1st May 2008

Injury at Work Compensation for Welder Injured by Negligent Colleague

An experienced welder with over 30 years experience with his employer, our client asked for our help in bringing an injury at work compensation claim, after he sustained a burn injury at work. His duties required him to repair vehicles used in moving heavy items around the site. On the day his accident at work took place, he and his colleagues were under considerable pressure to repair one vehicle, as several others were also out of commission, potentially shutting down an important area of operations.

As normal, he worked alongside two fitters. He was wearing a special helmet that protected him whilst he was welding, but it had the effect of restricting his vision to his work immediately in front of him. He therefore had no view of what the fitters were doing, as they were working behind him. Much of the work was done in a kneeling position and it was only when he completed the weld and stood up that he noticed a hole in his overalls. At the same time he realised his knee was a bit sore, and inspection revealed he had suffered a work related injury, a burn, and a blister had formed. It became clear that whilst he had been kneeling, his knee had been up against a metal plate which, unknown to him, was being heated by the fitters, resulting in this workplace accident. This had slowly heated up the metal place, causing a slow burn to his knee.

Already an experienced welder when he joined the company, our client had never been provided with instructions on health and safety matters. No risk assessments were carried out, nor was there any guidance provided for working in a group with fitters and welders, about how they should work together.

Initially, he did not take much notice of the injury and continued working after the work accident. However, over the next few days, his knee became very sore, particularly when the blister burst. He attended the site medical department where a nurse treated his injury and applied a dressing. During this time, as a result of his injury at work, our client was having difficulty kneeling, which made his work very difficult, but he tried to find ways to work around it. After several more days, when the injury was not healing, he was advised to see his own GP. Tests then showed that the injury had become infected.

It took several months for the wound to heal, during which time our client was in some considerable pain. It also spoilt a holiday, which had been booked some months earlier, as he was unable to swim with the dressings to the wound left by his work related injury. When the injury finally healed, our client was left with a scar and has very little sensation across the site of his injury scar, which he has been told will be permanent.

The defendants continued to deny liability for this work injury, claiming that as an experienced welder, he should have been aware of his surroundings and potential risk. They also claimed the work related accident had been caused by a metal plate, which our client had heated himself. Eventually our specialist work injury lawyers were forced to issue court proceedings to secure compensation for our client. At trial, the Judge found that the claimant’s version of events was more consistent with the work related injuries sustained and awarded him injury at work compensation.

Compensation Claim

Clear Answers' lawyers have extensive experience in all types of accident at work claims. We have teams of specialists waiting to help you, whatever the circumstances of your injury. Whether it resulted from negligence by your employer, or that of a work colleague, Clear Answers can advise you whether you have a valid claim.

Should you decide to instruct us to represent you in your claim, our service will be cost-free for you, and you will receive 100% of your compensation

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, you may prefer to complete one of our online compensation claim forms and one of our representatives will contact you as quickly as possible. Our lawyers will be happy to provide you with expert legal advice, talk you through the claims process in plain English and answer any questions you may have regarding your claim.

back to news index