Engineering Manager Awarded Compensation for Torn Ligament
AWH has won £14,000 in a case for an engineering manager, after he collided with a concrete floor and sustained a tear to his medial collateral ligament.
What was the case?
Our client was employed as an Engineering Manager for the Defendant. A recent flood had caused significant damage to the stock and out client was tasked with itemising, photographing and removing the damaged stock. On the day of the accident, our client was attempting to remove a large component – approximately 10 foot long – with a colleague. His colleague swivelled the component which in turn swung behind our client and forced him to move forwards. When this happened, his left foot got stuck between two pallets and his body twisted 180 degrees, before eventually colliding with the concrete floor. As a result of this, he sustained a tear to his medial collateral ligament. As a result, our client was restricted as to what he could do for a period of a few months and has also suffered from ongoing issues with his knee functionality.
What is the medial collateral ligament?
The medical collateral ligament (MCL) is one of the ligaments inside your knee. It is located on the inner side of your knee joint, and it connects your thigh bone (femur) to your shin bone (tibia). An MCL injury can be a partial or a compete tear, a stretched ligament or a detachment of the ligament from your bone. The symptoms include:
- Potential swelling
- Instability when putting weight on your leg
- Possible bruising in the first few days after your injury
- Pain on the inside of your knee
Treatment for injuries to the MCL can include simple steps such as icing the area and elevating it, but very serious may even require surgery.
Employer’s Duty of Care
In this case, the employer of our client did not fulfil adequate health and safety requirements to protect their employee from danger. Under UK law, all employers must put steps in place to reasonably protect from danger all who may be affected by their business. This can include:
- Providing the right protective equipment required to complete tasks.
- Managing and addressing grievances promptly and effectively.
- Providing health and safety training.
- Protecting staff from discrimination in the workplace.
- Managing and addressing staff misconduct.
Between employees who are working closely together, it is also important that everyone fulfils their own duties. These duties include:
- Following training provided for using equipment or devices at work
- Taking reasonable care of their own and other’s health and safety
- Co-operating with you on matters of health & safety.
- Reporting hazards, near misses or inadequate precautions in the workplace.
No one should have to suffer an avoidable injury in their workplace, and reasonable health and safety assessments should be put into place to assure that everyone is kept safe. In this case, our client should have been more carefully protected from the dangers in his workplace, and steps should have been put in place to avoid his accident.
If you have been involved in a similar situation, then our specialist solicitors can help you throughout the process of making a compensation claim.Get in touch
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Stacy PimlottAssociate Solicitor/Team Manager view profile