Warehouse Injury – Securing a Fair Settlement for Our Client

The Incident 

While working as a warehouse operative, our client was tasked with moving a large, heavy item from its slot to a cage. Recognising the difficulty of the task, he requested assistance from a colleague, who helped partially before returning to their own duties. Left to continue alone, our client struggled with the item’s size and weight, eventually losing control and suffering an injury as a result. 

Injuries Sustained 

An orthopaedic expert confirmed that our client experienced significant left shoulder pain due to the incident. Although he had already started physiotherapy, the expert recommended an additional 12 sessions and provided a prognosis of recovery 3 to 4 months after completing these sessions. 

 The expert’s prognosis estimated a total recovery timeline of approximately 3 years and 2 months from the date of the accident. Additionally, our client has had to continue working while managing ongoing back pain caused by the incident. 

The Case 

Following the accident, our client turned to Fletchers Solicitors for support, where experienced Litigation Executive Justine Murtagh handled the claim. 

Initially, the defendant denied liability, asserting that the client had received adequate manual handling training. However, our team identified that the area where the item was being moved was congested, which contributed to the difficulty of the task. 

 We proposed a Part 36 offer on a 50/50 liability basis, recognizing the complexities of the case. Throughout the process, our legal team maintained concerns about the disclosure provided by the defendant and the consistency of the incident’s mechanics but remained steadfast in advocating for our client. 

 Understanding the challenges of the claim, our client agreed that a 50/50 liability settlement was reasonable. 

The Outcome 

The case was successfully settled on a 50/50 split liability basis, with Justine securing £5,422.82 in compensation for our client. 

 After the claim’s conclusion, our client expressed relief at holding the defendant accountable for their role in the incident. He credited our team’s perseverance for achieving a resolution and stated he now knows where to turn for legal support in the future.