Summary:

A woman whose health deteriorated after changes to her workplace obtains a significant settlement for pain and suffering.

Case Details:

The woman, who was in her 50s, had worked for a retail business for over a decade. Her job involved stocking shelves and merchandising, which required lifting products to the top shelves. For many years, she had no issues performing her duties and maintained an active, healthy lifestyle.

However, the business was acquired by new owners, who undertook extensive renovations to the store. One of the major changes was increasing the height of the shelving, making it significantly harder for staff to reach and stock products. Following these renovations, the plaintiff began to experience difficulties performing her job.

Within a few years of the changes, the plaintiff developed severe repetitive strain injuries, particularly in her shoulders and back. Eventually, she required back surgery to address the damage caused by the increased physical strain. Unfortunately, the initial surgery was unsuccessful, leaving her in chronic pain. In addition to her physical suffering, the prescribed pain medication caused digestive issues, and the ongoing discomfort led to significant changes in her personality and demeanour.

Before the injuries, the plaintiff was fit and energetic. She took long walks with her dog daily. After the injuries, she could no longer walk for more than 20 minutes without experiencing back spasms. She and her husband had enjoyed frequent weekend road trips and long drives, but her inability to sit for extended periods due to her back pain ended these activities.

The pain and resulting lifestyle changes took a toll on her personal life. Once proud of her appearance, she began to neglect her self-care. Her deteriorating physical and mental health, coupled with the personality changes due to chronic pain, contributed to the breakdown of her marriage, eventually leading to divorce.

Legal Action:

Carbone Lawyers represented the plaintiff in a claim against her employer, arguing that the renovations directly caused her injuries. Before the store modifications, the plaintiff had no physical issues, but the increased height of the shelves made her job more physically demanding and ultimately led to her debilitating condition. 

The employer argued that the plaintiff should have requested assistance if she was struggling with the physical demands of her duties. However, the plaintiff maintained that asking for help with her tasks was impractical, as workers were constrained by time pressures.

Carbone Lawyers also obtained witness statements from two co-workers who confirmed that the repetitive nature of the job had become more strenuous due to the renovations and that, given the fast-paced environment, asking for help was rarely an option.

Outcome:

The case was settled in mediation, and the plaintiff received several hundred thousand dollars in compensation. The settlement covered her pain, suffering, and medical expenses, holding the employer accountable for the unsafe work conditions that contributed to her injury.

*Details of this case have been altered or omitted to protect the identity of the parties.