Thompsons NI secures compensation for retail delivery driver

Thompsons NI's expert personal injury solicitors have secured a court award for a retail employee injured in an accident at work.

Accident at work

Our client was employed as a home delivery driver with Tesco. He injured his back when the shutter on the side of his delivery van jammed as he was closing it.

The case against the employer

Our specialist solicitors pursued a claim against Tesco Stores Ltd.

Liability was denied by Tesco. They accepted that the shutter door was defective but were of the view that they were not responsible for their employee's injury as he had a duty to inspect the van before he started on his delivery round. They alleged that he had failed to carry out these checks either adequately or at all and was therefore wholly responsible for his injuries.

Court hearing

Court proceedings were issued on behalf of our client and his case proceeded to hearing with no offers of compensation being made.  

Despite the coronavirus restrictions, the case was able to be heard in court, with social distancing and other safeguards in place. Evidence was heard from the injured party, his colleague, and a manager from Tesco. Having heard the evidence the judge was satisfied that the defendant was primarily responsible as the shutter was defective and there was a breach of the statutory regulations. He did make a finding that the injured party was 10% responsible as he had continued to attempt to close the shutter after it initially jammed.

Trade union support

As a member of the trade union, USDAW, our client was very grateful for the support and legal advice he received. “I was very worried about going up against a big corporation like Tesco. I thought I had no chance because they are such a large organisation. I was extremely impressed by the professionalism and knowledge of Thompsons NI and Clare Shevlin, my solicitor. I was kept in the loop at every stage of my case. I was delighted with the result and would fully recommend Thompsons NI solicitors.”

Have you been injured at work?

Thompsons NI is proud to stand up for anyone injured in a workplace accident and secure compensation in the shortest period of time. We’ve supported thousands of workers through personal injury claims and our team has decades of experience in providing professional legal advice and representation.

If you’ve had an accident at work, get in touch with Thompsons NI today.