A detainee prison officer who worked for the Ministry of Justice has won £615,000 after being seriously injured during a training exercise.
The claimant worked as a detainee prison office for the Ministry of Justice. In April 2015, he was undertaking training that was organised and conducted by the Defendant. During the course of the training the Claimant was playing the role of the detainee when he was violently thrust to the ground whilst handcuffed by one of the Defendant’s employees. As a consequence of this demonstration, the Claimant was left with neck and shoulder injuries to the extent that he required multiple medical procedures and surgery on his neck.
The Defendant admitted that there had been a breach of duty in relation to how the injury had occurred. This meant that they admitted that they had failed in their duty of care towards the employee. It is always an employer’s duty to protect the health, safety and welfare of their employees and other people who may be affected by their business. Employers must do whatever is reasonably practical to achieve this. This means making sure that workers and others are protected from anything that may cause harm, effectively controlling any risks to injury or health that could arise in the workplace.This admission was then subsequently withdrawn via application, but an appeal was successful in having this overturned and the admission of a breach of duty remained in place.
Unfortunately, the Claimant’s neck symptoms persisted, and he was considered as having a significant handicap on the open market. He was therefore unable to return to any form of employment at the time of settlement.
Our specialist solicitor, Stacy Pimlott, had the matter transferred to her in November of 2019. The matter was clearly complex in nature, due to the causation elements of the claim, but Ms. Pimlott had to use all her expertise and knowledge to progress this matter at speed given the stage that the claim was at within the litigation process. Medical reports were obtained from Orthopaedic Consultants, Pain Management Consultants and Psychiatric Consultants due to the complexity of the Claimant’s injury, but eventually the matter was settled amicably between the two parties.
This case was extremely complex, especially due to the nature of how the injury had occurred. AWH were pleased that their specialists were able to assist throughout. Upon the settlement the Claimant said:
‘I have recently had a personal injury settled out of Court thanks to AWH, and an exceptional individual Miss Stacy Pimlott who dealt with my case. I can’t recommend this firm enough and the service that we received from Stacy. They are fantastic. All the way through the claim I was kept informed of every detail by email, letter, text messages and phone calls. She always had time if I had a question, or even when I was worried, she sorted it. My wife and I would like to give a great big thank you to Stacy and all at AWH Solicitors.’
If you have been affected in a similar situation in your workplace, get in touch today for expert help and advice.
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Stacy PimlottSolicitor/Team Manager view profile
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