Damages for delivery man after chronic back pain results in loss of job

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Damages for delivery man after chronic back pain results in loss of job

30th April 2013

A Milton Keynes man who had to give up his job after permanently injuring his back has received £60,000 in an out of court settlement.

John Reeder, a workplace accident specialist at Fentons Solicitors LLP, said his client, who is in his 40s, now suffers with chronic back pain as a result of the time he spent working as a delivery driver.

“My client’s job involved delivering goods such as furniture to shops and private homes,” said John, a partner at the firm. “The work involved a huge amount of daily heavy lifting and after almost a year in the role he began suffering a gradual onset of painful symptoms that not only affected his back but also his knees and right arm.

“His symptoms made his job extremely difficult and uncomfortable but as he needed the work he persevered despite the pain,” added John. “Although there were occasions when he was provided with a colleague to assist him with the kinds of heavy loads he was tasked with delivering, this was not always the case and he was often required to work alone.”

John said the problem was that his client’s employer appeared to have given no thought as to the difficulties he might face in delivering the items – some of which weighed up to 100 kilos. “The goods were simply loaded into his van and he was then expected to cope on his own without any lifting equipment or having been given any suitable training on how he might lift the items safely.

“Sadly, he was left with no alternative but to look for other jobs,” said John. “But although his recruitment agency was able to secure him with a number of temporary positions, he struggled to find anything that was suitable. Unfortunately, all the roles that were appropriate to his experience involved some degree of heavy lifting and although he tried as best as he could he was never able to cope with the work he was offered for more than a few days.

“Naturally, he found it extremely frustrating not being able to do the kind of work he enjoyed and was used to,” added John. “Furthermore, he suffered a considerable dip in income as his symptoms prevented him from working full time and he was required to spend more and more money on his medication and treatment.”

Fortunately after a long period of unemployment, the claimant has now started a job involving lighter work and his arm and knee pain has begun to improve. However, despite extensive physiotherapy he continues to suffer ongoing chronic back pain.

“Sadly, my client has been told his present symptoms are unlikely to improve and will instead continue indefinitely,” said John. “Surgery is not an option and it is now very much a matter of him simply continuing with his treatment and adjusting his lifestyle accordingly to cope with his pain.”

After liability was admitted, John settled the claim on behalf of his client for £60,000 in March 2013.

How can Fentons Solicitors help?

Fentons Solicitors has a specialist department experienced in handling claims for victims of accidents in the workplace.

If you think that you have a case or require further information contact Fentons on 0800 0191 297 or fill in the online claims questionnaire.