Mechanic smashes his own hand with a hammer – Levenes secured a settlement in his favour

Levenes have settled the claim of a self-employed man who suffered a broken hand during an accident at work in Wales.

The client worked as an HGV technician at a garage and was carrying out maintenance work on HGV vehicles. He provided his services through his own limited company and was working for the Defendant employer on a contract basis.

As he was using a hammer, the hammer bounced off the incorrect tool and smashed the client’s left hand. Although the client did his best to do his job, he had the incorrect tool for the task – this was the only available tool at the garage.

The accident was the fault of the employer because they were negligent as they failed to provide the correct tool. The task he was undertaking needed a specialist tool. Our client informed the employer but they did not order the correct tool and under pressure to get the job done our client tried to find a way round the problem as best he could with the tools available.

Employers are responsible to their employees for providing and maintaining equipment that is safe and suitable for its intended use. The risk of injury to the client would have substantially reduced had the correct tool been provided.

Even if a worker is working through their own company, and contracting their services, if the employer controls the work, they must ensure that the correct tools are provided, especially if there is a need for a specialist tool.

Liability denied and court proceedings issued

Liability for his accident was not admitted and the employer argued that the client had sufficient level of experience and qualification as a technician and therefore he should have known that the use of the incorrect tool was likely to cause him an injury. However, the client argued that the employer had a duty but failed to provide the specialist equipment and referred to a manual which contained the correct tool.

Levenes arranged for the client to be seen by a specialist hand surgeon. He recommended treatment including hand therapy.

Court proceedings were issued, and the court gave a date for trial. At that point, the insurers were willing to negotiate a final settlement.

This case study is an example of the sorts of arguments that are often encountered in accidents at work.

Often insurers will suggest that a contractor is self-employed, and no duty is owed to them. On the facts of this case, they were wrong.

Secondly, lots of accidents happen in the workplace because corners are cut, unsafe equipment is used or the tools provided are not suitable for the job.

Accident at work

Our specialist lawyers can help victims involved in an accident recover compensation. You will need expert advice on what action you can take to obtain accident compensation. You can trust in the experience and knowledge of our team of professional injury lawyers to ensure that you receive the maximum amount of compensation that you are entitled to.

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