11th March 2008

Injury at Work Compensation Claim

A sheet metal worker lost the top of his finger in an injury at work, when a piece of drill swarf penetrated his gloved hand. An experienced worker, he was attempting to drill a hole in the sheet of metal, and following what he believed to be the correct best practice procedures operating at that time at his place of work. The defendants argued that he would not have suffered this work related injury had he not been wearing the gloves and had the sheet of metal he was working on been clamped down.

It emerged at trial that it was common practice for our client’s work colleagues to wear gloves and to often avoid the clamping down of the sheet metal. Our client also felt that his employer looked upon the time taken to clamp of the metal as a waste.

At trial, the judge felt that the supporting documentation relating to this work injury claim, demonstrated a lack of evidence that the defendants had given the health and safety of their employees the importance it required, or that they had complied with the necessary Health and Safety Regulations. He also found that the defendants acceptance of the word of our client that he was an experienced worker, without any training to ensure he was competent to carry out the work, was in itself a failure to protect him and prevent a workplace accident of this type.

Although the wearing of gloves and the failure to clamp the metal was found to be contributory negligence on the part of our client, it was the failure on the part of the defendant to provide sufficient training and guidance that had allowed him to continue with the bad practices which had actually resulted in our client suffering a work injury. The judge therefore found that our client could not be held responsible for his negligence.

Finally, the judge also found that a guard should have been fitted and this was an additional breach of the Health and Safety Regulations.

The judge ruled the defendants wholly responsible for the accident at work and our personal injury solicitors, who specialise in all types of injury at work compensation claims, were able to secure a satisfactory settlement for the client, as well as clarifying this important point of law regarding contributory negligence.

Compensation Claim

Whether your accident at work it was due to the negligence on the part of your 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 claim. We have extensive experience in all types of accident at work claims.

We will be happy to provide you with expert legal advice, and our specialist 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.

If you select Clear Answers to represent you in this matter, you will receive 100% of your compensation. The person responsible for your workplace accident will pay our legal fees, and 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, one of our representatives will contact you as quickly as possible if you prefer to complete one of our on-line compensation claim forms.

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