Bakery man's broken arm leads to £4,000 compensation
A Margate bakery worker has won a £4,000 claim for a broken arm
after Simpson Millar LLP proved his employer's equipment was faulty.
On 11 November 2009 an employee of Speciality Breads Ltd
was working at his usual task of keeping the inside of a bakery hopper clear of dough
Although such hoppers feature removable extensions
designed to catch excess dough, the firm's policy was that this facility should be used only with a supervisor's special permission
; the worker having been told that he should use his hands whenever dough became stuck.
Obliged to release the excess manually, he was surprised when a large lump of the dough fell on his right arm
, causing him immediate pain.
He was helped by 2 bakery supervisors, who asked him to wait in the firm's canteen until someone was available to take him to hospital. Once a maintenance employee had driven him to a local A&E, his injury was confirmed as a broken right arm
Asked to act against Speciality Breads, we were able to prove the work equipment with which our client was provided was faulty. The defendant failed on a number of health and safety counts, including failures in risk assessment
, training shortcomings and allowing our client to use machinery that was not in good repair
The defendant's insurers admitted liability
and we were able to conclude a settlement of £4,000
– all within a little over 12 months of Speciality Breads receiving our letter of claim.