A Factory Worker Trips Over a Tow Rope on the Shop-Floor

What Happened?

Graeme* worked as a Production Operative for a large and well-known manufacturer of construction vehicles and plant. He was employed by them through an agency. His job required him to load small- wheeled containers with pieces of equipment, which would then be towed to other parts of the factory. Whilst doing his job, he needed to walk between the gap between two containers and has he did so, he tripped over a tow cable connecting the two containers.

How Was He Affected?

Graeme fell forward and dislocated his shoulder. He could no longer do his job which required him to pick up and carry relatively heavy items of equipment. Unfortunately, because Graeme worked for an agency, the Defendant’s (who were the owners of the factory) were able to terminate his employment straightaway. Graeme did not receive any sick pay either. It was three months before he was fit enough to find himself another job through the same agency and about five months before he was fully recovered from his injuries.

How Did We Win The Claim?

We investigated what had happened to Graeme. By obtaining the Defendants Accident Report, we learned and were able to prove that there was a fault with the towbar of the tow truck, which was broken and meant that the Defendants had used a low rope tied between the back of the tow truck and the mobile container. We argued that Graeme would have seen the yellow-coloured towbar had it been working and in place, that it would have been higher up than the tow rope and that Graeme would have seen it and not have tripped over it.

We were then able to use our experience and knowledge of the Provision and Use of Work Equipment Regulations and an Act called the Occupiers Liability Act to prove that Graeme’s workplace and the work equipment were dangerous and unsafe.

We forced Graeme’s employers to accept primary responsibility for the accident, but they continued to allege that Graeme had been 50% responsible for his injuries by not taking more care and failing to see the towrope, which they said was obvious. They also said that Graeme should have known that the container and the tow truck would have been tied together. We advised Graeme not to accept the offer of 50% and to issue a court claim. Within about three months, we had brokered a deal where Graeme accepted 10% responsibility for the accident.

How Much Compensation Did He Receive?

We sent Graeme to a Consultant Shoulder Surgeon who confirmed that Graeme’s shoulder was fully recovered and he could not expect any further problems with it. The Surgeon also said that it was reasonable that Graeme could not work for three months.

We agreed compensation of £2,950.00 for Graeme’s shoulder injury. We also £3,676.00 for the wages he would have earned during the three months that he was off work. We also agreed an award of £460.00 for the extra care and help the Graham’s family had given to him whilst he was recovering from a shoulder injury. With interest, this meant that Graeme’s total award of compensation was £7,240.00. Because Graeme had accepted that he was 10% responsible for the accident, he received 90% of that sum meaning that his award of compensation was £6516.00.

If you or someone close to you has been injured in a slipping accident at work, or in a shop, supermarket or any public place, The Claims Partnership will be happy to help you. All our services are No Win/No Fee. We never charge our clients for advice and always have time to chat on the phone, via text or by email. We will do our best to help you and point you in the right direction, even if we cannot take on your case.

You can contact us:

By Phone on 01772562084
By Email @ info@theclaimspartnership.co.uk
By Text on 07451279084

*In order to protect our client’s privacy and confidentiality, as well as to comply with the settlement terms that we have agreed with Defendants, our clients name has been changed, as have some other minor details.