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Rutherfords wins another personal injury case at Trial

 

Rutherfords litigation partner Steve Wengraf acted for a client who is an employee of a large retailer driving for them as a Home Delivery Driver.

Unfortunately our client injured his back whilst carrying out that work and it was over a year until he was able to return to work and his back recovered.  Proceedings were commenced against his employers for breach of the Manual Handling Operations 1992. These are Regulations, which have been in force for 19 years, are there to protect employees when they are undertaking manual handling tasks.  The specific Regulation which this case dealt with was Regulation 4(1)(b) which states that the employer must make a suitable and sufficient assessment of all manual handling operations to be undertaken by an employee.

A letter of claim was sent to the employers but unfortunately they chose to deny liability, forcing the issue of proceedings which were eventually deal with at a trial at Worcester County Court on 23 September 2011.  Our client was successful in his trial with the Judge awarding him compensation from the defendant, together with the defendant paying his legal costs.  During the case an offer was made to the defendants to accept a figure (which they refused) which was slightly lower than the damages award made by the Court which entitled our client to obtain penalty interest on his damages.

We acted for our client on a no win, no fee basis (Conditional Fee) throughout and our client also had the benefit of an After the Event insurance policy (ATE Insurance) to insure him against losing.  If our client had been unsuccessful there would have been no cost to him whatsoever.

Rutherfords Solicitors act for many clients who have been injured.  We deal with all types of personal injury case including work accidents, road traffic accidents, public liability tripping accidents, accidents abroad and industrial disease, product liability and others.  Please contact Steve Wengraf, Rutherfords’ Litigation Partner, if you require any advice. Our first interview will be free and if we are able to assist we will be able to act on a no win no fee basis.

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