Factory worker secures nearly £90,000 after suffering shoulder injury

George suffered a painful shoulder injury after falling on the slippery floor of a scallop factory.

His role was to remove the edible scallop meat from the shell and gut/offal material.

Whilst working within the factory George slipped on improperly discarded gut/offal.

As a consequence, he suffered a rotator cuff tear which required surgery to repair and impacted on his ability to work in the future.

George was helped by David Nellaney, Partner in our Glasgow office, who investigated and gathered the necessary evidence needed to win George’s accident at work case.

David argued that George’s employers had failed to risk assess to devise and implement a system in accordance with Regulation 3 of the Management of Health & Safety at Work Regulations 1999 to avoid gut/offal material being improperly discarded.

Consequently there were further breaches of the Provision and Use of Work Equipment Regulations 1998 and Workplace (Health, Safety & Welfare) Regulations 1992 which helped to demonstrate negligence on the part of George’s employer.

The factory denied liability but still offered compensation to settle the case.

Offers of £60,000, £82,000 and £85,000 were made but on David’s advice, these were rejected.

A fourth offer of £88,500 was made which was accepted by George as it represented fair and just compensation for his injuries and losses.

George from Dumfries said: “What happened was really unfortunate as I’d rather I wasn’t injured at all.

“But having the help from Digby Brown meant I was able to protect myself and my family and keep paying the bills when I wasn’t able to work anymore.”