WRULD DB-Defendant: Ross Youngs Ltd

Case	Date	Court	Claimant	Task	Injury	Judgment for
Adamson - v - Ross Youngs Limited	19 May 1998	Central London County	Adamson	Making sandwiches	Repetitive Strain Injury	Plaintiff

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The claimant, a 35-year-old woman, was awarded £12,642.03 for the repetitive strain injury sustained during the course of her employment during 1993. The claimant suffered from ongoing pain in her right wrist and forearm.
Claimant: Female: Between 29 and 31 years old at date of accident; 35 years old at date of court award.
Employers' Liability: Between 1992 and 1994, the claimant was employed by the defendant as a sandwich maker. The various tasks performed such as scooping, spreading with the knife and cutting were extremely repetitive and had to be carried out quickly and with manual dexterity from a standing position due to a fast moving conveyor belt. No formal job rotation scheme had been put in place by the defendant. The claimant sustained injury and brought an action against the defendant alleging that it was negligent in its health and safety duties and/or in breach of its statutory duty in failing to: (i) put in place a sufficient or effective job rotation scheme; and (ii) take proper care that the claimant's rehabilitation program was properly implemented. Liability disputed. The defendant submitted that: (i) the claimant's symptoms related to an isolated accident on 11 July 1993 when the claimant lifted a butter tray back on to the conveyer and sprained her wrist; (ii) the claimant exaggerated her symptoms; and (iii) the claimant was guilty of contributory negligence by failing to report the pain immediately. At trial, the judge held that: (i) it was the claimant's prolonged exposure to repetitive tasks which caused the claimant's repetitive strain injury (RSI) symptoms; (ii) the incident with the butter tray amounted to no more than an aggravation of a pre-existing injury, which would have developed in the manner it did, irrespective of such events; (iii) the defendant failed to put in place an effective job rotation scheme; (iv) the defendant failed to comply with the terms of the claimant's rehabilitation program by putting the claimant on a high risk task; and (v) the claimant was not guilty of any contributory negligence as she had reported her symptoms as soon as was reasonably practicable.
Injuries:	The claimant suffered from repetitive strain injuries during the course of her employment.
Effects:	On 8 July 1993, the claimant experienced pain from the back of her right wrist down towards her fingers after working on a cutting task for one-and-a half hours. She subsequently experienced a constant ache in her right wrist. On 11 July 1993, the claimant lifted the butter tray with two hands back on to the conveyor and in so doing, felt a sharp pain in her right wrist. The claimant could not see the nurse as the nurse was not on duty that day. On 13 July 1993, the claimant reported to the nurse who diagnosed early signs of RSI. The claimant was put on a weekly rehabilitation program, advised about rest and was given ice, paracetamol, gel and a double tubigrip to the right wrist. She was initially put on low risk work but was moved to high risk work, despite complaints to management, after a few days. On 21 July 1993, the claimant's wrist became swollen and painful after carrying out a high risk task during the previous few days. As a consequence of her injuries, the claimant never worked for the defendant again. The claimant's employment was formally terminated on medical grounds on 26 January 1994. Prognosis: The claimant's symptoms were expected to continue for some years before resolving completely.
Court Award: £12,642.03 total damages.

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Last updated: 16/10/2009