Leicester City Council was charged with neglecting the health and safety of its employees, which resulted in a serious back injury to a worker, even after such concerns had been brought to its notice by the staff. The council accepted liability and agreed to pay damages to the injured worker in an out of court settlement.
The accident occurred in October 2007 when Sharon Kerry, the hostel duty officer for the council, was placing some money inside a safe. This safe was positioned on the floor and users had to either bend down or kneel to access it. Employees had already requested the council to relocate or reposition the safe as it was causing great strain to their backs.
However, the council had failed to act on the issue.
Use of the safe in this position led to worsening of back problems for Kerry. Kerry had already been suffering from back problems that would have taken 2-3 years to develop had the accident not occurred.
After the accident, Kerry contacted her union, the GMB, which asked Thompsons Solicitors to act upon the case. However, the council accepted liability for Kerry’s injury and agreed to pay her a compensation of 10,250 pounds in an out of court settlement.
Andy Worth of the GMB said the position of the safe should have been assessed for risk and that measures should have been taken in accordance with the findings. He added that the council should have acted upon the complaints of the employees and moved the safe to a better location where they could use it without strain. He also revealed that the back damage to Kerry has been so severe that she may have to undergo surgery.
Laura Hadfield from Thompsons Solicitors voiced similar sentiments and said that employers should take care to prevent back injuries to workers since they can be caused in numerous ways and can disable one for life.
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