We advised an experienced care worker who was working in a service user’s home assisting her having a bath. During this task the care worker sustained an injury to her left shoulder causing a supraspinatus rotator cuff tear. We instructed an expert in nursing and obtained pre action disclosure from the defendant which showed that the defendant’s risk assessments were insufficient. Despite early indications that liability would be strongly contested, once we obtained the disclosure and served the nursing report, the defendant finally admitted liability allowing us to secure an interim payment for the client.
The client was able to mitigate her loss by finding less well paid work as a school caretaker.
After exchange of medical reports in the case we were instrumental in obtaining settlement for our client who received £65,000 damages.