Our client was employed in a physically demanding role within a fish factory. His daily duties involved handling live fish.
This required repetitive upper-body movements and regular lifting. The fish were ordinarily maintained at low temperatures to keep them calm. During one shift, the fish were maintained at higher temperatures, making them livelier. Our client handled one fish which thrashed violently, and he sustained a sudden rotator cuff injury to his shoulder. He required surgery and this prevented him from working which resulted in a loss of earnings.
The employer initially made an offer of £18,500 to settle the case. However, we were not satisfied that this reflected the full impact of the injury or the financial losses that followed.
How we helped our client
A key issue in the case was whether the injury directly caused the time off work and resulting wage loss. The employer questioned whether the absence was truly linked to the accident.
To address this, we obtained an independent orthopaedic report. This assessment provided clear, authoritative evidence confirming:
- the nature of the injury
- the expected recovery pattern, and
- that the injury was fully consistent with the period of absence from work
Armed with this expert medical opinion, we carried out a thorough investigation into the casual connection between the workplace injury and the wage loss element of the claim. We gathered employment records, medical documentation, and treatment notes to present a complete and compelling picture of the impact the injury had on our client’s daily life and ability to work.
Settlement
After presenting this evidence to the employer, they reconsidered their original position. As a result, we successfully negotiated an increased settlement of £23,000 – a significant improvement on the first offer.
This outcome ensured our client received fair compensation not on for their injuries, but also for the financial loss they suffered during their recovery.
