement

The defender denied liability at the pre-litigation phase so Thompsons' workplace injury solicitors raised a court action. There was some urgency in doing this because the case was at risk of becoming time-barred; it was approaching three years since the time of the accident.

We obtained expert medical evidence, which indicated that the member had sustained a five-year acceleration of pre-existing degenerative condition in her right shoulder. The defenders eventually instructed their solicitors to act.

Thereafter a settlement of £25,000 shoulder injury compensation was put forward which is an exceptionally positive result for our client.