| Claimant |
Alison Lacey |
|---|
| Job title |
Typist (part time) |
|---|
| Job description |
Part-time DSE use: word processing |
| Injury |
Pain in right hand and wrist |
| Defendant |
Shropshire Career Service |
|---|
| Court |
Stoke on Trent County |
|---|
| Case No. |
S0009308 |
|---|
| Date |
16 Jan 03 |
|---|
| Judge(s) |
Judge Leonard Krikler |
|---|
|
| All
Claimants |
Alison Lacey |
|---|
| Solicitor |
Thompsons |
|---|
| Counsel |
Mr Mark Radburn |
|---|
| Non-Medical expert(s) |
|
|---|
| Medical expert(s) |
Dr Robin Butler, Rheumatology (Joint instruction)
Mr I Bhoora, Orthopaedic Surgery |
|---|
|
| Solicitor |
Beachcroft Wansbroughs |
|---|
| Counsel |
Mr Charles Feeney |
|---|
| Non-Medical expert(s) |
|
|---|
| Medical expert(s) |
Mr Michael A Morris, Orthopaedic Surgery
Dr Robin Butler, Rheumatology (Joint instruction) |
|---|
|
| Judgment for: |
Claimant |
|---|
| Injury found: |
Yes |
|---|
| Work related: |
Yes |
|---|
| Breach of Statutory Duty: |
Yes |
|---|
| Defendant negligent: |
Yes |
|---|
|
| General: |
£7,000.00 |
|---|
| Special: |
£3,078.00 |
|---|
| Other: |
£2,289.80 |
|---|
| TOTAL: |
£12,367.80 |
|---|
|
| |
Breach of Health & Safety (Display Screen Equipment) Regulations with respect to inadequate workstation. |
|---|
|
| |
|
|---|
|
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| The claimant, a woman, was awarded £12,367.80 for the
repetitive strain injuries sustained during the course of her employment as a part-time
typist between 1997 and 1998. The claimant suffered from pain in her right wrist and
hands. |
| |
Employers’ Liability: Between 1997 to 1998, the
claimant was employed by the defendant as a part-time typist working for three full
days one week and two full days the next. The claimant worked for long periods carrying
out fast, repetitive keyboard work.
The claimant sustained injury and brought an
action against the defendant alleging that it was negligent in its health and safety
duties and/or in breach of its statutory duty in failing to operate a safe system of
working and provide an adequate work station as the chair provided was
non-adjustable.
Liability disputed. The defendants submitted that they had told
the claimant to slow down and to take breaks. In respect of the work station situation,
the defendant argued that they had not received any formal complaint and an adjustable
chair had been provided.
At trial, it was held that the defendant was in breach
of its statutory duty as the work station was inadequate and there was a causal
connection between the unsatisfactory work station and the claimant's symptoms.
Furthermore, the defendant's attempt to remedy the workstation deficiencies by
providing an adjustable chair occurred after the claimant had suffered the pain. |
| |
| Injuries: |
The claimant suffered from a repetitive strain injury during the
course of her employment. |
| Effects: |
The claimant experienced symptoms of pain in her right wrist from
August 1997 which was exacerbated by the amount of work she undertook. The pain
decreased when she stopped working and by June 1998, the claimant was unable to carry
on working as a typist due to the pain. The claimant also could not continue with her
hobbies of playing squash and sewing. |
| Court Award: £12,367.80 total damages. |
|