subject: Injured Driver Wins 22,000 [print this page] A delivery driver has been awarded over 20,000 after he sustained a back injury while he was at work.
The man, who was then forced to leave his job, is now concerned that he will never be able to find any alternative forms of employment.
The 49-year-old driver from Sunderland is a member of the trade union, Unite and received a compensation claim of 22,000 following the accident while working for a company.
The incident took place when the man was delivering newspapers and leaflets in Northumberland in February 2007.
The man had to take eight months off from work, before he was forced to leave the company. He is looking for alternative work but is limited in the type of job he can do.
No way to work
Prior to this, the injured man used to run a pottery business but can no longer return to that type of work.
On the day of the incident, whilst the man was driving, the load moved around blocking the side door with pallets of newspapers and leaflets. He went into the back of the van to sort the problem but the pallets hadn't been loaded in delivery order meaning he had to move them around. The small space and at awkward position meant that he sustained a personal injury to his back.
He suffered injuries to his cervical spine which affected his upper back and right arm and shoulder. He has been warned to avoid lifting.
Although the driver had pre-existing problems with his spine, this did not cause him to be affected by any symptoms before. The accident brought on the appearance of the symptoms by five to ten years.
Following the accident he contacted his union, Unite, which instructed personal injury lawyers from a legal firm, to represent the man in the case.
Employers admit liability
The legal firm was successful in settling the claim out of court after the man's employer admitted liability.
The man said: "The union had complained about the way the vans were packed for some time. When my accident happened I decided to claim compensation because I thought it might make my employer sit up and take notice of our complaints.
He added: "I understand that the problem has now been solved. Unfortunately it's too late for me."
Davey Hall the regional secretary at Unite added: "The man is now looking for alternative work in what is a difficult climate for job hunters, particularly for those who are limited in the type of work they can undertake. Hopefully this compensation will give him some breathing space until he is able to find appropriate work."
Nicola Waugh from the legal firm, added: "This injury could have been avoided had Johnston Press had a system in place to make sure loads were secure to stop them moving around in transit.
"The man's damages reflect the loss of earnings he suffered while off work and also includes an element of continued loss of earnings in the future until he is able to find a new job."