£5,243 compensation for yardman who suffered crush injury
Simpson Millar has won a personal injury claim for a yardman who suffered a crush injury to his thumb
Our client was working in the yard at a specialist construction firm, when he tried to lift an individual slab
from an incorrectly stacked pile.
On the day in question, a yardman had taken a delivery of slabs and the delivery driver was directed as to where to drop them off. The slabs should have been stacked with a slight lean
, but on this occasion they had been stacked straight.
It was understood that complaints had been made prior to the crush injury, as stacking slabs straight makes it very difficult to lift individual slabs. This then causes the stack to wobble
when individual slabs are being removed.
Our client tried to lift one of the slabs and his thumb became crushed by the other slabs
, causing a crush injury. Skin had also become removed, leaving bone exposed
He sought treatment at hospital, where it was confirmed that he had sustained 6 broken bones in his thumb
Our client’s anticipated recovery from the accident was over 3 years.
We issued a personal injury claim for damages on behalf of our client to his employer, stating that they had failed to provide and implement a safe system of work
. This included allowing our client to come in to contact with a dangerous object, which was foreseeable and avoidable.
We also alleged breaches of Health and Safety at Work Regulations 1974 and 1999 and Personal Protective Equipment at Work Regulations 1992. This included failing to comply with the general duty as an employer
to ensure the health, safety and welfare of all employees and a failure to make a suitable assessment of risks to the health and safety of our client.
On behalf of our client we were able to negotiate an initial settlement of £4,240 up to a final compensation settlement of £5,243
Alison Mills, Personal Injury solicitor at Simpson Millar, commented: "We believe our client received the correct compensation settlement for his injuries. We negotiated an increased settlement to allow our client to undergo necessary hand therapy
for his recovery."