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Personal injury claims - Injury at work using machinery
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Personal injury case studies
This case study discusses a claim following an injury sustained at work using dangerous equipment or machinery.
Accident in the workplace - machinery
The claimant was a forty year old furniture maker and he worked for a medium sized factory with 20 other machinists.
On the day of the accident the claimant was using a lathe cutting tool that was to say the least a little antiquated. 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.
Unfortunately on the day 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 had the presence of mind to stop the machine before more damage was done. However he suffered 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. Following an operation he was allowed home after 3 days.
The claimant was unable to work for 5 months as a result of his injuries. During this enforced absence he called The Claims Connection for legal advice on making a compensation claim.
After discussing liability with the employers liability insurers, we identified that the employer had been guilty of a number of breaches of health and safety regulations. Firstly the machine being used at the time of the accident was 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 £15000 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.
Summary - This is a good illustration of how some employees even now are working in dangerous conditions with dangerous machinery. Employers have a duty to safeguard their employees safety and wellbeing. In this case the equipment being used was palpably unsafe and should have been replaced years ago. At the very least the equipment should have undergone rigorous servicing and maintenance before it was used and additional guards should have been fixed around the cutting tool.