Derby work accident claim solicitors

 

Derby work accident claim solicitors

McIntosh Fleming Lawyers, specialise in no win, no fee work accident claims, and we guarantee that you keep all of your compensation without any deduction for our charges. Get in touch with Derby work accident claims solicitors by e-mailing gary.dickie@btinternet.com , or ring us on 01332 518135 .

Case Study

The plaintiff was employed at the defendant’s factory as a decoiler. One of his tasks was to push a mass of metal sheets, standing on plywood boards, along non-mechanised rollers. The plaintiff had to start the mass in motion by placing his right foot on the outside of the bulk, thereby twisting his body and exerting pressure while placed in an awkward asymmetric position. This action had to be repeated about 16 times a day and caused lateralised lower back pain and musculo-skeletal problems in his right hind quarter. The plaintiff was forced to take a month off work and had to give up work six years later. The court described his condition as one of permanent moderately disabling discomfort that caused some difficulties with his daily living. The plaintiff was fit for some employment although his disability and age reduced his chance of obtaining work. Award £80,345.91.

Case Study 2

The plaintiff developed medial epicondylitis (golfer’s elbow) in the course of her work as a factory

packer. She was required to pack 10 boxes every minute and the job required her to hold the box with knuckle joints extended and the tips of her fingers flexed, and necessitated movements of extending and pronating the arm. A medical expert argued that repetitive movements of this nature caused the injury and that she was suffering from a lesion where the tendon attached to the epicondyle. The judge found that epicondylitis can be brought about by repetitive stress and that the plaintiff’s epicondylitis was caused by her work. He also found that the defendant was negligent for failing to act on the complaints of employees, it had failed to pay heed to the fact that there were other sufferers of repetitive strain injuries, it had not monitored employees’ symptoms, had not planned proper rotation and rest breaks, and had not warned employees of the risk of getting an upper limb disorder.

The plaintiff suffered considerable discomfort as a result of her injury and was eventually obliged to take ill-health retirement. Thereafter, her symptoms settled, although she continued to experience difficulties with her household duties. Two years after her retirement she obtained part-time work as a waitress and experienced mild pain when carrying trays, using the telephone and carrying her shoulder bag. The judge accepted that she was not able to work more than part-time and found that she was at a significant disadvantage on the labour market, due to her continued epicondylitis and limited skills. It was noted that she might be able to find congenial work with longer hours. The judge considered that the plaintiff could have actively sought work after the injury, and consequently discounted loss of earnings by one-quarter up to the date that the plaintiff obtained part-time employment. Having regard to the plaintiff’s medical history of back pain, which was unconnected with the injury, it was noted that she would not have been able to work up until the age of 60. Award £57,482.64.

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