Our client, a Warehouse Operative at the Tesco distribution centre in Livingstone, suffered an accident at work in February 2018.

Thompsons' personal injury solicitors assisted her in her claim for £12,500 in crush injury compensation.

The background

On the date of the accident, our client had been asked by a colleague to assist him in closing a trailer door. The door was heavy and our client's colleague was struggling to pull the door down.

As our client attempted to assist him in closing the door, the co-worker pulled on the door with some force which closed the door suddenly and our client's fingers became trapped in the door.

The consequences

Two of our client's fingers on her left hand were crushed and her right ring finger was also injured in the warehouse accident. She was taken by ambulance to St John's Hospital in Livingstone where her injuries were assessed. She suffered significant pain and trauma.

Our client underwent surgery to repair her fingers and attended several follow-up appointments, including physiotherapy.

During a trip to Romania in March 2018, our client visited a private medical centre, where she underwent further surgery on her fingers.

Our client was unable to return to work for around two and a half months, and was ineligible to receive full Statutory Sick Pay as she had only been working for Tesco for six months. She continues to suffer symptoms of sensitivity in her left index finger which has been slightly shortened as a result of the crush injury accident. She also suffers chronic adjustment disorder with anxiety.

The settlement

Our client felt she had received insufficient training as to how the doors should be closed and some of the safety features had not been highlighted to prevent the risk of injury.

We intimated a claim to Tesco with reference to Regulations 4, 5, 6, and 9 of the Provision and Use of Work Equipment regulations 1998; regulations 3 and 5 of Management of Health and Safety at Work Regulations 1999; and the vicarious liability of the defender for the actions of their staff.

Liability was initially denied by the defender, so Thompsons' personal injury solicitors raised proceedings in court.

A work accident compensation sum of £12,500 was offered and settlement was agreed on 1st November 2021.