The Plaintiff was employed as a General Operative for the Defendant and had worked for the Defendant company for 22 years. In July 2017, while acting in the course of his employment with the defendant, he fell partially into a hole, striking his lower back against the edge of the hole. The Plaintiff worked on for the remainder of his shift for approximately one hour. Two days after the accident the plaintiff went to his GP complaining of severe lower back pain. He remained out of work until the 9th of October 2017.  He ultimately had to cease working again in July 2018 due to ongoing back pain.

The plaintiff claimed that he developed chronic pain in his back,