Man seeks compensation after hand injury
A factory worker has received a compensation claim after taking his case to an injury lawyer following a severe accident while he was in the workplace.
The claimant, aged 40-years-old was a furniture maker and he worked for a medium sized factory with 20 other machinists.
On the day the accident took place, the man was using a cutting tool that was to say the said to be quite old. There was a small guard covering the main cutting tool but the tool and its rotating mechanism jutted out beyond the guard as it completed its motion and this was known to be a dangerous to use by most of the workers.
Distraction leads to injury
Unfortunately at the time of the accident, the claimant was distracted and he left his hand in the machine as he was finishing cutting a length of steel. The tool sliced through his hand and at the same time the rotating cog dragged his arm into the machine causing further injury.
He was able to turn the machine off but only after three attempts because the buttons were not functioning properly. His fellow workers helped him from the machine and he went straight to hospital.
His injuries were not as serious as they could have been because he quickly stopped the machine before more damage was done. Although he did suffer a serious wound to the back of his hand across the knuckles with tendon damage and broken meta carpals. He also suffered a nasty flesh wound to the lower arm as a result of being dragged into the machine and had to undergo an emergency operation. Three days after the surgery he was allowed to go home.
The claimant was unable to work for 5 months as a result of his injuries. During this enforced absence he called a legal firm for advice on making a compensation claim
Whos to blame?
After discussing liability with the employer's liability insurers, it was identified that the employer had been guilty of a number of breaches of health and safety regulations.
One of which was the machine that was being used at the time of the accident. It was said that the machinery was around 38 years old and was poorly maintained with no servicing records.
The protective guards on the machine were inadequate and the cutting tool itself protruded dangerously at certain points during the cutting process. The emergency control buttons were also defective.
The machine was a risk to employees and the insurers admitted liability in full after a weak argument of contributory negligence against the claimant.
There may well have been some merit in saying that the claimant was not concentrating properly when the accident occurred but he was put in a dangerous situation whereby accidents were very likely to happen and for this the employer should be held fully accountable.
The claim for pain and suffering was settled at £15,000 to include cosmetic blemish - the claimant was left with some significant and visible scars. His grip would be permanently weakened but he was able to perform his job as adequately as before. He received a further £10,000 for miscellaneous claims and had his costs paid in full.