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Home > Compensation for Physical Injuries
Elbow Injury Compensation Claim
Elbow Damages Claim
Lee Ripley V Grays Newsagents (2004)
Employer Negligence Claim
The claimant, a 36-year-old man, received £6,554 for the elbow injury sustained in an accident at work in February 2000. The claimant suffered from a displaced fracture of the radial head of his left elbow.
Claimant: Male: 33 years old at date of accident; 36 years old at date of award.
Employers' Liability: On 1 February 2000, the claimant was unloading bundles of newspapers from a van during the course of his employment with the defendant. Upon lifting one of the bundles of newspapers, the weight caused the claimant to lose his balance, fall out of the rear of the van and land on his left elbow.
The claimant sustained injury and brought an action against the defendant alleging that it was negligent in its health and safety duties towards its employees, which caused the accident.
Liability admitted.
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Out Of Work Claim
Injuries: The claimant suffered a displaced fracture of the radial head of his left elbow in the accident.
Effects: The claimant was absent from work for eight weeks and then he returned to light duties after four weeks. Due to the heavy lifting involved, he continued to have symptoms that affected his work for six to eight months. He was subsequently conscious of avoiding the use of his left arm to lift items.
Prognosis: The claimant suffered from residual symptoms which were permanent, but only of a nuisance value.
Court Award: £6,554 total damages. Breakdown of General Damages: Pain, suffering and loss of amenity: £6,500. Special Damages: £54.
Court Award: £6,554 total damages. Breakdown of General Damages: Pain, suffering and loss of amenity: £6,500. Special Damages: £54.
York County Court (HHJ Cliffe) 15/3/2004
LTLPI 14/4/2004 (Unreported elsewhere)
Document No.: AM0200587
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