Mr P of Mansfield, Notts was working as a joiner fitting bedroom furniture, heavy duty wardrobes, beds and bedside cabinets when the accident occurred. Mr P was working alongside two agency workers carrying wardrobes into a room. The two labourers were carrying one end of the wardrobe and Mr P on the other. The two agency labourers let go of their end of the heavy wardrobe and therefore Mr P was left to bear the full weight and subsequently dropped the heavy item. He developed sudden numbness affecting his left shoulder and the left side of the neck extending onto the upper left side of his chest. The numb sensation remained for a few minutes and was then replaced by pain. Mr P also suffered immediate lower back pain.
Ralph Clark, Solicitor and part of the serious injury team at ASD obtained witness evidence in support of Mr P’s claim from colleagues who attested to the negligent acts of his employer and liability was admitted.
The medical expert instructed found that Mr P would have suffered such pain within 2-3 years, even without the accident. This meant that Mr P’s accident had only accelerated his pain and suffering, rather than caused it in its entirety. Therefore, although the Defendants had admitted liability, there was a dispute about causation. The Defendants admitted that the accident was a result of their negligence but they disagreed that the accident caused Mr P’s injuries. Mr P not only suffered physical injury but also suffered from low mood and depression as a result of the accident.
Expert opinion of orthopaedic surgeons, neuropsychologist and psychologists was sought and their evidence confirmed that the accelerated injuries were as a result of the accident Mr P suffered at work. The injuries would have been latent for another 2-3 years entirely but for the accident.
Mr P’s claim was settled for the sum of £125,000.00.
If you have been injured as a result of manual handling please call Ralph Clark, Solicitor for free advice on 0114 2678780.