Delivery driver loses back injury claim

Posted: August 24, 2015

Posted in: Spine & Back Injuries Workplace Injuries 

A delivery driver who attempted to sue his employer following a fall has had his claim rejected. 43-year-old Adrian Punter had claimed £100,000 in damages against his former employer, Wincanton Group, after he slipped on chocolate sauce while making a delivery to a south London supermarket in 2010. He said that the fall left him in severe pain, to the extent that he would not be able to return to work.

Mr Punter’s barrister, Mark Chatterton, said that there had perhaps been a spillage in the lorry before delivery. Judge Alan Saggerson dismissed the claim at Central London Country Court, stating that the substance on which he slipped had most likely been brought into the van from outside during the delivery trip. He said that Mr Punter would have given the lorry a “once over” and would have realised if there was leaked chocolate sauce on the floor. Because he failed to notice any, suggests that there was no problem at this stage, leaving the depot unaccountable for his injury.

Pre-existing back injury

Mr Punter said that the back injury has left him not only with permanent pain, but also mental health issues over the stress of trying to secure benefit payments. The Judge, however, raised the point in court that Mr Punter already had a pre-existing back injury, which probably would have put an end to his career, which demands a certain level of physical strength, anyway.

If you have suffered an injury at work and are looking to claim compensation, please contact us. 

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