Unite Legal Services ensure HGV driver is compensated following injury at work

A Unite member who suffered an injury at work has received £200,000 following help from Unite Legal Services.

Mr Smith suffered a fracture to his right hip after trying to free a jammed trailer curtain on the lorry he was driving, which left him unfit to work.

He was standing on the catwalk on the back of the lorry, reaching up to try and release the curtain, when it suddenly worked free and he consequently lost his balance and fell to the ground.

Unite Legal Services instructed Morrish Solicitors in Leeds on Mr Smith’s behalf.  Investigations found that the curtain was defective and his employer did not have adequate training procedures in place for staff operating equipment.  Management at the company were aware that curtains frequently jammed on the trailers, but Mr Smith was never told that the suspension should be lowered prior to opening or shutting the curtain.

They admitted liability after previously defending Mr Smith’s claim, but maintained that he should, in part, be held responsible for the accident even after settlement.

Unite member Mr Smith said: “I was basically left to my own devices as to how to free the curtain.  I saw it as a run of the mill problem.  I was just trying to free the curtain so that I could get on with my job.  The managers were aware that it was common practice for drivers to deal with day to day problems that cropped up, such as jammed curtains, in a pragmatic fashion rather than strictly by the book.  I had never been told to lower the suspension before opening or shutting the curtains.  I hadn’t heard of this procedure before my accident.  The first time I heard about it was when I was made aware that my employers were defending my claim.  The help and assistance that was provided to me by Unite Legal Services and Morrish Solicitors, who acted as panel solicitors at the time of my greatest need was invaluable.”

Karen Raey, North East Yorkshire and Humberside Regional Secretary of Unite the Union said: “Mr Smith had been a lorry driver for some 40 years and as a result of his accident, lost the last 4 years of his working life.  This is a success for Unite Legal Services and all our members should take some comfort from knowing that our legal services are at hand to act for members and their families.  Thankfully with this settlement Mr Smith now has something to help him through his retirement.”

 -Ends-

Notes to Editors

 

  1. Unite the Union is the largest Trade Union in Britain and Ireland with over 1.5m members.
  2. Unite Legal Services acts on behalf of over 16000 members every year and last year recovered over £100m in compensation for members injured at work.
  3. Morrish Solicitors have worked with the Trade Union movement for over 100 years and are an experienced personal injury firm based in Leeds, with additional offices in Bradford, Pudsey and Yeadon.
  4. Anyone interested in joining Unite The Union can contact a Regional Office on 0113 2364830 or go to www.unitetheunion.org.

 Media Contacts

 Ciaran Naidoo

Unite the Union

0203 371 2059

[email protected]