John Martin

John wins £35,000 employer’s liability claim

DHL was short staffed on the day of the accident in January 2007 so although John was normally depot based, he was required to help out with deliveries and collections. On this occasion he had to collect wooden pallets from the back of his van and put them onto a hand-operated transporter. However, as he was doing so, the faulty transporter stopped suddenly, jarring Johns shoulder in the process.

John explains: I have private healthcare and was able to get an appointment at the hospital the following day. Scans revealed a tear in my rotor cuff – the muscles and tendons around my shoulder – which required surgery.
I previously had problems with my shoulder, but all was well at the time of the accident. After the operation, there was some improvement but I needed further surgery due to a build up of scar tissue. Luckily, this was also covered by my health insurance.
I was absent from work for three month in total and only now am able to use my shoulder properly. My injury interfered with simply things like driving, gardening and housework.
I decided to pursue a claim and contacted Express Solicitors. The firm assigned me to Rachel Flannigan and I was really impressed with her expert advice and support. Rachel was brilliant – DHL admitted liability but kept making me silly offers, which she suggested I refuse as she was confident I had a strong case. The transporter was faulty, so Rachel helped me bring a claim under the work equipment regulations and DHL admitted liability early on.
Following the accident, I was off work for some time before returning on light duties. I then took further periods off work after the operations, but received my wages in full from DHL.
In the end I received £35,000 to cover my injuries, my health insurers outlay and some care and assistance, as I was struggling with heavier chores. The accident should never have been allowed to have happened in the first place, but I feel Express Solicitors helped me get fair compensation and I cannot recommend the firm highly enough.
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