The claimant, Mr James McLean, contacted Thompsons Solicitors in Scotland in relation to the injuries he sustained in an accident which occurred on 15 November 2017 while he was working as a forklift driver and warehouse operative at the Tesco distribution centre in Livingstone.
The background
In the minutes before the warehouse accident, Mr McLean had been driving a forklift, a long forks vehicle, in order to load it with cages. However, as he was moving the loading cages – in line with employer instructions – boxes of various food stuffs became loose in a cage behind him and fell onto him; this included as many as ten boxes of fruit, including melons and pineapples.
Immediately following the warehouse accident, Mr McLean and his manager inspected the cage and discovered that the contents had not been strapped in place correctly by another operative – a breach of safe working practice.
The consequences
Mr McLean suffered a soft tissue whiplash injury to his neck, with worsening muscular tightness following the accident, particularly in his spine and across his shoulders. The injury was mostly resolved within 12 months, but it was concluded that the ongoing pain and discomfort would be likely to take around three years to heal completely.
Mr Mclean required assistance from his wife lifting heavy objects at home. His injuries also interfered with his ability to play golf in his leisure time and also with his ability to perform his usual exercise routines.
Furthermore, due to his incapacity, he had to pay for a painter and decorator to perform services he would usually have performed himself.
The settlement
Mr McLean's forklift accident compensation claim was supported by a witness statement from the manager who helped him in the immediate aftermath of the incident. It was also supported by a doctor's report which confirmed a diagnosis of whiplash injury to his neck.
In the investigation following the warehouse accident it was established that fault for the accident was attributable to the co-worker who had not strapped up the cage properly. However, liability was initially disputed by both Tesco and the PMP agency as to which of them employed the worker.
Thompsons raised an action against Tesco on the basis they had control. The defender made an offer £5,500. This was recommended by us and Mr McLean accepted the offer, with payment finalised on 26 November 2019.
