PEH worker suing States over injury

Parvinder Sembi is claiming general damages of £20,000 plus interest, but in the claim documents submitted to the Ordinary Division of the Royal Court by her advocate it is stated that additional amounts are to be claimed relating to future medical expenses and future care and assistance.

Special damages amounting to £5,730 are also claimed in respect of medical expenses incurred so far plus past care and assistance. Claims for part loss of earnings and loss of pension benefits are to be advised.

The claim relates to an industrial dishwasher used by Ms Sembi in the pharmacy department.

There was a table directly opposite which made opening the washer difficult, said the claim, and Ms Sembi had to stand with her back and legs against the table: ‘It was not possible for the plaintiff to bend her knees fully when operating the dishwasher. Instead the plaintiff had to bend at the waist, without bending her knees.’

Due to it being about 15 years old, parts of the dishwasher were corroded and stiff and the racks would often derail because of this.

The incident which led to the legal action occurred in May 2016, when Ms Sembi was loading and unloading trays from the washer.

Having unloaded the clean trays, she placed the dirty trays on the racks and then bent down to push them back in.

This was when she felt a sudden, sharp pain in her back. The claim specifies the injury as: ‘mechanical back pain with psychosocial overlay’ and anxiety and depression.

‘As a result of the defendant’s negligence and/or breach of statutory duty, the plaintiff... sustained injury and loss.’

Full details are provided to the court in orthopaedic and psychological reports by doctors.

A total of 16 particulars of the States’ alleged breach of statutory duty and negligence are given, including failure to maintain the dishwasher in efficient working order and good repair, failure to provide sufficient working space or provide an alternative dishwasher ‘in a reasonable location’ and failing to provide a safe place of work and a safe system for working.

The matter was placed on the pleading list by the court and the defendants have 28 days in which to file defences.