Postman Received Compensation after Forced Early Retirement
Partner in Personal Injury, Gary Tierney, has secured a Postman a sizeable compensation settlement after being forced to retire early, due to an injury at work that left him unable to return.
- Your employer is legally obligated to ensure you are not put into any danger whilst you are carrying out your work duties.
- Appropriate and adequate health and safety systems should put in place; especially in dangerous environments (including those that could be affected by inclement weather).
- If you are injured because you have not been provided with the right equipment or training, your employer may have acted negligently; you could claim compensation.
The Right Equipment; It's Snow Joke
Whilst working for the Royal Mail, Gary's client was carrying out his regular duties delivering post. Sent on a rural delivery route during quite severe inclement weather, the client slipped and fell on compacted snow and ice.
The client sustained an injury to his left shoulder tendons and had to undergo surgery to correct the torn tendons. More long term, he has ongoing symptoms and ultimately was unable to return to work.
The issue is that Gary's client was not given the necessary equipment to ensure his safety
: snow chains and spikes should have been given to all Royal Mail staff, in December 2010.
Who Is At Fault?
Gary concluded that his client's employer had breached their statutory duties to ensure that they not put employees in harm's way; they had acted negligently:
- Under the Personal Protective Equipment at Work Regulations (1992), the correct personal protective equipment must be provided to employees, and this was not the case, exposing a risk to health and safety while at work.
- The employee was failed on a number of issues: a proper and safe system of work was not created, nor was he given any adequate training or supervision.
- Under Regulation 3 of the Management of Health and Safety at Work Regulations 1992, the employer is legally obliged to carry out adequate risk assessment, which the Royal Mail failed to do.
- Our client was also sent out on a rural delivery where it was clear that nothing had been put in place to reduce risk (such as gritting the road), exposing him to a risk of injury.
Gary used this all as evidence of negligent behaviour on Royal Mail's part, and ultimately secured a sizeable £15,000 compensation payout for his client.
He comments:"The case shows that employers who require their staff to go out onto the public highways as a part of their work duties have a duty of care to its employees to ensure that it is safe and that they are provided with suitable equipment in inclement weather conditions."
"More Than Happy"
Following the successful claim, Gary's client has retold his extremely positive experience of using Simpson Millar's services:"Following an accident at work I was medically retired from Royal Mail in November 2013, 18 months before my official retirement date at 65. Although I received a lump sum payment from Royal Mail in lieu of wages, Simpson Millar, acting on behalf of my union have just finalised a further, significant compensation settlement.""I have been more than happy with Simpson Millar's handling of my case and the very satisfactory outcome."
Could Simpson Millar Help You?
Gary Tierney secured his client a sizeable £15,000 payout
after he was treated negligently by his employer, and sustained an injury. Gary and the rest of the Simpson Millar Personal Injury team
are on hand if you need straightforward, jargon-free legal advice from experienced solicitors.
Our client's case illustrates the very basic obligation your employer has to keep you safe at work – and if they do not do this – they may be subject to paying compensation.If you believe that your employer has acted negligently, or you have been injured at work through no fault of your own, get in touch with Simpson Millar, today. All you need to do is fill in our enquiry form, or give us a call on 0808 129 3320.