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  • Delivery Driver Forced to Retire Wins Compensation for Shoulder Injury

    30th April 2014

    A delivery driver who was forced to retire as a result of injuries he sustained when he slipped as he loaded his lorry in icy conditions has won compensation from his former employer.

    Roy Gardiner worked for Stonegate Farmers, transporting egg products in all weathers. On two occasions, he slipped on the icy tailgate of his vehicle whilst loading it with pallets. The first fall weakened his shoulder but was not serious enough to prevent him from working. In the second fall, he suffered a torn rotator cuff and had to undergo surgery followed by months of extensive physiotherapy.

    Mr Gardiner's injury left him with only 50 per cent use of his shoulder and, after forty years' service with Stonegate, he had no option but to retire.

    As his former employer had repeatedly failed to take steps to minimise the risk of such accidents by providing him with a supply of salt to melt any ice that formed on the tailgate of his lorry, Mr Gardiner decided to bring a personal injury claim against the company for breach of its health and safety obligations.

    Initially, Stonegate denied liability, claiming that Mr Gardiner's inability to continue working was caused by a pre-existing shoulder injury. He persevered with his claim, however, and the matter was settled out of court.

    If you suffer from an injury brought on by poor workplace practices and would like to discuss your case, contact Rachel Fereday, Partner and solicitor at Awdry Bailey and Douglas on 01380 722311, or email rachel.fereday@awdrys.co.uk.

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