Case histories

£42,500 damages awarded to bottling hall line operator for shoulder injury

In her job as a bottling hall line operator, our Unite Scotland member client carried out a lot of heavy lifting, particularly when heavy machine components had to be removed and replaced. Although this happened up to four times each shift, her employer had never risk assessed the task. The member alleged a shoulder injury, but the employer firmly denied liability. They did not accept that the manual handling had caused her injury. 
 


We obtained a supportive medical opinion and raised proceedings in The National Personal Injury Court. We also obtained a court order to access the premises with an expert witness engineer. Over time we gathered a host of supportive evidence. At the pre-trial meeting the member's employer made no proposals, so we were preparing for the final hearing. They then lodged a proposal to settle for £17,000. 

After rounds of negotiation, the case ultimately resolved for £42,500.

£20,000 compensation for Unite member who suffered occupational stress

Due to workplace bullying and intimidation, our Unite Scotland member client became ill and was absent from work twice for extended periods, before being redeployed. 
 
During a lengthy court process, we recovered significant documentation, obtained medical evidence, and interviewed witnesses. 

A few weeks prior to the final hearing and at the pre-trial meeting, we declined an offer of £7,500. Further negotiation brought about an increase to £15,000 and then an ultimate settlement at £20,000.
 


As there has never been a successful court hearing in an occupational stress case, this was a great result for us. We have gone on to achieve a successful outcome for the member's colleague who was similarly affected by the bullying and had their case on hold pending this test case.

£25,000 compensation for Unite member with respiratory issues

As a result of long-term exposure to fine metal dusts and cooling agent chemicals in his workplace, our Unite Scotland member client developed respiratory issues. An appointed medical expert said he was suffering from sarcoidosis, quite a rare respiratory condition. It can be difficult to prove a link between the condition and the person’s employment, and the employer’s appointed medical expert disagreed with the diagnosis.

We obtained a court order to gain access to the premises with an expert in occupational chemical exposure. He produced a detailed opinion concluding there had been a breach of duty on the part of the employer.

After lengthy negotiations in what was a long, complex personal injury case, we secured a settlement of £25,000 for the member.

£133,000 damages for nursing assistant assaulted by patient

Our nursing assistant Unite Scotland member client was assaulted by a patient. Personal alarms provided to staff were not working. While she suffered some physical injuries, the most serious injury was psychiatric.

While pursuing the case, we helped with efforts to assist the member's recovery. This included sourcing therapists who could provide treatments recommended by a psychiatric expert and securing interim payments to help pay for them.

Despite earlier substantial offers, the member accepted our advice to press ahead with further negotiations. The full final value of the settlement was £133,000.

£10,000 compensation secured for delivery worker who suffered back injury

After delivering kegs into a pub cellar, our Unite Scotland member client closed the door, only to find the concrete around the door disintegrating. He was left supporting the full weight of the door to stop it falling into the cellar, and as a result he suffered a back injury. The pub company sought to evade liability as the member's colleague did not recall the accident, and he had not consulted his doctor at the time. 
 


As he appeared to us to be a very credible, straightforward individual, we pressed on with the case, raising proceedings on his behalf. An initial offer of £6,000 was made. Through our negotiation this was increased to £8,000, then £9,100. 

We lodged a formal proposal to settle for £10,000, which was successful.