When the machine that our client operated was modified with new guards and an automatic start up, she received no additional training on safe methods of operating or cleaning the machine.
At the time of the accident at work, she was carrying out a routine maintenance operation when the machine started automatically, catching her hand and severing several of her fingers.
She asked for our personal injury compensation claim advice and subsequently asked us to represent her in making an accident claim for injury at work compensation.
When our specialist personal injury lawyers issued court proceedings, the defendant admitted liability for our client's work related injuries and we were eventually able to negotiate satisfactory compensation in excess of £100,000 for our client’s amputation injuries.
At regular intervals, our client was required to clean wadding which accumulated around the blade area during the manufacturing process. This involved her hand reaching around to the back of the machine. Recent modifications to the machine had meant new guards had been installed and an automatic start-up added.
Following this traumatic injury at work, she was immediately taken to hospital but one of her severed fingers could not be saved and she has been left with one finger shorter than original.
After an absence of some time, our client returned to work after receiving rehabilitation treatment for her amputation injuries and counselling for the effects of the traumatic circumstances of her accident at work. However, at the time of her award for injury at work compensation she had not been able to return to full duties or operate any machines.
Immediately following this accident at work, an investigation was carried out by the Factory Inspector, who found that a guard was missing from our client’s machine and that this was directly responsible for her injury at work.
In fighting this claim for our client, we proved that the defendant was in breach of both the Provision and Use of Work Equipment Regulations (1998) and The Occupiers' Liability Act 1957.
By allowing the machine to be used without the correct guards in place, they had been negligent by failing to ensure that the machine was constructed or adapted to be suitable for the purpose for which it was being used.
They had further been negligent in failing to provide our client with adequate training on the machine once the modifications had been made
These breaches had been compounded by their failure to carry out risk assessments, which would have identified the risk of injury to our client.
Clear Answers has extensive experience in all types of accident at work compensation claims. Whether an accident at work was due to negligence on the part of an employer, or some other cause, Clear Answers’ lawyers have teams of specialists waiting to help you, should you decide to instruct us to represent you in your compensation claim.
Clear Answers' solicitors will be happy to provide you with expert legal advice, and our specialist personal injury lawyers will talk you through the claims process in plain English. They will be happy to answer any questions you may have regarding your claim.
You will receive 100% of your compensation, and the person responsible for the workplace accident or injury will pay our legal fees - our service will be cost-free for you.
If you or a family member has been injured in these circumstances, please ring us on 0800 783 9019 and speak to one of our advisers. Alternatively, if you prefer to complete one of our online compensation claim forms, one of our representatives will contact you as quickly as possible.
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