Carrs win £39k for client in contested finger amputation claim

Carrs Solicitors have acted on behalf of a manager of a print works who sustained traumatic finger amputation due to the employer’s unsafe working practices.

Our client was inspecting machinery that was fitted with a key which was intended to isolate the equipment in question when removed.  Before undertaking his inspection of the roller in question, our client had noted that the key had been removed from the position required to operate the machine.  He therefore believed the machinery to be safe. It transpired however that a second key had been in use on the shop floor which enabled the machinery to be turned back on, leading to an entrapment.

Liability was disputed and the employers and their insurers blamed our client claiming that he had been reckless and alleged that he knew about the second key and should have checked.

The employer's insurance company appointed solicitors and denied liability. The employer also withheld important documents and denied that the accident had ever been reported to the Health and Safety Executive (Employers are obliged to report all serious injuries and any accident resulting in over three days sick leave).

Carrs Solicitors made successful applications to the court for disclosure of evidence and to the HSE under the Freedom of Information Act 2000 for records of the employer's report and of the investigation that followed. The withheld records showed that the company had been found to have operated an unsafe system of work and had been served with improvement notices in relation to its unsafe practices by the HSE.

We argued against the defendant’s stance and against the assertion that the claimant future career would not be impacted by his injuries.

The employer’s representatives put forward an offer to settle the claim for £30,000 and on our advice this sum was rejected. Carrs Solicitors served court proceedings upon the employer who refused to negotiate further until one month before the case was due to go to trial when the defendant to pay the client £39,000.

Contact Carrs Solicitors

We have years of experience dealing with factory accident related cases, contact our expert team of solicitors by calling 01204 496898 today and arrange a home visit from one of our specialists to discuss your claim. Alternatively you can fill in an enquiry form and we will be in touch as soon as possible.