Teaching Assistant at local primary school receives £70,000 for back injuries following accident at work

A part-time Teaching Assistant at a local primary school was instructed to move heavy boxes overloaded with books from the staff room to a  resources room resulting in long term chronic back pain.

Mrs F’s Injuries

In October 2019, Mrs F, who worked at a local primary school, part time, as a Teaching / Resources Assistant, was told to move some plastic containers full of books, from the staff room to the resources room.  She was told that once she had moved those boxes, she should go to the library to move some further boxes.

The distance between the staff room and resources room was approximately 15-20 foot. Mrs F was told by her line manager that if the containers were too heavy to lift, then she should drag them along the floor.  The containers were too heavy to lift, and Mrs F proceeded to drag the boxes between the two rooms, one by one. When she reached the resources room, she had to move further heavy boxes from underneath a table, to on top of the table, to make room for the further containers.  Once Mrs F had moved those boxes, she went to the library to move the further boxes. She was aware of pain in her back but thought it was just stiff from where she had been crouched over dragging boxes and under the desk. As she went to move a box in the library, she had a sharp pain in her back but it was time for her to finish work.

Following work, she had to take her car for its MOT and on arrival at the garage, she alighted from her car and, as she went to step inside the office of the garage, she had intense pain in her lower back and was unable to move.

The Settlement

Following submission of the claim to the Defendant’s insurers, liability for Mrs F’s accident was admitted.

Mrs F was away from work following the accident until she discharged on medical grounds.

Orthopaedic evidence was obtained, which confirmed that whilst Mrs F had sustained a short-lived soft tissue injury to the neck and a soft tissue injury to the lumbar spine, she had developed a symptoms of chronic pain and referral to a pain management consultant was necessary.

Mrs F was examined by a pain consultant who recommended attendance on a 3-week residential pain management course. He stated that she had been significantly undertreated for her symptoms of chronic pain, mostly due to delays caused by the Covid 19 pandemic.  The cost of residential programmed were claimed as part of Mrs F’s financial losses.

 Mrs F’s claim comprised of damages for her injuries, past and future loss of earnings, care and treatment costs.  Also included in the claim was loss of congenial employment.  Prior to the accident, Mrs F had thoroughly enjoyed her job as a teaching assistant and had it not been for the accident, would have continued in this role.  Loss of congenial employment compensates an individual for loss of job satisfaction.