Summary:

Carbone Lawyers has obtained a settlement for a woman who suffered a shoulder injury because of the repetitive nature of her job.

Case Details:

The plaintiff, a woman in her 60s, was employed as a retail worker for a high-profile fashion accessory brand. Her role primarily involved merchandising and restocking shelves, which required lifting and placing stock on and off high shelves throughout the day. Over time, the repetitive nature of these tasks led to the development of a strain injury in her shoulder.

The situation worsened when, while on duty, a customer fainted and fell directly onto her shoulder, aggravating her existing injury. In the weeks following the incident, the plaintiff experienced increasing pain. Eventually, she sought medical attention and was diagnosed with a torn shoulder ligament, which required surgical intervention.

Legal Action:

Carbone Lawyers, representing the plaintiff, argued that the repetitive tasks and the physical demands of the job contributed significantly to the development of her injury. To support their claim, they engaged an engineer to conduct an ergonomic study of the workplace. The investigation examined the physical requirements of her role, the height of the shelves, and the adequacy of the ladders provided for her work. The study revealed that the design of the retail store made the plaintiff’s injury more likely.

The defendant, her employer, contended that the plaintiff should have been more diligent about taking breaks when experiencing pain. However, Carbone Lawyers refuted this, demonstrating that the shop was frequently busy, and the demanding pace made it impractical for the plaintiff to take breaks as needed.

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.