Q1: I was injured in accident at work. My hand got caught in a wood cutting machine and I lost the top of my finger. There was a guard on it but my but there was a gap.. I have done this hundreds of times without a problem. I feel a bit stupid for having done this. I don’t know whether I should make a claim against my employers. I don’t want to fall out with my boss but I haven’t worked from the date of the accident and feeling a bit depressed.
A1.. The employer will be liable in terms of the Provision and Use of Work Equipment Regulations 1998. The Regulations are designed to protect workers in precisely these circumstances. The law acknowledges that the risk of injury cannot be completely excluded and that humans do make mistakes. You should bear in mind that this will not be a personal matter between you and your employers. The matter will be dealt with by an insurance company and your employer would expect you to make use of the policy in these circumstances. You may have a permanent disability and may suffer a loss of earnings in the long run. Your employer may not be able to find you suitable duties on your return. You may also be in need of rehabilitation to help you regain the function of your hand. You need a lawyer who is able to fund medical evidence to help you maximise the value of your claim. You also need a lawyer who is able to fund private physiotherapy and occupational therapy to get you back into work. You should also check that your lawyer is prepared to fund a report from a psychiatrist in relation to the shock and low mood you have suffered. If your lawyer is unable to get these reports, it is unlikely that you will receive full compensation.
Contact Nicholas J. Scullion & Co, Solicitors. We are working in Partnership with the award winning Compensate Network and are now able to meet all your legal needs under one roof. Call 01698 283 265 to discuss your possible claim. http://www.scullion-law.co.uk/. Email Valerie@scullion-law.co.uk or brian@scullion-law.co.uk
