A client recently received over £50,000 in compensation for a serious hand injury that he suffered at work. My client had been required to perform a task using a machine which was not adequate for the load being worked on. Part way through the job, the heavy load fell on to my client’s hand causing a serious crush injury requiring surgery and leaving him with permanent symptoms.
The employer initially denied any wrongdoing and attempted to blame the worker for performing the task in an unsafe manner. However, we were eventually able to get the defendant’s legal representative to accept that, where a worker is required to perform a task in a prescribed way using a specific machine with no other suitable alternative methods or machines available, primary liability will attach to the employer for breaching its duty of care in failing to properly risk assess the task and ensure that it is performed in a safe manner using suitable and safe equipment.
Expert medical evidence was obtained confirming that the Claimant would be left with chronic pain and, following negotiations, we were able to secure a settlement which amounted to almost double the defendant’s initial offer. That compensation reflected the physical and psychological injuries and symptoms that my client had suffered and those which he would continue to endure.