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Claimant suffered a lower back pain injury
I represented the Claimant who was working in the course of her employment at a service station. Pre-accident the Claimant was suffering from back pains and her employers were fully aware of this. Management continued to ask her to complete physically demanding jobs and her protests were ignored, which led to the worsening of her low back pains, causing her to suffer a lower back injury. The claimant experienced high levels of back pain whilst undertaking these manual handling activities and was absent from work for 4 months.
Liability was fiercely denied, the Defendant relied upon manual training which had be completed and a health assessment which stated that the Claimant confirmed that she did not have any back complaints. The Claimant maintained that they were fully aware and they would force her to carry out such manual tasks, which at times she physically could not do and would cry with the pain. Proceedings were issued. The case went to trial and the Judge found in favour of the Claimant.
The claim settled for £20,232.00 and consisted of compensation for injuries sustained and loss of earnings, medication and travel expenses.