Factor worker’s hand caught in a mixer

This case study shows that even if it may seem that an employee was to blame for their injury, they can often still make a claim.

Mr Szymon Pawelek was employed by the Defendant’s factory as a production operative. At the beginning of his employment, he received a health and safety training and became aware how to use and operate the work equipment and the risk associated with it.

On the day of the accident, Mr Pawelek was cleaning a large industrial mixer. As he was trying to clean the machine, one of the blades of the machine caught his hand, fracturing two fingers and amputating his middle finger.

The employer admitted that Mr Pawelek should not have been exposed to the risk of injuring his hand in this way but they alleged that he was partly to blame himself because he knew that he should have switched the machine off before placing his hands into the machine.

Mr Pawelek admitted that he knew he should not have done this. However, Levenes were able to argue that employers should ensure that employees cannot get their hands in to dangerous places at work because employees through expediency will sometimes do dangerous things in order to get the job done.

The employer must pay compensation to the employee as a result of an accident at work, even if it is partly caused by their fault

The law recognises that employers have a duty to protect employees from dangerous practices even if it may seem obvious that this conduct of the employee is risky. The employer should prevent this and the employee can still make a claim even if it is argued that they are the author of their own misfortune.

Levenes will always look to see what arguments can be made because employers have the duty to prevent injury.

Mr Pawelek’s case was settled for 100% of the value of the claim which Levenes submitted on his behalf despite his own admission.

Not every accident entitles you to receive 100% compensation claimed, however, Levenes will always fight to claim the highest compensation possible

To obtain compensation for any accident to which you, as a victim, contributed in certain way, the level of compensation can be reduced accordingly. That will depend on the extent to which your conduct has contributed to the damage.

If you are injured when you are using dangerous machinery, even if you think the accident may be your fault, it is worth asking us to consider your claim.

If you require legal advice on bringing a claim for personal injury at work, please contact Levenes Solicitors on 0800 048 2355.

Employees can claim even if they are partly to blame

28 Apr 2020Accident at Work

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