How Many Times Does a Fault Need to be Reported?

[POSTMAN]

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A 40 year-old Preston postal worker was injured due to a faulty van door, despite reports of the same fault being made several times before the accident.

Carrying out his normal postal duties on the day of the accident in July 2012, the worker opened the rear door of his Royal Mail van. As he did so the door jammed, causing him to hurt his right shoulder.

When he later attended Royal Preston Hospital, he was found to have sustained ligament damage to his shoulder.

Management knew 3 Months Before
It transpired the fault with the van door had first been reported to management and logged almost 3 months before the incident. In April, a manager photographed the defective door and assured workers it would be investigated, but no remedial action was ever taken to fix the fault.

The same fault was reported on several more occasions, which resulted in further notes in the log book but still no action. However, following our client's accident the matter was immediately investigated and the van door was replaced.

Employer at Fault
On the instructions of the postman's union, the CWU, we wrote to Royal Mail in relation to what was clearly an employers' liability incident. We alleged that Royal Mail were responsible due to their failure to provide and maintain suitable equipment and a safe place of work, while exposing our client to a foreseeable risk of injury.

Simpson Millar LLP's Misty Cawley said: "This was a case where an employer failed to take action despite numerous complaints about a defect. Employees, including our client, had followed procedure in making the complaints, but the company did not act."

"[The case] demonstrates the importance of notifying employers of any hazard or defect encountered at work. Not only can this prevent someone else being affected by the problem, but it can also help when someone is injured in similar circumstances."

"Once we had arranged for the worker to be examined by a medical expert who considered his injuries and prognosis, compensation was awarded at £3,850."

Top Tips to Take Away:
•It's crucial to tell your employer about ANY hazard, defect or problem you notice at work
•If you think you've not been heard, keep trying – it could prevent a serious accident
•Your claim could have a lasting legacy, in assuring this type of injury never happens again