£500,000 Settlement After Machinery Accident
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Maria Tiron
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Securing a £500,000 settlement for a Romanian worker following a devastating machinery accident
Our client, Mr D, a Romanian national, instructed Maria Tiron following a life-changing workplace accident which resulted in the traumatic amputation of part of his right thumb and right index finger.
Although the Defendant admitted primary liability at an early stage, it sought throughout the claim to reduce the value of compensation by alleging that Mr D was partly responsible for the accident. Through a combination of careful investigation, strategic litigation, and persistent pressure on the Defendant, we successfully secured a settlement of £500,000 for Mr D without the need for a contested trial.
The background
Mr D was employed by the Defendant as a Production Picker. His primary role involved operating a forklift truck within the warehouse and delivering materials to the plastics production team.
In an effort to maximise production, the Defendant regularly required employees to undertake duties outside their usual role, including operating machinery when required. In May 2023, Mr D began his shift at 6:00am with the daily team briefing. On that morning, he was instructed to work on a heavy-duty automatic bandsaw known as the LX 330 AE.
Approximately two hours later, at around 8:00am, whilst operating the machine, Mr D’s right hand came into contact with the moving blade. The consequences were catastrophic. He suffered a traumatic amputation of part of his right thumb and right index finger, resulting in permanent disability and significant functional limitations.
As Maria’s investigation progressed, significant concerns emerged regarding the Defendant’s training and supervision practices.
Despite being expected to operate a dangerous industrial machine, Mr D had received only two training sessions totalling approximately six hours. Importantly, he confirmed that he had been told by his employer that he should continue to be supervised whilst using the machine.
However, on the day of the accident, he was left to operate the machine without direct supervision. It was also the first time he had used the machine independently after a substantial period without operating it.
Evidence obtained during the claim revealed that employees were routinely expected to remove cut plastic pieces and plastic shavings by hand whilst the machine remained in operation. This was not an isolated practice. It was the method Mr D had been shown during training and the same method routinely adopted by other workers.
Mr D had never been trained to use specialist tools to remove material safely from the vicinity of the blade, nor had he been instructed to stop the machine before carrying out this task.
Further concerns arose regarding the machine itself. Mr D had no recollection of a safety guard being fitted during his training or whilst he operated the machine. He understood that the machine was being used in the same condition both before and after the accident.
Although the Defendant admitted primary liability relatively early in the claim, it sought to argue that Mr D had failed to follow his training and had not paid sufficient attention whilst working. Maria robustly challenged those allegations.
The evidence demonstrated that Mr D had been following the very practices that had been taught to him and routinely carried out by other employees. The suggestion that he had somehow departed from his training sat uneasily alongside the limited training he had received and the lack of supervision provided by the Defendant.
Maria carefully analysed witness evidence, training records, risk assessments and operational procedures to expose the weaknesses in the Defendant’s position. One of the most significant issues in the litigation concerned CCTV footage.
Documents disclosed by the Defendant confirmed that CCTV footage existed which appeared to show both the accident itself and the immediate aftermath. Such footage was plainly relevant to the central issues in dispute and had the potential to provide important evidence regarding how the accident occurred. Despite repeated requests, the Defendant failed to disclose the footage.
Throughout the litigation, Maria maintained consistent pressure on the Defendant, repeatedly reminding them of their disclosure obligations and highlighting the potential consequences of failing to preserve and disclose key evidence.
She made it clear that the court could be invited to draw adverse inferences from the absence of footage which should have been preserved and disclosed. This became an important strategic aspect of the case and significantly strengthened her client’s position.
Shortly after admitting primary liability, the Defendant attempted to settle the claim for just £50,000. Given the severity of Mr D’s injuries, the long-term impact on his employment prospects, and the substantial future losses that were likely to arise, the offer fell far short of properly compensating him.
Applying strategic litigation pressure
Rather than allowing the case to drift, Maria adopted an aggressive but carefully considered litigation strategy.
Proceedings were commenced in the High Court at an early stage. We pursued applications designed to secure substantial interim payments and ensure that the Defendant continued to engage meaningfully with the claim.
At the same time, she continued building the evidential foundations necessary to maximise the value of the case.
This dual-track approach maintain pressure on the Defendant throughout the litigation.
The Defendant attempted to settle the claim again with a Part 36 offer of £390,000.00.
Demonstrating the impact on future employment
A key feature of the case was demonstrating the true impact the injury had on Mr D’s working life.
Determined to remain employed, he returned to work in March 2024 on light duties. However, he was gradually required to undertake work that was unsuitable given his physical limitations. Ultimately, he felt he had no option but to resign in May 2024.
He later obtained alternative employment in a warehouse role involving forklift operation. Despite his efforts, ongoing pain, reduced grip strength and manual handling difficulties continued to affect his ability to work effectively. He eventually resigned from that position in March 2025.
These attempts to return to employment proved highly significant. They provided compelling real-world evidence of the challenges Mr D faced and demonstrated that his difficulties were genuine, substantial and ongoing.
Securing compensation for future needs
One of the more complex aspects of the claim concerned prosthetic technology. Although Mr D had not yet undergone full prosthetic trials, we obtained detailed expert evidence regarding the types of prosthetic devices that would be available to him throughout his lifetime and the likely costs associated with them.
Importantly, the evidence showed that appropriate prosthetic assistance could substantially improve Mr D’s day-to-day functioning and increase his ability to remain in employment. By combining expert medical evidence, prosthetic evidence and real-world employment history, we were able to present a compelling case for substantial future losses and future care needs.
The settlement
Following sustained litigation pressure, extensive evidence gathering and strategic negotiations, the claim ultimately settled for £500,000.
The case serves as a powerful reminder that employers must ensure workers receive appropriate training, supervision and protection when operating dangerous machinery. It also demonstrates the importance of holding defendants to account when relevant evidence is not properly disclosed.
Most importantly, it shows the value of refusing to accept inadequate early offers and pursuing a carefully planned strategy designed to secure the compensation that injured clients genuinely need and deserve.
How can we help?
If you have suffered a serious injury at work, our specialist Personal Injury team can help you understand your rights and pursue the compensation you deserve. Our team will guide you through every stage of the claims process, ensuring you have access to the support, rehabilitation and expert evidence needed to maximise your recovery and your claim. To speak with a member of our Personal Injury team, contact us by:
- completing our online enquiry form;
- or calling us on 020 7485 8811
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Ben Posford, head of catastrophic injury, is well-known for spinal cord and cauda equina claims, including high-profile fatality work.
Osbornes fields a specialist personal injury team with standout expertise in catastrophic trauma, regularly securing multimillion-pound settlements in spinal, brain, and amputation cases.
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Osbornes’ ‘highly respected‘ personal injury team is experienced in a range of complex, high-value claims, with notable strength in acting for European clients for whom English is not a first language.
Osbornes’ ‘highly respected‘ personal injury team is experienced in a range of complex, high-value claims
Osbornes’ ‘highly respected‘ personal injury team is experienced in a range of complex, high-value claims.
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Beneath Ben Posford’s calm and reassuring presence, which clients love, lies a formidable tactical and legal brain. His experience tells and he gets it right at every stage of the process from arranging the best possible rehabilitation, to ensuring, so far as possible, a polite relationship with those acting for the defendant in order to ensure best and early resolution of the claim.
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