Case Study: £7 Million Settlement for Above-Knee Amputation at Work

Sam Collard

Overview

Osbornes Law secured £7 million in compensation for a Romanian recycling worker whose leg was amputated above the knee after he was struck by a 360-excavator at a Manchester waste yard in October 2022. The civil claim ran alongside a Health and Safety Executive prosecution, which resulted in a guilty plea and a fine of more than £100,000 for the worker’s employer. Sam Collard, partner in our catastrophic injury team, led the claim.

The accident at a Manchester recycling site

On 5 October 2022, our client, a 41-year-old man, was sorting waste alongside two colleagues at the Pink Skips (NW) Ltd recycling site in Levenshulme, Manchester. As he stood behind a 360-excavator, the machine suddenly reversed. It struck him and ran over his leg.

The injury was catastrophic. The leg had to be amputated above the knee. He has been unable to return to work and continues to live with significant pain.

Health and Safety Executive investigation

The Health and Safety Executive investigated the incident and found that Pink Skips (NW) Ltd had failed to keep pedestrians and vehicles properly separated. The company had a written safe system of work requiring barriers between operatives and machines, and stating that no one should work within the swing reach of an excavator. In practice, these controls were not being followed.

Pink Skips (NW) Ltd pleaded guilty to breaching section 2(1) of the Health and Safety at Work etc Act 1974. On 7 August 2024 at Manchester Magistrates’ Court, the company was fined £106,700 and ordered to pay £5,744 in costs.

The impact on our client and his family

Our client is a father and grandfather. He lives in Manchester with his family. The loss of his leg has changed every part of his daily life. He depends on prosthetics, mobility aids and adaptations to the family home. He can no longer work in the manual roles he had spent his career in.

Building the civil claim

Sam Collard ran the civil claim against the employer in parallel with the HSE prosecution. Although the criminal fine was relatively modest, the civil compensation reflects the full lifetime cost of a high-level above-knee amputation. This includes:

• Lifetime prosthetic provision, including microprocessor knees and replacement sockets
• Adapted accommodation, including ramps, level-access bathrooms and ground-floor adaptations
• Future care and case management
• Loss of past and future earnings
• Pain, suffering and loss of amenity

Expert evidence was obtained from prosthetists, orthopaedic surgeons, pain consultants, care experts, accommodation experts and employment specialists to evidence each head of loss.

The £7 million settlement

The claim resolved for £7 million. The settlement gives our client and his family the long-term financial security needed for prosthetics, care, adapted housing and ongoing treatment.

Press coverage

The HSE prosecution was reported by a number of outlets, including:

• HSE: Company fined more than £100,000 after worker loses leg
• ITV News: Man, 41, lost leg after excavator reverses into him at work
• IOSH Magazine: Waste firm fined more than £100,000 after worker loses leg
• The Cleanzine: Waste & recycling company fined more than £100,000 after worker loses leg

How we can help

Our personal injury solicitors have substantial experience of amputation claims and accident at work claims, particularly those involving heavy plant, recycling and waste management, and other high-risk industries where pedestrian and vehicle separation has failed. We act on a no win no fee basis and have specialist Romanian, Polish, Bulgarian, Hungarian and other multilingual lawyers who can support clients in their own language.

Sam Collard, partner in our catastrophic injury team, led this claim. To contact us:

• Fill in our online enquiry form; or
• Call us on 020 7485 8811.