We have been acting for a client in Swindon (aged 33) who was involved in an accident at work during September 2019 sustaining a serious personal injury.
Briefly, at the material time, our client was working as an Engineer at his employer’s customer’s premises. On the day in question, he was inspecting a stainless steel panel which was suspended in the air. This was attached to a vacuum lift being held in position by a crane. Suddenly, the stainless steel panel fell to the ground catching our client’s left forearm causing a deep laceration to his forearm and to the tendon of his middle finger. He required immediate hospital treatment including surgery on his left arm. He was off work until December 2019 when he returned on light duties only.
Legal case against the Defendant
It was our case our client’s injury was caused by the negligence of the Defendant or its employees in that they negligently:-
- Failed to ensure that lifting equipment, namely the vacuum lift, was of adequate strength and stability for the above load.
- Failed to ensure that the above lifting operation was properly planned by a competent person appropriately supervised and carried out in a safe manner.
- Failed to ensure that work equipment was so constructed or adapted as to be suitable for the purpose for which it was used or provided, and in selecting the above work equipment, failed to have regard to the risks to health and safety in the conditions in which that work equipment was to be used.
- Failed to ensure that the work equipment was maintained in an efficient state and in efficient working order and in good repair.
- Failed to ensure that the work equipment was inspected at suitable intervals to ensure that health and safety conditions were maintained and that deterioration could be detected and remedied in good time.
- Failed to take measures to ensure that any risk to the health and safety of our client from articles falling or being ejected from the above work equipment or the rupture or disintegration of parts of the work equipment or the unintended discharge of any article from the work equipment was prevented.
- Failed to take suitable and sufficient steps to prevent the fall of any material or object so as to prevent injury to our client.
- Failed to prevent our client from being struck by any falling object.
- In the circumstances failed to provide for our client safe plant and equipment or a safe system of work.
A Letter of Claim was submitted to the Defendant’s insurers and liability was admitted.
Fortunately, our client regained a good range of movement in his arm although he still complains of some minor residual symptoms. He also finds the scarring unsightly. Our medical expert’s evidence is that he should continue to improve in the future and in time, should make a complete or near complete recovery from his injuries.
After protracted negotiations, the parties were able to agree upon a settlement without the need to issue proceedings. We assessed damages for pain and suffering at £14,500.00 and the balance of the claim was for his loss of earnings and other miscellaneous expenses.
S J Edney solicitors obtained compensation of £21,500.00 for this client during 2021