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Home > News > Work accident compensation following serious hand injury

23rd August 2010

Work accident compensation following serious hand injury

Our client suffered serious injuries to his hand, partially severing it, when he was injured in a work accident. Our personal injury lawyers were able to secure in excess of half a million pounds in this work accident compensation claim on behalf of our client, who was unable to continue working for his own construction company.

Work accident involving mechanical digger

Our client was an extremely experienced contractor with many years working on contracts such as the one he was involved in on the day of his accident at work. As was the norm, our client had engaged the services of a digger and skilled driver to assist with the work.

During the morning, there were problems releasing the bucket from the digger and our client, with another colleague and the driver, were attempting to release it. The driver of the JCB, who had returned to the cab, accidentally hit the operating levers and, without warning, the digging arm swung around, striking our client, knocking him to the ground.

Serious injuries to hand and arm

As he gradually recovered from the blow, he found himself in tremendous pain and swamped by nausea. He realised the pain was coming from his arm and, even through his glove, he could see that his hand was hanging off, and believed it had been completely amputated.

Fortunately, it was not a complete amputation and extensive surgery resulted in his keeping his hand. However, he also suffered multiple fractures to his hand and arm, and dislocation of his hand. He had to undergo several operations in order to achieve some small improvement in the use of his hand.

He has also needed several skin grafts and will require further surgery in the future, although it is extremely unlikely that he will recover more than a minimal use of his hand, and he has been left with excessive scarring and disfigurement. There is also a risk that further surgery will expose our client to infection or injury that could result in him subsequently losing his hand.

Accident compensation claim against two defendants

As with many accidents that occur on construction sites, more than one contractor had responsibility for some aspects of the contract and site. Our work accident compensation lawyers brought this accident compensation claim against the contract operator and the owner of the digger, who also employed and provided the skilled driver.

This work accident compensation claim was brought on the grounds that the defendants had breached several sections of the Management of Health and Safety at Work Regulations, in that they failed to provide a safe working environment for our client, and failed to ensure the mechanical digger was maintained in safe and good working order.

Court proceedings issued to secure work accident compensation

Both defendants had initially denied liability and our work accident lawyers were forced to issue court proceedings. However, just days before the trial, they agreed to award compensation to our client.

An initial offer of compensation was rejected by our client, on advice from our specialist accident lawyers, but a final offer in excess of half a million pounds was accepted. The final sum, included a substantial amount in the form of an interim payment, which we had secured during the progress of the claim and which went some way to easing the financial loss suffered by our client and his family as a result of his inability to work. The award was split between the digger operators and the main contractor 60% and 40% respectively.

Making a claim for work accident compensation

Should you decide to instruct us to represent you in your claim, Clear Answers’ lawyers have teams of specialists waiting to help you. We have extensive experience in all types of work accident compensation claims, particularly those involving multiple contractors such as construction site accidents.

Whether it was the result of negligence on the part of your employer, or some other cause, Our specialist personal injury 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.

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 on-line accident compensation claim forms and one of our representatives will contact you as quickly as possible.

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