Firm admits liability and compensates worker after fall
A factory worker has been successfully awarded with a compensation claim after his employer admitted liability when he suffered a broken upper arm, while testing out a brand new JCB vehicle at work.
The man, who is aged 63 and from Rocester in Staffordshire, was testing the new JCB Loadall - a type of vehicle used on farms for moving materials - when a faulty step on the machine caused him to fall and break his humerus bone in his arm.
The man, who is a member of the GBM trade union, worked for the company which is based in Rocester as a test team leader. He has been with the firm for more than 20 years.
On the day of the work accident he was testing the new machine which had just come off the factory line. Ironically, his tests on the vehicles were the last one set before they were to go out for public sale.
The step gave way
As he stood on the vehicle's step it gave way causing him to catch his left arm on the machine's cab, leaving him with severe personal injuries. It was later found that there was a design flaw with the steps which caused the accident.
The man had to take three months off from work and needed surgery to pin his arm. He then needed a further two operations and was off from work for a total of 14 months.
The man now has a 30 per cent disability in his left arm, but has been able to return to work, but in a different role.
Speaking about the effects of the incident the man said: "I've been left disabled by this accident and as a result I worry that I will be limited in the employment market if I ever need to apply for another job."
He also added: "There was a fault with the design of these machines which had been in production for a number of months but nothing was done to sort it until I suffered this accident. I feel angry that more wasn't done to avoid this from happening."
Legal assistance with seeking compensation
Following the accident at work the injured man contacted his trade union the GMB, which advised him to seek compensation for his personal injuries. The trade union provided the man with legal assistance, through the help of its personal injury solicitors and enabled the injured man to pursue a claim for accident compensation.
The firm admitted public liability and settled the sum for the compensation claim out of court.
Joe Morgan from the trade union said: "Had this step been properly designed and installed this accident would have been prevented. Instead the man has been left with a disability which he fears will affect his future employment."
A spokeswoman from the solicitor's firm said: "The defendants admitted liability in full following allegations they had breached the Provision and Use of Work Equipment Regulations."
The spokeswoman also added: "They should have taken all steps possible to make sure the design of this machine was fit at the point it was being tested for the retail market.
Updated on 05/01/2010