Shoulder injury gets CWU member £4,100 compensation

Dated:   

Simpson Millar has won a damages claim of £4,100 for a Communication Workers Union (CWU) member, who suffered a shoulder injury at work.

Shoulder Injury

Shoulder injury at work


The Royal Mail worker was storing parcels on shelves in the callers' office of the depot in which she worked. As she leaned on the faulty shelf it flipped upwards and landed on her right shoulder, causing her a painful injury.

The worker sustained soft tissue injuries to her right shoulder for which she required treatment.

Defective shelving


What was immediately clear was the defective nature of the shelving. The issue had been raised several times and highlighted to management prior to the incident.

The lady concerned and others, including a health and safety representative, had made numerous separate complaints to different office managers about the condition of the shelving.

It was not until this accident that any action was taken to make the shelves safe. The screws on the shelf proved to be loose and shelves were positioned too high for employees to reach without a hazard occurring.

CWU member undergoes medical scans


Initially, Royal Mail denied liability. They claimed the accident had been the responsibility of the contractor who originally put up the shelves.

We advised Royal Mail that we would nonetheless press on and hold them responsible for our client's accident. We began by obtaining medical evidence. After reviewing the original report, the CWU lady confirmed she still suffered from her injuries, and it was decided that she would be re-examined by the medical expert.

Deciding that more investigation was necessary into the worker’s injuries, the expert suggested that she receive a scan or an x-ray of her shoulder injury. Since the injured lady was pregnant at the time, she decided to wait until after the birth before continuing to gather the necessary evidence.

Once the baby was born, both the x-ray and MRI scan could be done and a full medical report compiled. Faced with undeniable medical evidence of the extent of the worker's injuries, we successfully secured £4,100 in compensation for her shoulder injury.


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