Personal injury advice from
Thompsons Solicitors
Missing Machine Guard Causes Workplace Injury
15th December 2006
Our lawyers recently made a successful compensation claim in respect of an employee’s accident at work, where his fingers were badly injured due to a missing guard on a machine.
Accident at Work
The gentleman was using a planing machine at work, when some of his fingertips were sliced off as a guard was missing from the machine.
He had used a similar machine in the past with a guard, but the accepted practice at his workplace was to use the machine as it was, without the guard fitted.
Employer Found at Fault
The defendants denied liability for the incident, stating that they had the machine regularly inspected and it had been passed as safe for use without a guard. They argued that there was no other way to carry out the job and they had reduced the risk of injury to a minimum.
The Judge found in favour of the claimant, as the company had breached regulation 11 of PUWER (Provision and Use of Work Equipment Regulations) by failing to provide work equipment that was sufficiently safe. There was no contributory negligence on the part of the claimant, as he was carrying out his work in the manner directed.
Personal Injury Claims
If you or a member of your family has been injured in an accident at work that was caused by the negligence of someone else, for example due to unsafe machinery as here, you may be entitled to make a personal injury claim.
The Legal Line’s lawyers are specialists in all areas of personal injury and can provide expert advice and assistance throughout your claim. Contact us now on 0800 0328511 or by completing a compensation claim enquiry form online
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