Enforcement officer compensated for personal injury claim
A man who worked as a community enforcement officer has been awarded with a compensation claim, after he sustained work related personal injuries, resulting from ill-fitting second hand body armour.
The man who is from Eaglescliffe in Teeside, was left with serious personal injuries to his back and shoulder problems, after being provided with faulty, second-hand armour which he needed as protection from stabbings.
The 31-year-old worked 11-hour shifts for Stockton Borough Council's neighbourhood services team, investigating complaints in potentially dangerous situations. He had to wear the faulty body armour at all times.
Middlesborough County Court found Stockton Borough Council failed to provide the worker with protective equipment and awarded him £2,000 in compensation.
Dave Prentis, UNISON's General Secretary, said: "It is sad that this man needed body armour to protect him for just doing his job. But it is inexcusable that he was given faulty, second hand body armour that did not even fit him properly."
The right equipment for the job is needed
Mr Prentis added: "Community enforcement officers deal with potentially dangerous situations - if they do not get the right equipment to do their job, it could put their lives at risk."
He concluded by saying: "The council have made a bad situation worse by not facing up to their responsibilities and choosing to waste a huge amount of time and money fighting this case."
The man who was injured, stated: "The ill-fitting armour led to a lot of aches, pains and sleepless night. I suffered for around 10 months, but it felt like an eternity.
"I am relieved that it is all over and that I have finally been provided with a correctly fitted stab vest."
The man said that he had been given the ill-fitting armour in April 2006. He complained to his superiors in September that it didn't fit properly and that he had developed back and shoulder pain.
Several of his colleagues had also complained about their ill-fitting equipment, but nothing was done about it until the man was put on light duties in June 2007.
Different sized weights resulted in injury
It was revealed that he had been given second-hand armour from Northumbria Police, and the Kevlar plates inserted in the back and front were different sizes.
The weight meant the officer was pulled to the left and he had to compensate by adjusting his body, resulting in an injury.
Diane Davison, from the injury lawyers firm, which represented the man, said: "Our client's works in a role, which can at times see him in dangerous situations.
"The council obviously felt his job was so dangerous that body armour became a vital piece of equipment. Yet they did not take all reasonable steps to ensure the equipment they were providing was fit for purpose."
She added: "If protective equipment is needed in order for an employee to carry out their duties, employers have a duty to ensure that it fits correctly and that it is up to the job."
She concluded by saying: "In this case, our client was lucky that his armour never had to prove its effectiveness."
Updated on 04/02/2010