Delivery driver loses job after suffering a slipped disc in lifting injury

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Delivery driver loses job after suffering a slipped disc in lifting injury

6th September 2012

A Kent man who suffered a slipped disc when he tried to lift a heavy box at work has received £35,000 in an out of court settlement.

Daniel Denton, a workplace accident specialist at Fentons Solicitors LLP, said his client was working as a long-distance delivery driver when the incident occurred nearly two years ago.

“My client was delivering a boxed shower enclosure, which weighed just shy of 50 kilogrammes,” he said. “When he bent down and attempted to lift the box, which was sat below waist height on the floor of his van, he felt a sudden burst of pain in his lower back and down his left leg. The pain was so excruciating he was in tears as he returned home.

“The following day, my client, who is in his 30s and had not suffered any problems with his back before then, was in agony and completely unable to sit comfortably in his van, let alone make deliveries,” said Daniel. “After visiting his GP, he was referred for an MRI scan and diagnosed with a slipped disc.”

Over the following weeks, the claimant continued to suffer almost constant severe pain in his lower back and left leg. Unable to work and wholly reliant on his partner to tend to his everyday needs, he underwent both physiotherapy and acupuncture but unfortunately neither treatment had any impact on his pain.

“Over the next several months my client’s pain was persistent and debilitating on an almost daily basis,” said Daniel. “Twelve months after his accident, he underwent surgery to have a section of his slipped disc removed from his spine. Following his operation, he was advised to walk every day and continue with regular back exercises to avoid stiffness. Thankfully, within only a couple of months, his doctors reported that he had recovered well and was considered able to return to work provided that he didn’t lift anything weighing more than 20 kilogrammes.”

When the claimant met with his employers he was told his pre-accident role was no longer available as there was no guarantee he wouldn’t have to do any heavy lifting. Instead, they suggested he apply for a newly-available role as a warehouseman, but after applying for the role he was never offered an interview and subsequently learned that the job had gone to someone more qualified. He has now begun looking at alternative career options.

“The slipped disc my client suffered led to more than a year of debilitating and painful symptoms that ultimately needed surgery,” said Daniel. “Although he has recovered well from his injury, he has been told that he won’t be able to lift anything heavy for at least the next three years.”

After liability was admitted by his employer’s insurer, Daniel settled the claim on behalf of his client for £35,000.

How can Fentons Solicitors help?

Fentons Solicitors is experienced in handling claims relating to all types of serious injury and 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