22nd January 2008
When a teaching assistant suffered a back injury due to insufficient manual handling procedures at her workplace, she instructed our specialist personal injury lawyers to assist her in making a compensation claim.
In her role as a teaching assistant, the claimant would help one child in the class who had cerebral palsy and often had to take most of her weight when doing so. She injured her back due to supporting the child’s weight and had to be signed off from work.
She held her employer responsible for this injury at work, as they did not provide the necessary equipment to assist her in safely moving the child.
Following the claimant’s injury, her employer reassessed the child’s needs and purchased various equipment, including hoists, to assist her movement.
They tried to argue that this was only needed after the claimant’s injury, as the child had become heavier, and that the claimant had been told not to lift the child. She had no other option but to lift the child manually in the absence of equipment however and the Judge rejected her employer’s argument, finding in the claimant’s favour.
She was awarded damages in respect of her injuries and losses.
If you or someone close to you has suffered an injury or accident at work, you may be entitled to claim compensation if someone else was to blame.
At The Legal Line, our lawyers are experts in all areas of personal injury and can provide the specialist advice and assistance you require. Contact us on 0800 0328511, or by completing a claim enquiry form online.