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Man makes successful claim for fibular work injury

01st November 2013

He had been working as a maintenance manager for a manufacturer of pipes and other fittings when the incident occurred.

While walking on uneven ground near the company’s premises, he fractured his fibular – the smaller bone of the two which are located in the calf.

After being off work for eight weeks to recover from the injury following medical treatment, he resumed his job but found that he could not perform these tasks as well as before due to mobility difficulties.

This prompted him to stop work again and receive further professional medical advice. He was diagnosed with damaged tendons and tarsal tendon syndrome, which had been caused by the initial injury.

He has since had an operation to rectify these issues but has not yet been able to return to work.

Lord Kinclaven, a judge at the Supreme Courts of Scotland, who presided over the case, stated that in his opinion the company would not have allowed the man to walk along uneven ground if it had been “exercising reasonable care”.

He added, “In my view, the defenders were in breach of their common law duties owed to the pursuer and the pursuer suffered loss, injury and damage as a result.

“That is sufficient to decide this case in the pursuer’s favour.”

The man will receive £14,667 in work injury compensation.

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