Personal injury advice from
Thompsons Solicitors
Compensation for Exacerbation of Neck Condition Caused by Office Chair
12th December 2006
Our lawyers recently acted on behalf of a woman whose existing neck problem was made worse by a period of re-training at work without the special chair that she required.
They recovered £2,000 compensation on her behalf in respect of the pain that she endured.
Workplace Risk Assessment
The claimant had suffered from cervical spondylosis since 1990, experiencing intermittent flare-ups from that time.
When she had some time off from work due to neck pain in 2000 a risk assessment of her work area was carried out. It was decided that she should be provided with a special chair and her computer screen should be raised.
Although this did not remove the problem altogether, the claimant’s neck was more comfortable and better supported and the development of her condition was slowed. She did not require any further time off due to problems with her neck.
Inadequate Work Equipment
When the claimant’s department was to be transferred in 2002, she had the option to retrain or resign. Her decision to retrain meant that she had to attend an external venue for five weeks.
Despite repeated requests for her usual chair, the claimant was given a chair to use that was completely unsuitable for her. This caused increasingly severe pain in her neck. When the correct chair was eventually provided, only three days before the end of the course, the arms would not fit under the desk she was given. This meant that she was still uncomfortable as she was too far from her keyboard.
Workplace Injury Compensation
Although her employers tried to argue that they were not under any duty to risk assess the training desk as it was only to be used for a short time, this implication that health and safety can be suspended for a short period is incorrect.
It was found by the Judge that the increase in pain amounted to a personal injury and that the claimant’s employers had failed to respond to her requests and complaints regarding her chair.
If you have suffered an injury at work that was caused by the negligence of someone else, you could be entitled to compensation. Contact us for cost free, expert advice and assistance on 0800 0328511, or by completing an online claim enquiry form.
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