£14k awarded for injury from manual handling accident

Compensation of £14,000 was awarded in 2004 to a 49 year-old male after he sustained injuries in his neck and left shoulder due to the manual handling of heavy equipment in the workplace.

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Case details

Injury Details

The claimant, aged 45 at the time when he suffered a workplace injury. The incident took place when the man was employed as a machine operator for the defendant company.

He was asked to carry a part of a gas turbine of significant weight. The strain of carrying the equipment caused nerve damage in the left side of his neck which extended to his shoulder and caused him severe shooting pain.

The pain caused paraesthesia and the left side of his body had been weakened.

He was forced to take approximately two weeks off work to recuperate, and upon his return to work he was only able to carry out lighter work.

His condition was assessed three years subsequent to the initial incident, at which time he continued to suffer from continual pain which proved to be intrusive. He would struggle to sleep at night due to the distress caused by his symptoms.

He was forced take several painkillers on a daily basis. Medical reports concluded that the incident itself was at least in part responsible for the subsequent injuries and symptoms suffered by the claimant. It was found that the neuropraxia would not have occurred had it not been for the occurrence of the lifting accident.

The prognosis was that it was not safe for him to continue to carry out manual lifting, and medical experts agreed that this in turn would have an adverse affect on his opportunities in the labour market. He was not suitably qualified to work in another industry.

Award

The matter progressed to a court hearing, where the claimant was successful before the judge.

In considering an award of compensation, the judge considered that the claimant's return to the management industry was not a realistic option.

Total damages of £14,000 were awarded of which £7,500 was awarded for pain, suffering and loss of amenity.

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Author:
Gaynor Haliday, Legal researcher

About the author

Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.