Unite member compensated after suffering shoulder injury at work

Morrish SolicitorsInjury & Medical Negligence, Site NewsLeave a Comment

Unite member, Raymond Fenn, has secured £55,680 in compensation following an accident at work.

In November 2012, Raymond, who was employed as a Fork Lift Truck Driver for Norbert Dentressangle, was unloading a wagon at the depot where he worked, when he fell down a pot hole and wrenched his shoulder on the wagon.

Although Raymond continued to work over the coming months, he was in a great deal of pain and eventually consulted his GP who referred him for an ultrasound scan at Barnsley District Hospital. The scan revealed that he had torn a tendon in his shoulder.

Raymond underwent a course of physiotherapy and was given steroid injections. However, the treatment did not alleviate his symptoms and he went on to have surgery on his injured shoulder.

Despite keeping his manager informed of his progress and treatment and being certified unfit for work, he was questioned as to whether or not he was actually unfit for work.  His employers claimed that they had video evidence showing that he had been working as a coach driver whilst he was off sick.

Raymond was invited to attend a disciplinary meeting, where it was stated that if the allegations were proven, it would amount to gross misconduct and his employment would be terminated. Unfortunately, as Raymond felt that the relationship and trust had completely broken down, he decided to resign.

To this day, Raymond remains in constant pain and now has a restricted range of movement.

Raymond approached Unite Legal Services who made a claim for compensation on his behalf.

A Consultant Orthopaedic Surgeon confirmed that the time Raymond had off work following the accident was entirely reasonable for the type of injury sustained.

Investigations also confirmed that there was no actual photograph or video evidence showing Raymond driving a coach, as had been claimed by his employers.

Norbert Dentressangle admitted liability for the accident. However, they continued to dispute that Raymond’s present day symptoms were as a result of the accident and questions were still being raised as to whether he was actually unfit for work.

The case was listed for trial on 4 October 2016 and the Judge awarded Raymond £55,680 in compensation for his injuries and future loss of earnings.

As his case was funded by Unite Legal Services, he retained 100% of his compensation.

Raymond said: “I was hoping to make it to 68 before I retired, but because of my injury and the way in which I was treated by my employer, I’ve had to give up work.  I really enjoyed my job and was a hard worker, but the impact my injury has had on me personally has been really difficult.

I’m lucky that I had the backing of my union Unite to make sure that my employer was held to account for what has happened to me.”

Karen Reay, North East, Yorkshire and Humberside regional secretary at Unite the Union, said: “The pot holes were a foreseeable hazard and should have been identified. His employer should have understood better the consequences of failing to meet basic workplace health and safety standards – a painful injury for our member and a significant compensation payout. It would have been simpler and cheaper for the employer to take preventative action to avoid this accident.

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.”

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