A worker has been awarded £80,000 compensation following an accident at work where a heavy piece of equipment fell on her foot causing nerve damage which left her suffering from ‘chronic pain’ and reduced mobility.
The woman, who works in the healthcare sector, had been carrying out a common daily duty when a detachable, but heavy part of the equipment she was using suddenly fell on her left foot, as it had not been properly attached and secured in place.
It caused nerve damage to the top of her left foot and three toes, resulting in such intense pain that she said she “would have gladly opted for an amputation” at times.
Today, more than four years later, the woman is still unable to stand for long periods without being in severe pain, and has to rest with her foot elevated. She had to change her job to a role where she was not required to be on her feet as long each shift, now working more days, but shorter hours.
Union representatives urged worker to claim for compensation
“This injury has affected every aspect of my life, and that’s something I’ve had to come to terms with over time. It’s something I now have to live with, and I’ve had to adapt my life in accordance,” said the 52-year-old.
“I’m may not be young, but I’m certainly not old either and this injury has prevented me from doing many things I love, such as hiking and dog walking. It has also meant I can’t do many things around the house.
“The pain has been so bad at times that if someone had offered me an amputation there and then I would say yes.”
The woman was advised by her union representatives to pursue an accident at work compensation claim, which she did through Hudgell Solicitors.
That was led by injury at work solicitor at Hudgell Solicitors, who alleged her employer, an NHS Trust, had failed to carry out suitable risk assessments for using the product, and failed to reduce risk of injury by ensuring a safe system of use.
She said those failures had left staff exposed to a ‘foreseeable risk of injury’ given the weight of equipment being used, and its detachable nature. The Trust admitted breaching its duty of care and agreed the £80,000 damages settlement out of court. Changes have also been made to procedures since.
“I never had any concerns about taking action against my employer as this injury has had such a significant impact on me. I’ve thought many times about how it could have been someone much younger than me also,” said the worker.
“When I had my accident somebody had obviously used the equipment before me and put it back without securing the heavy weight in place. That’s why as soon as I moved it, it fell on my foot.
“I wanted the legal case to ensure changes were made to prevent something like this happening again to anyone else, and it has, as the use of the equipment was reviewed and a new system was put in place whereby the heavy equipment had to be secured in position after each use, and a form signed to confirm that had been the case.
“If this system had always been in place it would all have been secured and attached when I came to use it, and I wouldn’t have suffered the injury.”
Legal case highlighted need for risk assessments
A member of Hudgell Solicitors’ personal injury team, said: “This case highlights how serious, life-changing injuries can happen when employees are going about duties they carry out many times, if sufficient safety procedures and precautions are not in place.
“It is particularly important for thorough risk assessments to be conducted when any form of equipment is being used of significant weight. In this case there should have been a very clear procedure to ensure that extra weight was always left securely attached, and not able to fall as it did.
“I was pleased to be able to secure a good damages settlement, which my client intends to use to purchase an automatic car, as she can no longer drive a manual vehicle due to her injury, as well as helping her cover the cost of future aids and required treatment to manage her injury and pain.”
The woman added: “Hudgell Solicitors were excellent. They kept me informed at each and every stage and explained the process, ensuring I had all the right information when it came to considering and accepting the final settlement. It will be hugely helpful for the future.”
What Are Accidents at Work?
An accident or injury in the workplace could be anything where you’ve suffered physically at work. You may have fallen or slipped in an office, suffered an injury from falling debris on a worksite, or sustained a back injury at work through manual handling that could have been avoided.
Whether you’ve had a major or minor accident at work, claiming injury at work compensation can help you get your life back on track by reimbursing you for lost earnings and expenses because of your injury.
We know how stressful and traumatic an injury at work can be. Our expert injury at work solicitors are here to support and guide you through the process and ensure that they fully understand your circumstances so they can help to get you the accident at work compensation you deserve.
