Settlement Date: August 2024
Settlement Amount: £10,000
Union: BFAWU
Case Handler: Claire Campbell, Partner
Our client, a long-standing member of BFAWU and a production operator at Warburtons Bakers Factory in Bellshill, sought legal assistance after developing severe back pain. The pain was attributed to years of heavy manual handling in the course of his employment, particularly related to his duties with the mixing equipment, which involved lifting heavy containers of seeds.
Over time, our client’s condition worsened, causing significant disruption to his work and personal life. The client first began experiencing severe back pain in January 2019, when a sudden stabbing pain occurred. He later sought medical attention and was advised to avoid heavy lifting. Despite this, his duties at work remained the same, further aggravating his condition. After multiple absences and medical treatments, including physiotherapy and medication, our client continued to suffer back pain, which eventually led to a diagnosis of sciatica.
Legal Action:
Thompsons Solicitors were instructed to represent the client and launched an investigation into his working conditions. During the process, it became clear that the tasks required of him—particularly the manual handling involved in lifting heavy seed containers weighing up to 50kg - had aggravated his underlying degenerative back condition. It was also noted that basic manual handling training provided by the employer did not adequately prepare workers for the specific tasks they were performing, nor were risk assessments carried out in relation to the manual handling duties.
We raised a court action to protect the client’s position from limitation, as he had stopped performing the tasks in question in February 2020. In support of his case, we obtained expert medical evidence from a Consultant Orthopaedic Surgeon. The expert confirmed that the heavy lifting had exacerbated the client's pre-existing degenerative back condition over a period of 10 years. While this limited the value of the case, it provided a crucial link between the client’s workplace duties and his injury.
Despite this, liability remained in dispute, and the case was set to proceed to a hearing on 1st October 2024. To strengthen the case, we obtained additional evidence from a Consultant Ergonomist, who provided a report that supported our client's claim. This report was shared with the defenders prior to the pre-trial meeting.
Outcome:
Shortly before the pre-trial meeting, the defenders made their first settlement offer of £7,500. After reviewing the offer and considering the medical evidence, we believed this was slightly too low. We advised the defenders that we would recommend an offer of £10,000 to our client. The defenders agreed to this proposal, and the offer was made to our client.
When we presented the £10,000 settlement offer to the client, he expressed that it was far more than he had ever expected and was extremely pleased with the outcome. He was happy to accept the settlement, bringing the case to a successful conclusion in August 2024.
Claire Campbell, Partner at Thompsons Solicitors, commented on the case:
"This case highlights the long-term effects that inadequate manual handling processes can have on workers. Our client endured years of heavy lifting without proper support, which resulted in a serious injury. While the degenerative nature of his condition complicated the case, we were able to secure a fair settlement through strong medical evidence and expert support. We are pleased that our client can now move forward with this chapter closed."
Conclusion:
This case illustrates Thompsons Solicitors' commitment to securing justice for workers who suffer from injuries caused by unsafe working conditions. By thoroughly investigating the client’s working environment and obtaining expert evidence, we were able to achieve a positive outcome for our client, despite the complexities of the case. The settlement provides financial compensation for the pain and suffering the client experienced and reflects our dedication to protecting the rights of union members.
If you or someone you know has been injured at work due to unsafe working practices, Talk to Thompsons today to discuss your case and learn how we can assist in securing the compensation you deserve.
