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10th August 2009

Faulty bath injures care assistant

Faulty Work Equipment caused injury

Faulty work equipment forced a care assistant to take sick leave for three months after she suffered from whiplash injuries.

The GMB member had to undergo intensive physiotherapy following the accident at a day centre in Leeds.

Run by Leeds City Council, the day centre is used by Alzheimers and Dementia sufferers.

On the day of the accident she was bathing a patient using a bath seat, which is similar to a toilet seat with a handle to move it up and down.

Jolt resulted in Whiplash Injuries

As she was moving the seat up to help the service user get out of the bath, the seat caught on a broken bath panel causing a sudden jolt resulting in whiplash injuries.

At first she thought she might have pulled a muscle and continued work, but the next day she was in severe pain. She had to take the next 12 weeks off work.

Following the accident she contacted her union, the GMB, which instructed Thompsons Solicitors to pursue a claim for accident compensation.

Leeds City Council admitted liability and settled the claim out of court for £4,000.

The council has also changed the type of baths used at the day centre.

She said: “I’m glad I decided to claim compensation because it forced the council to replace the old baths with newer versions. The equipment we were using was extremely old and it was only a matter of time before something like this happened.

“I was annoyed that I had to take so much time off work. My neck was in agony, but after months of physio I was able to return to work.”

Employers should provide safe work equipment

Tim Roache from the GMB said: “We are pleased our free legal service for members has helped this member in her compensation claim. It should never have taken legal action for the council to make sure its working equipment was safe for its employees.”

Kevin Hughes from Thompsons Solicitors, added: “Though the mechanism of injury sounds innocuous enough what our client suffered was the sort of injury you would expect from a car accident. If the day care centre had kept its equipment in good repair and in safe working order this accident would not have happened.”

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If you or anyone you know has suffered an injury, illness or disease at work, telephone us now for accurate claim advice.

There are strict time limits in place to make any personal injury claim. For further information, contact us or visit our Questions Answered page.

Thompsons Solicitors are experts in all personal injury matters. We will be able to advise you whether or not you have a valid claim for compensation. Our specialist personal injury lawyers will be happy to talk you through the process of making a claim in plain English and will be happy to answer any questions or queries you may have. If you do have a valid personal injury compensation claim and you decide to instruct Thompsons Solicitors to deal with the matter for you, we will recover our legal fees from the person responsible for your injury, ensuring that the entire procedure is cost-free for you. Telephone us now on 08000 224 224 or complete one of our online personal injury compensation claim forms.

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