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An employer’s liability claim
Care homeowner "A" had an employee who
decided a resident needed to be lifted from their bed without the aid
of a hoist. She had been specifically trained not to lift residents
without the aid of a hoist and had been trained in the use of the
hoist.
The resident slipped from her (the
carer’s) grasp and the carer suffered a lifting related injury.
While our client was able to
demonstrate all staff knew not to lift, they were unable to
demonstrate the training undertaken and the carer’s solicitor was able
to demonstrate the lack of evidence. The effect of this lack of
documentation resulted in the claimant successfully winning a small
amount of compensation.
Lesson learned – document
everything and, if in doubt, document it again.
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