Accident at Work Client Stories30 Mar 2023 | Sophie Davies
£20,000 for Industrial Injury Claim
Enviro-Strip (UK) Ltd have been ordered to pay £20,000 in accident at work compensation after a worker suffered an industrial injury in a flash fire at a factory in Staffordshire.
The 24-year-old suffered acute burns to his face, arm, neck and left hand after opening an oven at Enviro Strip. The worker was supervising the opening of a specialised 400-degree when the accident occurred. He was airlifted to hospital and placed in an induced coma for four days. He is now back at work, however, cannot stay out in sunlight as his skin is now extremely sensitive.
Burton-on-Trent Magistrates Court heard that the flash fire could have been prevented, but a safety mechanism on the oven door to prevent it from being opened at temperatures above 260 degrees had been deliberately bypassed.
Man loses hand in an accident at work
A company that owns a factory in Knowsley has been fined £3,500 and ordered to pay £3,500 in costs for an industrial injury claim. Gary McKeown’s hand was cut off by the blender as he emptied it at the factory. Although doctors were able to reattach his hand he lost his fingers and thumb
The accident investigation discovered that the machine’s locking device had been broken for more than a year with no attempt being made to repair the fault. The machine was in use for whole days, making it inevitable that someone would eventually be injured.
Ladder accident results in compensation claim
A shop worker who fell from a ladder has won £9,600 in compensation. The worker who was employed as a senior sales assistant by the early learning centre in Glasgow was using a twelve-foot ladder whilst trying to reach a box on a shelf. After her first attempt failed she decided to reposition the ladder and fell as she was climbing down to do so.
The shop assistant suffered damage to her back, elbow and calf. She also had existing back problems, which were found to have become much worst after the accident, making it difficult for her to carry out everyday tasks.
The early learning centre admitted liability for a breach of the Work at Height Regulations 2005 as the shop assistant should not have been put in a position where she was required to climb a ladder to the height from which she could have fallen and injured herself. The court awarded £12,800 in damages which was reduced by 25% for contributory negligence.
Worker suffers life-changing injuries in fall from height
A windows company has been fined and ordered to pay costs after a double-glazing worker suffered multiple injuries in a fall from a ladder. The worker, 68, fell five metres and landed on a patio after climbing up a ladder. An investigation into the accident uncovered that the worker had been allowed, by the company, to work alone without anyone on the ground. As a result of the accident, the worker suffered a broken knee and ankle, broken ribs and a punctured lung.
Six-figure sum for serious workplace injury
The accident at work team at Osbornes has recently represented a baker after he got his arm caught in a faulty machine at work. The injuries sustained were a broken arm, a fractured wrist and a chipped elbow. Later nerve conduction studies revealed nerve damage and cold intolerance. The claimant was, unfortunately, unable to return to his job as a baker due to post-traumatic stress, limitations in his capacity to lift and carry heavy objects, and ongoing pain.
After a period of negotiation, the case settled for a six-figure sum, including a claim for future lost earnings.
Construction worker receives compensation for a serious ankle injury
The Claimant, PB, a Polish male in his late 40s, made a construction accident claim after he fell off a ladder whilst working at a construction site in central London. He suffered an open comminuted fracture of the distal end of the tibia and fibula, which extended into the talus (in other words a badly broken ankle). He had two operations on his ankle, one on the day of the accident and one two weeks later, and was fitted with an external fixator which he wore for six months, and he used crutches for several months after the external fixator was removed.
PB made a good recovery from his injuries, although he was left with some restrictions in the movement of his ankle. He returned to work around two years after his accident, although our Orthopaedic expert’s evidence was that he was likely to develop arthritic changes in his ankle later in his working life which would prevent him from continuing to work as a decorator.
Osbornes made a personal injury compensation claim against PB’s employer and although liability was denied initially, the Defendant’s solicitors were eventually persuaded to settle the claim for £90,000.
Hotel barman claims compensation
Osbornes were instructed after our client, a hotel barman fell down a flight of stairs at work. The man had been asked to carry a box of wine into the cellar. This would normally have been taken down to the cellar in the lift, but the lift was out of order and had been for a few weeks. The steps were wet because it had been raining outside and water had leaked under the cellar door and onto the stairs. Our client’s employer had installed a non-slip surface on the stairs in question but this proved to be ineffective
A claim was therefore made under the Workplace (Health, Safety and Welfare) Regulations 1992, as our client’s employer had failed to ensure that the area was effectively drained and that the stairs were not slippery.
Liability was initially contested by the defendant before finally being admitted about 6 months after the end of the protocol period.
Our client sustained soft tissue injuries to his lower back, which are still causing him discomfort two and a half years after the accident. He was off work for several months and then resumed work on a part-time basis, meaning he lost a considerable amount of earnings, which we were able to recover for him. In total, the case was settled about two and a half years after the client’s accident with our client receiving £24,000 in compensation.
Injury to wrist results in £100,000 for lorry driver
A lorry driver has received a settlement for injuries and financial losses suffered in an accident at work.
Jarek Lemancyk was working as a lorry driver delivering to supermarkets across the Midlands. The job involved making deliveries of goods on pallets. On Christmas Eve he was attempting to unload a pallet. The pallet had been badly loaded at the warehouse so when Mr Lemancyk attempted to move the pallet the boxes fell off the pallet. To avoid being hit by the boxes he jumped backwards, however, fell in the process injuring his wrist.
Mr Lemancyk injured his wrist so badly that it was necessary for him to have an operation, requiring him to be off work for months. The injury sustained meant that although he returned to work he could not undertake the job as a driver and therefore was on a lower wage.
Following a full medical assessment of his injuries and an assessment to see if he would ever be able to drive again, he received compensation for £100,000.
Man who fell in freezer receives compensation
The man who was in a walk-in freezer at the time slipped on ice which had built up on the floor of the freezer, located in the bakery at which he worked. As a result of the accident the man was left with tissue damage to his wrist shoulder and neck, had to take ten weeks off work and on his return, he was put on light duties meaning he could only work for a few hours a day for the first five months back at work, which meant significantly reduced wages.
During the case, it was discovered that staff had complained to the management of the bakery about the problem with the freezer, caused by a poor cleaning system inside the freeze. The bakery settled the claim out of court with the man receiving £8,400 in compensation. The bakery has also since made efforts to fix the freezer including replacing the freezer door.
Man paralysed at work awarded £120,000
A 38-year-old worker was left paralysed from the chest down after an accident at work in which a reel of paper crushed him at a factory he was working at in North Wales. Mr Christopher Shaw was using his own body to slow down a reel of paper when he slipped. The reel which is about two metres wide rolled onto him and crushed his body.
The Health and Safety Executive said employees using their own body weight to slow down such large and potentially dangerous items such as paper reels, clearly is not a safe way of working. There were clear risks that were not properly managed by the company, which resulted in Mr Shaw’s horrific injuries. Mr Shaw was awarded £120,000
Car showroom accident results in compensation
An employee who was working at a car showroom has received £13,000 after sustaining an injury at work. The man fractured his hip after falling due to a slippery floor at work. The injury resulted in surgery followed by intensive physiotherapy and hydrotherapy.
Broken ankle at work claim
A worker who broke his ankle after falling down a hole has received £7,000 in compensation for injuries sustained because of the accident. As a result of the accident at work, the man had to take two months off work to recover and also had to take three months off his job as a retained firefighter.
The accident happened after the removal of a machine from the factory created a hole. The machine was being moved as part of a decommissioning programme, during which nothing had been done to cordon the area off and there were no warning signs to make all aware of the work, which went on for one month.
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Sophie Davies Partner
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