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Injured upholstery worker wins significant compensation

An injured upholstery worker was awarded significant compensation after suffering a shoulder injury.

Stephen Bradley-Watson, one of our specialist personal injury solicitors, handled a case for a client who suffered with a shoulder injury after a long career working for a furniture manufacturer. The client has kindly agreed that we can share details of his case but prefers not to be named.

The case

Mr L came to us in April 2018 looking for answers. He’d had surgery in November 2017 to repair a torn rotator cuff, an injury he believed was caused by 40 years of repetitively cutting fabric (The rotator cuff is a group of muscles that keeps the arm in the shoulder socket).

He was a hard worker who rarely took time off and used his knowledge and experience to train new starters.

When the business went through a restructure, Mr L’s job was made redundant. He was offered an alternative role but was unable to accept because of his shoulder injury, instead, he took redundancy. But for the shoulder injury, he would have accepted the offer and carried on working until his planned retirement at the age of 70.

How we helped

We arranged for Mr L to see several medical experts, including a specialist in upper limb workplace injuries. With these expert reports, we were then able to enter negotiations with the employer’s insurance company.

The employer denied responsibility for the injury so there followed months of exchanging evidence and statements.

Unable to reach a satisfactory agreement on the amount of compensation, a court hearing was scheduled.

Bob Allen, one of our specialist medical negligence solicitors also became involved in the case. As an expert in calculating losses, Bob drew up a schedule of loss which was put to the insurers – it was then up to them to either accept these or negotiate.

The first offer they made was rejected as it was far too low. Mr L had spent hundreds of pounds in travel expenses alone, then there were past and future losses to take into consideration, so we went back with a counteroffer.

Typically, the insurers embarked on delaying tactics, which caused further distress to the client. But we held firm and eventually, an out of court settlement was agreed, which the client was delighted with.

After the case, Mr L wrote to us saying: “I would like to send my thanks and appreciation to everyone for the hard work and commitment shown to me over the last 3 ½ years of my claim.

“Covid restrictions made working life and communication more difficult, but your support and guidance and belief in me brought my case to a winning conclusion.

“My special thanks to Stephen Bradley-Watson and his team for the success of my case.”

He added: “I had confidence right from the start with everyone I met and talked with by phone.”

Asked how he found out about Atherton Godfrey, he said: “I Googled solicitors in Doncaster, walked into the office and made an appointment straight away.”

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