Mr Paul Dunn, a 34 year old man from Gateshead, has been awarded £20,000 after he injured his left shoulder whilst at work. Mr Dunn worked as a Night Shift Supervisor at a Royal Bank of Scotland cash centre. When the accident took place, he was lifting money bags out of a cage and was sorting them into piles on the floor. Only coinage was usually stored in clear reinforced plastic bags and mainly notes with a limited amount of coinage would be stored in grey bags. Mr Dunn lifted a grey bag presuming it would contain mostly notes; however it had been filled incorrectly and actually contained too much coinage. As Mr Dunn, lifted the bag he felt severe pain in his left shoulder and instantly dropped the bag to the floor.
He reported his injury to his manager who then put details in an accident book and advised that he should take painkillers. The following day Mr Dunn went to see his GP where he was told that he had pulled an internal rotator cuff muscle in his shoulder. He had to take 2 days off work and lost approximately £200.00 worth of pay.
When Mr Dunn returned to work he had to remain on light duties for a month and consumed painkillers for at least 6 weeks.
Prior to this accident taking place, Mr Dunn had complained about the fact that money was being put in the incorrect bags yet there had been no steps made by the Royal Bank of Scotland to try and rectify this. Further the Royal Bank of Scotland failed to provide self levelling cages which should have been used to ease the particular task Mr Dunn was completing at the time of his accident as outlined by their risk assessment of the task.
Due to these reasons, Mr Dunn suffered a painful injury to the muscle in his shoulder. Consequently, the Royal Bank of Scotland had ultimately failed in their duty as employers to reduce the risk of injury to the lowest level possible in the particular manual handling task.
Mr Dunn had previously gone to another firm of solicitors but the case was transferred to Express Solicitors due to a conflict of interest. The Royal Bank of Scotland maintained a denial of liability for over two years, during which time Express Solicitors challenged their denial, encouraged an admission of liability whilst collating evidence to support the claim to be fought through the court process. Proceedings were issued and an application for inspection of Royal Bank of Scotland’s premises was made, with the kind assistance of Martin Littler, barrister of Cobden House Chambers. Such action resulted in the Royal Bank of Scotland’s change of position, as they then admitted liability for Mr Dunn’s accident with an allegation of contributory negligence, offering to settle his claim for £12,000.
However Express Solicitors successfully challenged the allegation of contributory negligence and negotiated an increased settlement for Mr Dunn’s compensation claim in the sum of £20,000 on a 100% basis.
For anybody who has a lifting injury in the workplace the Manual Handling Operations Regulations 1992 apply. These regulations require all employers to make a suitable and sufficient assessment of all manual handling operations to be undertaken in the workplace and to take appropriate steps to reduce the risk of injury of employees to the lowest level possible.
Thanks to the hard work carried out by Zaynab Awan at Express Solicitors and Martin Littler of Cobden House Chambers, Mr Dunn has been awarded £20,000 in compensation for the pain and suffering sustained from his injury.
If you have been injured at work and it was not your fault please contact us today on 0800 158 5274 to discuss your claim free of charge with a specialist Employers Liability Solicitor.