Teaching assistant receives damages following shoulder injury

A title="UNISON">UNISON member injured while working at a Nottinghamshire school has received more than £6,000 in compensation.

Kathleen Nelson, 55, was holding a door open as two colleagues had removed a pupil from a classroom during a Christmas party. She was positioned to stop the pupil from re-entering the classroom, but as she was holding the door the pupil kicked it, causing a pull in Kathleen’s shoulder. It was later found to be tendon damage.

Although she returned to work after the Christmas holidays, she needed regular steroid injections and, when the pain failed to subside, surgery. Following this, Kathleen had three months off work to recover.

Kathleen was not given training in the management of actual or potential aggression (MAPA) until after the accident, which enables staff to reduce injury risks during situations that may lead to aggression.

She contacted UNISON and instructed Thompsons Solicitors to make a compensation claim.

“This injury was the last thing I could have expected going into the Christmas period,” Kathleen said. “It made a usually fun time of the year considerably more painful and, once I had the operation, meant I was unable to work.

“I turned to my union, which was more than happy to help, and alongside Thompsons I was able to receive free legal guidance from start to finish. My employer has since trained me in the MAPA technique, and thankfully the pain has mostly gone away. I just wish that they’d thought about training before this happened, instead of doing it as a response to my injury.”

Angela Staples, of Thompsons Solicitors, said: “Employers have a responsibility to ensure the safety of all staff and, in this case, students too. In trying to support her colleagues, Kathleen suffered a painful injury that could have been easily avoided with appropriate training.

“Alongside UNISON, we managed to fight for Kathleen’s rights and ensure she was fairly compensated for the suffering she endured.”

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