Personal injury: member stories
A member suffered an injury to her knee when on her employer’s premises she fell down on an uneven pavement where the tarmac had eroded.
She tore ligaments in her right ankle and suffered soft tissue damage to her left knee.
In order to establish that her employer had breached their duty of care to her, RCN Law relied upon the following:
- The Management of Health and Safety at Work Regulations 1999
- Health and Safety at Work Act 1974
- Common Law
Initially her employers denied liability but, as the claim progressed, they admitted that they had breached their duty of care. RCNLaw valued her claim at between £5,500 and £6,500. Initially the employer made an offer to settle of £5,250 but this was rejected and a counter-offer of £6,500 made.
Ultimately the matter settled with the member receiving 100% of her £6,000 compensation.
I’m currently unemployed but until I was injured at work I was a unit manager in the independent sector.
On the day I was injured I’d answered a buzzer in the shower room – a man needed his dressing changed. But as I turned around to put rubbish in the bin, I slipped on what was meant to be a non-slip floor.
“I couldn’t move. I had a bad back anyway so I called for help and the physiotherapist got me into a wheelchair. Initially I didn’t think it was too bad, but then the pain got worse so I went to A&E where it was confirmed I had a lower back injury.
“I went on sick leave and before long I found myself on the lower rate of pay. Then I was called into a work meeting where I was told there was no longer a suitable position for me.
“I’ve been a member of the RCN for more than 10 years and had seen leaflets telling me about the legal help the RCN could offer so I telephoned the regional office who passed my information onto RCNLaw. From then on everything was done by telephone or email, and I reached a settlement with my former employer.
“Two and a half years on I’m still in pain. I keep trying to go back to work but I’m either over-qualified or don’t have the relevant experience. So if you ever find yourself in my situation get in touch with the RCN straight away. I never wanted to make a claim but it feels like I’ve lost everything so there really was no choice.”
Mary, an agency nurse sustained a whiplash type injury when a privacy curtain and rail fell from the ceiling above her, resulting in headaches, dizziness, blurring and phonophobia. Mary also found her memory, concentration and mood were affected.
Due to symptoms of dizziness and the consequential effect on her balance, Mary was no longer able to enjoy her pre-accident activities such as swimming and cycling. Mary also worried about the effect her ongoing symptoms caused at work, as she now experienced difficulties remembering medical terminology.
Mary continued to suffer ongoing memory loss, although fortunately she was able to continue in her role as an agency nurse and relied on her phone to keep notes and appointment details.
Following negotiations, Mary’s case was settled with her receiving 100% of her £32,000 compensation.
When Maria sustained multiple injuries following an accident at work, she began to report cardiac problems, despite no such symptoms existing prior to the accident.
Maria continued to work in the same environment where the accident had taken place, meaning she was subject to constant reminders of the accident.
We obtained a report from a psychologist who agreed that Maria’s symptoms may be caused by stress, and a cardiologist was consulted who ruled out any organic damage to her heart.
The psychologist was able to recommend a treatment regime to help Maria’s stress levels and allow her to work with her GP to reduce/remove her heart medication.
Following negotiations, the damages were agreed in the sum of £36,000.
ts in her right ankle and suffered soft tissue damage to her left knee.
Initially her employers denied liability. However, as the claim progressed, they admitted that they had breached their duty of care.
RCNLaw valued her claim between £5,500 and £6,500. Initially the employer made an offer to settle of £5,250, but this was rejected and a counteroffer of £6,500 was made.
We were able to settle the matter for Alice and she received 100% of her £6,000 compensation.
Whilst at work, David was punched in the back of his head by a patient, causing him to fall to the floor unconscious. The patient then used a sharp object to cut David’s chin, scarring to his jaw requiring six stiches, causing severe discomfort and affecting daily activities such as shaving/eating.
Given the nature of the attack, David also suffered psychological injury, experiencing anxiety and stress for approximately four months after the incident.
The employer admitted to liability and RCNLaw valued the claim at between £10,000 - £15,000, with additional out of pocket expenses (medical expenses and lost wages) valued at £2,439.02.
RCNLaw made an opening offer of £17,459.02 to settle the claim. A counteroffer of £12,500 was accepted by David, who wished to conclude matters as soon as possible.
David kept 100% of his compensation.
Elizabeth suffered a soft tissue injury to her knee and wrist at a restaurant after slipping on some discarded food. She sustained soft tissue damage to the back, as well as soft tissue damage and bruising and swelling to the left wrist.
The restaurant responded to the claim with an admission of liability, so all that needed to be determined was the value of the claim.
A medical expert was engaged to examine the member’s injuries and prepare a medico-legal report. The report confirmed soft tissue injury to the knee and wrist stating that they would be healed within two and six weeks respectively.
RCNLaw valued the claimed at between £1,250 - £2,000 and also noted that the member had further out of pocket expenses, arising out of the incident, of £45.48.
The claim was settled with Elizabeth receiving 100% of her £2,019.90 compensation.
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