WRULD DB-Defendant: Shropshire Career Service

Case Date Court Claimant Task Injury Judgment for
Lacey - v - Shropshire Career Service 16 Jan 2003 Stoke County Lacey DSE use: word processing WRULD Claimant

This case summary is published with the kind permission of Lawtel (www.lawtel.com). Lawtel subscribers can access the full report at www.lawtel.com or for a free trial of the service click here.

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.

V1.01


Add a new case report


Summary by Claimant

Summary by Defendant | Summary by date of Judgment

Last updated: 16/10/2009