Sarah was fetching meal ingredients whilst at work for the catering company that employed her. At this time, a colleague was placing trays into a trolley which caused it to move slightly, activating the sensor to the door of a nearby chill room. As the door opened, it struck Sarah’s foot.
The door injured two of Sarah’s toes
Sarah contacted Paschal O’Hare Solicitors in order to pursue a work accident claim. We contacted the catering company on her behalf, however they denied liability for the accident. Subsequently, we issued legal proceedings.
A joint inspection was carried out by consulting engineers retained on behalf of both sides. The report from the Sarah’s consulting engineer clearly indicated that the door arrangement was unsafe and that a safety rail should have been extended to cover the area where the sliding door opened into. This would have prevented the Sarah’s foot coming in contact with the moving door.
We obtained a report from a Consultant Orthopaedic Surgeon who diagnosed soft tissue injuries to Sarah’s toes. The initial report indicated that the symptoms should resolve in the coming weeks or months. However, as the weather became colder following the accident, our client noticed pain in her little toe which was only intensified by working in cold environments.
Sarah had to wear a single thermal sock in work
An updated report was obtained and this indicated that the symptoms had not resolved in the time frame noted. The matter was listed for hearing and duly settled in the sum of £6,250.
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