Personal injury advice from
Thompsons Solicitors
Compensation for Council Employee Injured by Badly Fitting Work Boots
4th April 2007
Our lawyers recovered £3,000 compensation for a refuse collector who suffered from plantar fasciitis after he was provided with poorly fitting work boots by his employer.
Unsuitable Work Equipment
David Evans, of Oldbury, is employed by Sandwell Metropolitan District Council as a refuse collector. As part of the Health and Safety regulations he and his colleagues are required to wear special work boots that protect their feet.
The Council provided Mr Evans with new boots, however they were ill-fitting and uncomfortable. This became clear after he had worn them for work over two days, in which time he covered around 30 miles on foot. He began to suffer a lot of pain as a result of wearing the boots, so returned them to his employer and put in a request for them to be replaced.
Injury at Work
Mr Evans’ request for correctly fitting protective boots was not granted, as he was told that there were none available. It was therefore necessary for him to wear trainers to work for the following four months until some were eventually provided.
His lawyer obtained medical evidence from a GP that wearing the ill-fitting boots had caused plantar fasciitis, however Mr Evans’ employers still did not admit liability and would not accept the evidence. A second report, again confirming that the boots caused the problem, which is an inflammatory condition of the heel, was obtained from a Consultant Podiatrist.
Personal Injury Claim
Mr Evans decided to pursue a personal injury claim against his employers, as he felt that they caused his injury by failing to provide him with suitable work equipment. He commented: "The new boots didn’t fit. I wore them because there was no alternative available and it was in my interests and the Council's for me to wear protective footwear. However it became too much of a problem, I was in a lot of pain and returned the boots. Despite asking for a new pair that would actually fit, no-one seemed that bothered. So I decided to take action.”
The Council still refused to admit responsibility, despite evidence to the contrary, however paid £3,000 in damages to Mr Evans.
His lawyer said of the case: "This case highlights the need for employers to take the protective clothing of their employees seriously. Mr Evans should not have been forced to wear ill-fitted boots, which resulted in injury, nor should he have expected to wait four months before a replacement pair was made available."
Workplace Injury Claims
If you or a member of your family has suffered a personal injury caused by an accident at work or other negligence on the part of an employer, you may be entitled to claim compensation.
Contact The Legal Line for cost free advice and assistance from our specialist lawyers on 0800 0328511, or by completing a claim enquiry form online.
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