Painter who fell off plastic crate less than 2ft tall at work injuring knee awarded £55,000 damages

The unnamed 27-year-old had to have surgery and use crutches after the accident in August 2021 on the production line at bathroom pod manufacturer Walker Modular on Amsterdam Road in Hull.

The worker was standing on the 1ft to 1.5ft tall upturned crate to reach higher areas as the pods went by when he felt the box wobble. As he tried to step off he lost his balance and fell, rupturing his patellar tendon, requiring hospital treatment. He returned to work six months later, but was still struggling as a result of his injury and resigned and got work elsewhere in customer service.

He said the accident had a big impact and it was tough on his family financially, adding: “It was quite frustrating because a few of us had raised the issue of the unsuitable access equipment on a number of occasions with managers and we were promised the equipment but it never happened.

"We used these crates all the time and I guess it was only a matter of time before someone fell. When I returned after my injury people had been issued with proper locking platforms and step- ladders, but it was obviously a little late for me.” His lawyers Hudgell Solicitors said liability was admitted by legal representatives acting on behalf of Walker Modular in an out of court settlement.

An independent expert who assessed the man’s knee found strength and muscle wasting and said sensitivity across the scar in front of his knee, which left him unable to kneel, would likely be a permanent issue, impacting on his career as a painter and decorator.

Personal injury claims specialist Samantha Thompson said employers had a duty to ensure safe working conditions, adding: “It is all too easy to be dismissive when people are only stepping up a small height, as in this case, but falls of just a foot or two can cause serious injuries, such as tendon ruptures, which can be very painful, but also have a long-term impact on those who suffer them.”

The worker said he was delighted with the final outcome which was more than he had been initially offered. He’d used it to clear off debts which had mounted while he was unable to work and also buy a new family car. He intends using some of the rest of the money on a deposit for a house.