Settlement: £7,000
Case Handler: Seonaid Brophy, Partner
Incident Date: 26th March 2022
Thompsons Scotland are committed to representing individuals who have suffered injuries through no fault of their own. In this case, we acted on behalf of a USDAW member who sustained injuries following a workplace accident while employed at Morrisons.
The Accident
On the day of the accident, our client was carrying out his usual duties at the store, which involved unloading deliveries. As he was removing a cage from a truck, the tail plate suddenly moved, causing the heavy cage- laden with butter, juice, and lard - to fall directly on top of him. As a result, he sustained injuries to his legs and chest.
Despite experiencing pain, our client completed his shift, but in the following days, his condition worsened. He sought medical attention at Queen Elizabeth University Hospital, where he was diagnosed with muscular chest damage and a badly bruised right knee. He also reported increased anxiety following the incident.
Legal Action and Investigation
We intimated a claim to Morrisons on behalf of our client. However, liability was denied. The employer claimed that an investigation revealed no fault with the tail lift and asserted that the accident must have been due to the client’s own actions.
Determined to secure justice, we proceeded with obtaining medical evidence from a Consultant Orthopaedic Surgeon. His report confirmed that our client suffered soft tissue injuries that would take up to 18 months to fully heal.
Given the employer’s refusal to accept responsibility, we raised court proceedings in the All Scotland Personal Injury Court. The case was set for proof on 10th December 2024.
Settlement Outcome
As the trial date approached, Morrisons made an initial settlement offer of £5,400. After discussions with our client, this was rejected as insufficient given the extent of his injuries and the impact on his daily life. Following further negotiations, an increased offer of £7,000 was made, which our client accepted.
Client Impact
Due to the accident, our client had to transition to a new job, where he now works lighter duties. This role involves standing at a computer and processing orders. Additionally, the accident temporarily impacted his ability to engage in hobbies such as playing pool and driving.
Seonaid Brophy, Partner, Comments on the Case:
“This case highlights the importance of workplace safety and employer accountability. Our client’s injuries were entirely preventable had appropriate maintenance and repairs been carried out on the defective tail plate. Despite the employer’s initial refusal to accept responsibility, we persisted and secured a fair settlement for our client. No employee should have to work in unsafe conditions, and we will continue to fight for those affected by workplace negligence.”
Conclusion
This case underscores the necessity of proper workplace maintenance and highlights the crucial role of legal support in ensuring injured workers receive the compensation they deserve. If you or someone you know has been injured at work through no fault of their own, our experienced personal injury team is here to help, Talk to Thompsons today.
