Claimant Wins Compensation for Back Injury After Employer Tells Them To “Put Up with It.”

Case by: LLB (Hons) & LPC Stacy Pimlott Updated: May 20, 2022

An AWH Client has been awarded £5,500 for back injuries after working 62-hour weeks where they had to lift groceries weighing up to 40kg.

What Was the Case?

Our Claimant was employed full time, working as a Picker, Packer and Loader from Monday to Friday. He worked for 50-62 hours per week from September 2015 to March 2017 when his employment ceased with the Defendant.

His daily duties started with picking groceries which varied in weight and size but could weigh up to 40kgs. The Claimant would then have to pack the products and load the products into vans ready for delivery. The Claimant was encouraged to try and exceed the target and was told he could go home early if all targets were met.

His hours of work were initially 50 hours per week between September 2015 and July 2016. Between July 2016 and November 2016, his hours increased to 62 hours per week.  In around October 2016, the Claimant started to suffer from back pain which was around 3 months after his hours had increased. Around this time the Claimant recalls having to lift a 25kg salt bag when loading products into the vans for delivery which was causing pain in his back.

When the Claimant first noticed his symptoms, he mentioned them to his Operational Manager and to his Team Leader. The claimant spoke to his supervisors to get his hours reduced. As a result, the hours were reduced to 53 hours per week. Despite his reduced hours, he was never offered any lighter duties. Additionally, our claimant was not offered any assistance with lifting heavier items.

The pain continued despite the Claimant asking for his hours to be reduced further. Our Claimant informed his supervisors of his back pain. After which he was told he either had to “put up with it” or look for another job.

What Was the Outcome of the Claim?

The Claimant was not suffering from symptoms of back pain prior to when he was working for the Defendant. A medical examination by his GP in March 2017 provided evidence that he was suffering from occupational back pain.

Initially, the Defendant denied liability and obtained their own medical evidence, but the case was settled on a commercial basis.

With the expert help of AWH’s industrial disease solicitor Stacy Pimlott, our claimant was able to win a settlement figure of £5,500.00.

Back Injury Claims with AWH Solicitors

Have you been affected by a back injury at work? If so, AWH’s industrial disease solicitors can help provide you with the legal help and support needed to get the compensation you deserve.

Our team of industrial disease solicitors will use our understanding of health and safety regulations to establish a strong case against your employer.

We aim to keep your claim out of the court, keeping your back injury claim straightforward and simple but if court proceedings are required, you can rely on us to stand by you from start to finish.

Read more about our industrial disease team here.

Get in touch using the contact form or call us on 0800 999 2220.

Find out if you are entitled to back injury compensation and start your back injury claim today.

Hear more about the member(s) of our team featured above:

• Stacy Pimlott Senior Associate Solicitor/Team Manager view profile