Former childminder wins £15,000 compensation after back injury

Home » News & Knowledge » Rotherham Council worker Wins £15,000 compensation after work conditions cause serious back injury

Oakwood Solicitors Ltd has secured £15,000 in compensation after a client suffered an injury whilst working for Rotherham Metropolitan Borough Council.

In a recent settlement, a former childminder and Contact Support Officer, Zena, has been awarded £15,000 in compensation after her workplace conditions at Rotherham Metropolitan Borough Council led to a serious back injury. This case shows how ergonomic neglect can lead to significant health impacts, especially for staff in demanding care roles.

Former childminder wins

In this case, Zena was not provided with an adequate chair or desk to take notes while supervising family sessions despite raising the issue with her employer, Rotherham Metropolitan Borough Council.

As a result, she often spent up to six hours a day sitting in a nursey-sized chair and hunching over her laptop to take notes, resulting in a back injury and suffering.

She has now been awarded £15,000 with the help of Oakwood Solicitors Ltd.

Speaking about her successful case, Oakwood Solicitors’ client, Zena said:

“I was very hesitant about taking the first step towards making a claim against my previous employer, but I was more hesitant with taking the first step approaching a ‘no-win, no-fee’ solicitors.

“Oakwood Solicitors quickly gained my confidence and throughout the process of my claim with Oakwood Solicitors and all the necessary documentation and information I was required to give I was talked through everything with knowledgeable, caring, considerate and compassionate persons with whom I felt completely safe.”

“I could never have achieved this positive outcome without you. Once doubting, but now convinced that a no win no fee means exactly that!”

Below, we break down what happened in Zena’s case and how we helped her obtain the compensation she was entitled to.

Circumstances of the case

For the first 12 months of working for Rotherham Metropolitan Borough Council, Zena worked in a residential care home in Rotherham, where she looked after children with disabilities, assisted children in the community, and took them out for the day to do activities with them, which she thoroughly enjoyed.

However, in 2010, Zena progressed in her career and began working as a contact support officer. In this role, she supervised contact with children and their families in a centre and would be required to take notes of the session. However, this is when Zena’s health issues began.

Inadequate equipment

The Centre where she worked facilitated the visits between the families were ensured that the rooms were aesthetically family-friendly, but in doing so, failed to provide an adequate table and chair for Zena to work.

The Council (Zena’s employer) did not want a chair and table to give the room a ‘clinical feel’ or appear as if it was invading the family’s sense of privacy in the room.

However, as Zena’s job was to supervise contact visits between the families, Zena’s role required her to document the details of the visit and make notes. As she was not provided with a desk or chair to work from, Zena had no other choice but to make do with whatever chair was available.

This meant Zena would often spend up to six hours a day sitting in a small children’s nursery chair and having her laptop on her lap whilst supervising families.

Lower back pain developed

Gradually, months went by, and Zena developed pain in her lower back and neck from being hunched over working on her laptop. Soon enough, the pain became progressively worse, and Zena eventually took time off work due to the pain.

Once Zena returned to work, Zena reported to her manager that they should get a basic chair and table at least as she feels as though this is what is causing her back and neck pain. The manager advised that they would look into this but Zena did not hear from them for a while.

Zena attempted to raise this issue with her manager and even mentioned this issue in a team meeting, but the response to Zena was that there were no funds or budget to purchase a desk and chair in every room in the centre.

No changes made

Zena was referred to Occupation Health who has recommended to the Council that reasonable adjustments should be made in the rooms so that her pain does not worsen, however, there were no changes.

Zena found that she could potentially make her back and neck condition worse and thought she could not carry on working unless suitable equipment was put in place in order for her to carry out her job effectively without jeopardising her health.

Failed Employment Tribunal

Zena eventually went through the Employment Tribunal pleading her case for constructive dismissal. Unfortunately, she was not successful in this claim as she was out of the limitation period.

Successful claim with Oakwood Solicitors Ltd

Zena enquired with Oakwood Solicitors in 2022, for the injury she has suffered.

She spoke with Karinel Ellazar a Paralegal in the Industrial Disease Team. Zena was concerned about pursuing her personal injury claim as she felt discouraged after being unsuccessful in her Tribunal claim previously. Karinel assured her that the circumstances in her claim, it is worth looking into and pursuing.

Zena was later examined by an Orthopaedic Expert who confirmed that she was working in an ergonomically unsuitable environment and that “the unsuitable work environment made her back condition worse by 50%”

Following Zena’s medical evidence, the claim later was settled by the Council’s solicitors. Zena was successfully awarded £15,000 in compensation for her injury.

Karinel Ellazer, Industrial Disease Paralegal at Oakwood Solicitors Ltd worked on the case. She said:

“It was a very successful outcome from a well-deserved Client who initially felt defeated after not succeeding in the Employment Tribunal for a separate matter against the Council.

“It shows that it is always worth enquiring about any injury to see if there is a probable chance of pursuing a claim. I had confidence in Zena’s claim, and I am so glad she entrusted us to give the claim another shot.”

Oakwood Solicitors’ client, Zena, added:

“I never once doubted their capabilities during the course of my claim, I was treated with the utmost respect throughout.

“I never felt under pressure, nor did I have to call/email contact them in any way at any time for updates as this was all relayed to me in an appropriate timescale.

“Karinel and Natasha are truly two people who made an enormous impact on my trust in the legal system and their ability to get justice for me was exceptional.

“The whole process of my claim was handled incredibly well, and I cannot thank them enough.”

Why should I use Oakwood Solicitors Ltd?

Oakwood Solicitors Ltd strives to secure compensation for clients who have suffered injuries at work through no fault of their own. Oakwood Solicitors Ltd agrees to work on your Industrial Disease claim on a ‘no-win, no-fee’ basis.

If your claim is unsuccessful, you will not be expected to pay us a penny. If you are successful in your claim, we take a percentage of the compensation meaning that the only time we will receive money is if we have brought your claim to a fruitful conclusion.

You will have a dedicated advisor who will see your claim through from start to finish, assisting you in the event of any queries or issues you may have. If it is preferable to you, we can assign a female advisor to carry out your claim.

Your case handler will also continue to provide regular updates until the conclusion of your claim, ensuring the process is as stress-free and effortless as possible.

Rotherham Council worker Wins £15,000 compensation after work conditions cause serious back injury