£75,000 recovered for injured nurse after employer failed to act

When other firms might have seen a claim arising from simply opening a door, Aston Knight Solicitors looked beyond the incident itself. By examining the weight of the door, our client’s pre-existing back problems, the repetitive nature of the task and her employer’s failure to respond to her complaints, we were able to establish a strong case and recover £75,000 in compensation.

The circumstances of the accident at work

Ms Z was a nurse working at a medical facility based in converted premises. The building had a large, heavy wooden door which was normally kept open throughout the day.

During the Covid-19 pandemic, however, the system of work changed. In an attempt to limit the number of patients entering the building at any one time, the door was kept closed and patients were admitted individually. For Ms Z, who saw patients every five to ten minutes, this meant repeatedly opening and closing the heavy door throughout her working day.

Ms Z had previously experienced back problems and had made her employer aware of this. She also found that opening the heavy door caused pain in her back. On one occasion, while opening the door, she experienced a sudden and severe pain in her back. She reported the incident to her employer and asked for her system of work to be changed. Unfortunately, no meaningful changes were made. Instead, Ms Z was told that other members of staff would assist her if they happened to be available. Otherwise, she was expected to continue opening the heavy door herself. This meant that Ms Z continued carrying out the same task which had caused her injury, despite having reported her symptoms and asking for assistance.

Ms Z continued to experience pain when opening the door and, over time, her symptoms developed into more significant spinal problems. She also suffered psychological injury as a result of the ongoing pain, the impact on her ability to enjoy her usual hobbies and lifestyle, and the fact that she felt she had been left with no choice but to continue with a working practice which was causing her pain. Eventually, Ms Z had no alternative but to leave her employment. It was then that she contacted Aston Knight Solicitors.

Having carefully considered the circumstances, we concluded that there was a strong argument that the system of work should have been reviewed once Ms Z had reported her symptoms and, at the very latest, following the incident in which she suffered her injury. We were therefore happy to accept the claim on a No Win No Fee basis.

The Defendant’s insurers, however, denied liability throughout the claim. This did not deter us.

We obtained specialist expert evidence addressing Ms Z’s spinal injuries and psychological symptoms and progressed the matter through court proceedings.

Following detailed consideration of the evidence and negotiations with the Defendant, we secured a £75,000 settlement for Ms Z.

The case demonstrates why the circumstances surrounding an accident must be examined carefully. On the face of it, the injury occurred while Ms Z was carrying out a routine task of opening a door. However, the circumstances were far from routine. The weight of the door, the frequency with which Ms Z was required to open it, her previous back problems, the symptoms she reported to her employer and the failure to take effective action were all important factors in establishing the claim.

Solicitor James Winterbottom, who represented Ms Z, said:

“Many firms might look at a situation like this and be concerned that the injuries arose simply from opening a door, which appears to be a fairly routine task, particularly given the Defendant’s position throughout the claim.

However, it is crucial to look beyond the immediate incident and consider the circumstances in which it occurred.

Here, factors including the weight of the door, our client’s pre-existing back problems, the repetitive nature of the task and the lengthy period during which no effective protective action was taken were all important.

The specific facts of every case are crucial to succeeding. That is why a detailed analysis of the circumstances is so important at the outset of every claim.”

Managing Director Ayoub Khan said:

“What strikes me about this case is the complete failure to properly address our client’s concerns once she had reported experiencing pain.

The Covid-19 pandemic undoubtedly created unprecedented challenges for employers, and measures to protect patients and staff were understandably important. However, those measures could not come at the expense of employee safety.

Once our client had raised concerns and reported an injury, her employer should have properly considered whether the system of work remained safe for her.

I am delighted that James and the team were able to secure an excellent result for our client despite liability being denied throughout.”

Client feedback

Ms Z was delighted with the service she received from Aston Knight Solicitors:

“Extremely happy with service from start to finish. Detailed advice and prompt responses. Satisfied with the outcome of case. Would definitely recommend service.”

This case is another example of The Aston Knight Difference. Our solicitors look beyond the obvious, identifying the factors others may overlook and pursuing claims where the circumstances justify doing so.

If you have suffered an injury at work and have been told that you do not have a claim, contact Aston Knight Solicitors for an initial discussion about your circumstances. We succeed where others fail.

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