Lack of Correct Equipment Left Employee with Facial Injuries


An employee was left suffering with facial injuries after his employers breached their duty of care to provide equipment that is satisfactory and safe to use.

Gary Tierney | Partner, Personal Injury | Simpson Millar LLP

Partner in the Personal Injury department Gary Tierney supported him with a claim for compensation and was able to secure £5,250 for his injuries and losses.

The Events Leading up to the Injury

Gary's client was employed as a driver delivering boxes of medical supplies. On the day of the accident, the banding machine, which usually sealed the boxes with bands, was not working which meant that the boxes weren't stacked correctly.

The client further alleged that his van was too small.

The client loaded the vehicle in the usual way, but upon unloading the boxes at the destination a box fell as it wasn't stacked correctly; striking our client in the face causing facial injuries and damage to his teeth.

Gary, who is based at Simpson Millar's Wimbledon office, raised the following failures of the employer:

  • Failure to provide a safe place of work and safe system of work,
  • Failure to provide adequate training or supervision,
  • Failure to carry out a suitable risk assessment,
  • Exposing the employee to a foreseeable risk of injury or harm.

Gary shares his view of the case:

"My client's case shows that employers have a duty of care to their employees to provide them with the correct equipment that is in full working order and not defective and vehicles that are a suitable size for the delivery. Avoidable injuries like those suffered in this instance can occur if they fail to do so."

Going the Extra Mile for Our Clients

The service we offer at Simpson Millar goes above and beyond a compensation award – we help our clients to access the treatment and specialists they need to get better and move on with their lives.

Gary settled the case at a favourable £5,250 and arranged for him to be seen by a dental surgeon and for this treatment to be paid for.

As a full service law firm, we provide support to our clients every single step of the way. After a compensation settlement, it can be necessary to write a will or refresh an existing will. Gary's client went on to receive advice from our Wills and Probate team to do this.

Contact Our Personal Injury Experts

Simpson Millar's Personal Injury team have proven expertise providing personalised, individual support for people who have suffered injuries at work. Having supported a great deal of people with a huge range of different problems, our solicitors are familiar with the difficulties you'll be facing following an accident.

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