PO worker awarded £100,000 after 2 knee injuries in 4 years

[TrueBlueTerrier]

Post office worker awarded £100,000 after 2 knee injuries in 4 years http://www.simpsonmillar.co.uk/news/new ... ewsid=1229" onclick="window.open(this.href);return false;


The case of a post office worker who suffered 2 separate yet similar accidents at work has highlighted how employers must take care when considering the positions of claimants after work-related injuries.

Mr X, sustained an injury to his right knee in July 2003, re-injuring the same knee in April 2007. Supported by evidence from a manager witness, his Royal Mail employer stated that Mr X, then 59, could work on light duties full-time after the accident, with his position available until retirement age.



With supporting medical evidence, Mr X's first compensation claim of £20,000 was settled. However, in 2007 he injured the same knee for a second time. This led to Mr X undergoing a total knee replacement - a procedure he required anyway as a result of the first accident.

The medical evidence was that the claimant could still carry out his pre-accident duties with Royal Mail, even with the knee replacement.

Two weeks after the second accident, however, Mr X was referred to Atos Healthcare. The advisory body immediately raised the question of ill-health retirement, which the claimant did not want. Since this was the preferred approach of Royal Mail, Mr X was retired in September 2007.

During the second claim's proceedings, the witness asserted that, even if the 2007 accident had not occurred, the claimant would have been retired from Royal Mail due to ill-health (his knee replacement being the key factor) within 6-9 months anyway - a stark contrast to the same manager's evidence in the earlier case, which favoured Mr X continuing to work on light duties until 65.

In respect of the second claim, Royal Mail first offered £5,000. This they increased to £20,000, then £30,000, with a final offer of £37,500. With Mr X rejecting all offers, the case proceeded to an assessment of damages hearing in Slough County Court on 18 July 2011.

Here the Judge had to decide if the 2007 accident, the further injuries and the time off work gave cause for the claimant to be retired from Royal Mail on the grounds of ill-health.

The Judge accepted the manager's testimony from the first case and not the second, rejecting Royal Mail's argument that Mr X would have been retired in any event within 6-9 months - a condition supported neither by medical evidence nor by the evidence of the manager when Mr X made his first claim.

In light of the Judge's findings, Mr X was awarded full loss of earnings until his 65th birthday - a sum of £99,348 - together with £2,500 for his new injuries plus modest interest. His gross final settlement was £101,900.

Gary Tierney, a Partner in the Wimbledon Personal Injury Team of Simpson Millar LLP, acted for the Claimant. "This case shows how careful an employer needs to be when considering a claimant's employment position after an injury has been sustained in an accident," he commented.

"Employers also have to be aware of the implications of retiring someone on the grounds of ill-health if that person will struggle to get another job."

[MinisterofCucumber]

As a lot of members don't bother reading the Voice, the Union should write to every single member informing them of this victory. This is the sort of support the members expect from the Union. A booklet detailing case wins and a step by step guide to how to access legal representation through the Union would help us win hearts and minds.

[demon]

how did he do his injurys

[TrueBlueTerrier]

LoL £100K for a poxy knee injury!Fair play to him jammy git and right before retirement,well planned:-p

Ummmmmmm No - He got it because RM dismissed him unfairly. The damage to his knees would not have affected the payout at all.

[Stormproof]

Well done Simpson Miller. Even if you don't like the Union hierarchy think of your membership as an insurance policy.

[stokes11eg]

Well done Simpson Miller. Even if you don't like the Union hierarchy think of your membership as an insurance policy.

Good for thid chap. He is fifty nine, and getting other work will be nearly impossible. Still wished I had had the gumption to sue when I suffered injuries!

[daveyeff]

Well done Simpson Miller. Even if you don't like the Union hierarchy think of your membership as an insurance policy.

Good for thid chap. He is fifty nine, and getting other work will be nearly impossible. Still wished I had had the gumption to sue when I suffered injuries!

got my claim in,,,, getting a total knee replacement in two weeks,,,consultant says its grade 4 osteo arthritis caused by carrying heavy bags uphill for years. but i cant see me getting anywhere near that. any amount would be a bonus, but basically the job has fekt me knee.

[Stormproof]

Well done Simpson Miller. Even if you don't like the Union hierarchy think of your membership as an insurance policy.

Good for thid chap. He is fifty nine, and getting other work will be nearly impossible. Still wished I had had the gumption to sue when I suffered injuries!

got my claim in,,,, getting a total knee replacement in two weeks,,,consultant says its grade 4 osteo arthritis caused by carrying heavy bags uphill for years. but i cant see me getting anywhere near that. any amount would be a bonus, but basically the job has fekt me knee.

Got my claim in aswell. Nearly 3 years since the AOD, loads of physio, operation & accupuncture its still not fixed.

[daveyeff]

Well done Simpson Miller. Even if you don't like the Union hierarchy think of your membership as an insurance policy.

Good for thid chap. He is fifty nine, and getting other work will be nearly impossible. Still wished I had had the gumption to sue when I suffered injuries!

got my claim in,,,, getting a total knee replacement in two weeks,,,consultant says its grade 4 osteo arthritis caused by carrying heavy bags uphill for years. but i cant see me getting anywhere near that. any amount would be a bonus, but basically the job has fekt me knee.

Got my claim in aswell. Nearly 3 years since the AOD, loads of physio, operation & accupuncture its still not fixed.

hope you get a result mate, i know exactly what you are going through. if it had not been for the lwt coming in and taking the weight off the shoulder, they were going to peddle me on ihr. just hope i can get a good result, then evr.

[Straight4ward]

£100,000 compensation for the loss of 6 years salary?

That only equates to roughly £16,700 per year. Not great is it?
Throw in a buggered knee and I don't think he's come out of it particularly well.

[daveyeff]

£100,000 compensation for the loss of 6 years salary?

That only equates to roughly £16,700 per year. Not great is it?
Throw in a buggered knee and I don't he's come out of it particularly well.

agreed, but he may have been p/t. but its lot better than the 37.500 them c**** were offering him, and a a damn sight better than a poke in the eye.

[wandle]

LoL £100K for a poxy knee injury!Fair play to him jammy git and right before retirement,well planned:-p

I hope that was a tongue-in-cheek comment and not a jealous person showing a lack of understanding.
Do you seriously think any potential future employer is going to offer him a job when told the reason he left his last job was 'retired on the grounds of ill-health' ? It's tough enough for someone ages 59 or over - even if you're reasonably fit - to get an interview, let alone a job offer in those circumstances. That £100k may have to last him years, or at the least until his State pension starts

[stokes11eg]

LoL £100K for a poxy knee injury!Fair play to him jammy git and right before retirement,well planned:-p

I hope that was a tongue-in-cheek comment and not a jealous person showing a lack of understanding.
Do you seriously think any potential future employer is going to offer him a job when told the reason he left his last job was 'retired on the grounds of ill-health' ? It's tough enough for someone ages 59 or over - even if you're reasonably fit - to get an interview, let alone a job offer in those circumstances. That £100k may have to last him years, or at the least until his State pension starts

Yes, this is the case. He will need to use most of it up before getting full benefits etc, and again, he will be alnost unemployable.