ASDA Employee Receives £14,600 Following Two Separate Accidents At Work

Oakwood Solicitors has obtained £14,600 for a client who sustained two accidents at work whilst working for ASDA.

Accident One

During the first incident, the Claimant was working in the store’s warehouse when she noticed that a colleague had left some large storage boxes directly in the walkway. The Claimant attempted to move these to a safer location by pushing them but, when doing so, the top box slid off the top, causing the Claimant to fall over the bottom box and fracture her right dominant arm.

As a result, the Claimant required surgery and metalwork in her arm, which left her with a scar. Due to the injury, the Claimant required time off work and a substantial amount of care from her husband with household chores, gardening, shopping, transport and self-care.

Oakwood Solicitors submitted a claim on behalf of the Claimant and initially liability was denied by the Defendant’s insurers on the basis that the Claimant should have picked up the boxes individually. However, Oakwood Solicitors argued that insufficient training had been supplied to the Claimant as, although she had worked for ASDA for a number of years, she had only recently changed roles from an office based job to working in the company’s warehouse.

It was also argued that, had the Claimant’s colleague not placed the boxes in the walkway, then the accident could have been prevented in its entirety.  A second denial of liability then followed with the Defendant’s insurers arguing that ASDA had supplied general manual handling training and that she could have asked a colleague for assistance as the Claimant was not expected to put herself in danger in any situation.

Liability was subsequently agreed on a 50/50 basis. The Defendants initially offered £9000 but, after negotiations, Oakwood Solicitors secured £10,000 for the Claimant (gross of the liability agreement), with the claim resolving within 11 months.

Accident Two

During the second incident, the Claimant had been sent to collect a wheelie bin from the warehouse. When doing so, the Claimant heard a forklift truck driver sound a horn from behind a curtain.

However, the Claimant was unable to move out of the way quick enough and she was subsequently hit by the driver and was pulled several feet across the floor before the driver realised that the Claimant had been hit. The Claimant suffered psychologically as a result and also sustained injuries to her knees and feet.

Oakwood Solicitors submitted a claim on behalf of the Claimant against ASDA on the basis that their employee had driven the forklift truck dangerously and that ASDA failed to separate the routes for vehicles and pedestrians.

Liability was agreed in the first instance and the Defendants initially offered £4100. However, following negotiations, the Claimant subsequently received £4600 for her injuries, only 10 months after the claim was instigated.

Response From The Claimant

The Claimant was delighted with the outcome in her personal injury claims, stating that:

“Oakwood Solicitors [were] amazing, they say angels come in all shapes and sizes and Alex Singleton has been mine over the last few months. I couldn’t have gone through it without her. She guided me step by step. I wasn’t going to proceed [but] it’s because of her help I managed it. Thanks for everything you have done for me Alex”.

Conclusion

The above cases demonstrate how a legal representative can ensure that you receive the best outcome in your claim for compensation, overturning a denial of liability where possible, and maximising the amount you are awarded by taking into account any financial losses you have incurred.

Further reading

For further information about accident at work and your rights, visit the FAQ here on our website.

General information and advice about employee rights can be found on the ACAS website.

WHAT TO DO NEXT

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