Amicus Wins Compensation for Nissan Employee

LONDON, December 16 -- Amicus Britain's biggest private sector union has secured compensation for a Nissan employee who suffered an injury while working at the car plant.

Mr. Gregg was injured on the 18th March 2003 during the course of his work as a Manufacturing Operative employed by Nissan in Washington. He was attempting to push a stillage with his arms held out parallel. One of the castor wheels was defective and the stillage "didn't move" as he tried to push it. As a result Mr. Gregg who is now 46 years of age suffered a strain injury to his neck.

Liability was admitted by the insurers for Nissan in September 2003 but the value of the claim remained in dispute and Court proceedings had to be issued.

Medical evidence was provided by Mr. Fred Nath (Consultant Neurosurgeon) and Mr. Alan Innes (Consultant Orthopaedic Surgeon). Mr. Nath was of the opinion that the strain injury to the neck had caused an acceleration of the appearance of symptoms from pre-existing degenerative change by 6-7 years. Mr. Innes was of the opinion that the accident had caused a 4 year acceleration.

As a result of the injuries Mr. Gregg has been off work since February 2004 and his employment was terminated on the grounds of ill-health on 7 January 2005. He was forced to sell his house because of financial concerns and requires daily care and assistance from his partner.

Mr. Gregg has been left with no feeling in his left arm and hand and his grip is reduced. He is in constant pain in the upper arm and elbow. He is still undergoing regular physiotherapy and is taking painkillers on a daily basis. The experts agreed that Mr. Gregg could not return to his pre-accident employment and would only be capable of light sedentary work by October 2006 resulting in a significant loss of earnings.

A claim was put forward for pain, suffering and loss of amenity; full loss of earnings from 7 January 2005 until October 2006 (when Mr. Gregg was expected to be fit for light work) and thereafter a partial loss of earnings until the end of the acceleration period.

Initial negotiations were unsuccessful and the case was listed for Trial on 20 December 2005.

On 25 November 2005 the Defendant's paid into Court the sum of GBP70,000 but this was rejected. Further negotiations took place and the case was settled on 14 December 2005 in the sum of GBP85,000 out of which must be deducted the sum of GBP3,513.36 for repayable benefits.

Amicus Regional Officer, Dave Telford says,

"The successful outcome of this case highlights the benefits of Amicus membership in case of injuries at work. The settlement reflects the expert support and representation provided by the unions solicitors Thompsons which Amicus members can rely on.

Without the backing of Amicus Mr Gregg would have been at the mercy of the 'no win no fee mob'. Thanks to Amicus Mr Gregg will receive the full amount without a percentage of the settlement going to the lawyers. Mr Gregg received the support of Amicus for the cost of his monthly subscriptions which is less than GBP10."