Levenes has recovered substantial damages for a victim of an accident at work at a construction site, who suffered a very serious injury to his thumb, which was almost amputated when using a defective circular saw.
Personal injury solicitors, specialising in serious injury claims
Mr G was a self-employed roofer working at a construction site. He was recruited by a sub-contractor company working at the construction site for a main-contractor. He was using a circular saw provided to him by a sub-contractor company with a missing guard. When the saw jerked on a wooden batten, his left thumb was caught and pulled in by the rotating blade of the saw resulting in a near complete amputation of the thumb.
Thanks to the skills of the surgeon’s his thumb was saved, but he has lost significant grip.
The accident has caused Mr G a serious injury and excluded him from any work as a roofer, as he did not have a reliable grip to be able to climb ladders.
Self-employed accident at work
Some victims of similar accidents do not try to claim compensation for their injuries thinking that as they are self-employed, they are not entitled to claim against the contractors, whom they were working for at the time of the accident. In fact the entitlement to claim compensation as an employee depends on the factual arrangements between a self-employed person and construction companies contracting him/or her for work. If the injured person can demonstrate that he was working under instruction and supervision of a company, who also provided tools and materials to him/or her, then the company is regarded as an employer, regardless of the actual self-employed status of the injured person.
The main contractor, although not the direct employer of Mr G, had overall responsibility for the compliance with the Health & Safety rules at the construction site and the provision of safe equipment.
Therefore, in this case Levenes managed to pursue the claim against the main contractor, who admitted liability for the accident.
Compensation for personal injuries and other losses and expenses
Mr G was examined by an expert hand specialist, who provided his opinion and prognosis on his injuries and their financial implications for Mr G.
Mr G was able to claim damages for his physical and psychological injuries, past losses including loss of earnings, care and assistance received from other people, as well as travel and medical expenses. His claim for loss of earnings also included his partial ongoing loss of earnings, as due to his injuries, Mr G was forced to re-qualify and work as a painter-decorator which was a less profitable employment than that of a roofer.
Mr G’s claim included an award for his handicapped position on the open labour market, as due to his injuries, he would find it harder to obtain new work if he had to compete with other un-injured workers.
Due to his reduced grip, Mr G was no longer able to use a motorcycle as his main mode of transport in London and had to use public transport at extra expense. Mr G was able to claim damages for his ongoing travel expenses.
Although Mr G was able to return to work, he was also able to claim future losses arising from his condition, including future help of members of his family with some more demanding household tasks requiring a good grip and dexterity, which he would find too difficult to cope with.
Mr G was able to obtain substantial damages.
Our personal injury solicitors
Mr G was represented by Joanna Mackiewicz, an experienced personal injury solicitor, and Partner, Tim Beasley, Levenes senior partner with extensive experience in dealing with claims arising from accidents at work at construction sites.
If you would like to obtain free advice as to whether you are entitled to make a claim for compensation arising from injuries suffered as a result of an accident at a construction site, please contact us now.
High compensation award for worker who nearly lost his thumb
13 Nov 2019