23rd January 2007
In a recent personal injury case, our lawyers were able to prove that, although an employee was trained on using a knife in the correct way, her injury at work was caused in part by her employer failing to ensure that the knives were not misused.
At the claimant’s workplace, employees opened tied bags using a fish knife. They were issued with an instruction leaflet on how to correctly use the knife for health and safety reasons, which meant always cutting away from themselves and not towards their bodies.
There were a number of employees however that had problems with using the knife in this manner, due to factors such as space constrictions, including the client and several of her colleagues. The employer was well aware that the recommended practice was not being used by everyone and people such as our client felt they had to cut towards themselves.
The Judge did not believe that this issue was dealt with satisfactorily by the claimant’s employer. There was no system in place for checking that the procedures were being followed, they failed to take adequate measures to ensure that the knives were not misused and did not provide any further instruction or training.
Therefore although the Judge was satisfied that the initial training was provided, he did not believe that the employer took sufficient continuing measures to protect the health and safety of the employees.
Damages were awarded to the claimant in respect of the injuries she sustained, however she was found to be partly responsible for knowingly cutting towards herself when advised otherwise. The award was subsequently reduced accordingly.
If you or a member of your family have been involved in an accident at work that was the fault of your employer, you may be entitled to claim compensation.
Contact The Legal Line today for cost free advice and assistance from our specialist personal injury lawyers on 0800 0328511. Alternatively, complete one of our online compensation claim enquiry forms.