A woman who claimed that she developed bilateral carpal tunnel syndrome (CTS) as a result of her job as a warehouse based cosmetics stock line picker has won her legal battle for compensation.
Janet Warner claimed that she had suffered as a result of the work, which was undertaken between 2004 and 2010. But the Defendant’s said the job had not historically resulted in any type of injury and that no form of risk assessment was needed because the work was so stress-free.
In a lengthy Judgment, HH Judge Pugsley stated: “At the risk of being accused of reinventing the wheel I consider it is appropriate to restate the fundamental principle of the law of negligence. A claimant has to prove his or her case on the balance of probabilities. Once a claimant has discharged that burden there is no discount for the finding that a judge decided the case on a balance of probabilities rather than being 100% certain that the claimant’s case was proved. There is therefore a difference of approach between that of the courts and a medical practitioner. For a medical practitioner it may be vital to determine the precise cause of a medical condition. For the court it suffices to prove that on the balance of probabilities a Claimant can identify a cause of the medical condition. The law treats that which is probable as certain.”
HH Judge Pugsley found that, had a risk assessment taken place the problem would have been corrected before it got out of hand. He concluded that the company was guilty of several breaches of statutory duty and was satisfied that those breaches, or indeed a combination of them contributed to the claimant’s condition.
If you have a developed a repetitive strain injury as a result of your work then you may be entitled to make a claim for compensation. To discuss your legal options, give us a call on 0800 028 2060 or visit our dedicated website www.repetitive-straininjury.co.uk.