Injured Worker Secures £187,300 After Machine Accident

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Matthew Clayton Profile Picture
Matthew Clayton

Partner, Serious Injury Solicitor

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Our client Tom, is a young man who was severely injured in an industrial accident at work. As a result of the accident, he was unable to achieve his career goals, meaning his livelihood has changed forever. Through the trials and tribulations with the sudden change of paths, we were able to secure the treatment he needed to recover and the compensation that he deserved.


Client Situation

Tom was working as a factory employee for a company whose premises were based in Speke, Liverpool. His work entailed operating a cardboard box-crushing machine, which sadly malfunctioned and resulted in a tragedy. His right arm became entrapped in the machine, which caused serious damage.

He suffered a complex open fracture dislocation of his right dominant elbow, which is a compound fracture and dislocation that is associated with a soft tissue injury. The fractured bone and dislocated joint then move in direct communication with the outside environment, which is when it pierces through the skin. According to the NHS, urgent surgery is required, as there is a far higher risk of infection than any other fracture.

This injury required Tom to have emergency surgery, with the prospect of needing more surgical procedures in the future. Due to the recovery time, operation, and pain management, Tom was unable to work for a total of 19 weeks. He did return for a while but then had to take a further eight weeks off due to the second surgery that was needed.  Whilst Tom recovered, there was a long journey ahead of him, so he required assistance and care in the year after his accident.

Tom’s initial life goal before working in the factory was to be a bricklayer, as he had done the initial training at college. The factory job was only taken up as an interim measure, and he had big prospects for where he wanted to be in his future career. Unfortunately, the injuries that Tom sustained in the accident in the factory meant that he could no longer get a job in bricklaying, due to the physical strain that it would put on the body. Tom was still, and will be suffering with his injuries for a long time, if not life, so his dream was cut short because of this.

Get in touch today!

To find out more about how we can help after an accident at work, get in touch with our personal injury team.

How Simpson Millar Helped

As Tom’s future was about to face a big change due to his injuries, he reached out to our Accident at Work Solicitors for a review of his case. We contacted the employer where Tom had worked at the factory, who admitted partial responsibility for the accident. They immediately did not accept that our client’s future employment prospects would be affected, which is when we needed to get medical reports on Tom’s behalf.

We sought reports from several medical specialists, including a Consultant Orthopaedic Surgeon, to calculate what would be the lasting damage, and how his life would be impacted. The employer again, did not accept these in full and reserved the right to challenge them. The medical report findings were that in Tom’s future, he may have to have an above-the-elbow amputation, but again the employer did not accept this.

We put together a financial claim that covered different aspects: loss of earnings, current and future care costs, and travel expenses due to the injury. We also calculated compensation for lost wages, which represented the difference between our client's current income and what they could have earned as a bricklayer. This calculation was from the date of the accident to their expected retirement age. The complete claim package was then submitted to the employer.

What can you claim for in a workplace accident?

When it comes to a workplace injury, and you can prove your employer was negligent, you can claim compensation for pain, suffering, and the impact of your injury on your quality of life. These are called general damages.

Your compensation settlement will also cover any financial losses you’ve suffered because of your accident at work, such as:

  • Care costs
  • Cost of medical treatment
  • Damaged clothes and belongings
  • Loss of earnings
  • Travel expenses

The Employer's Responsibilities

When at work, your employer has a legal duty to take reasonable care of your health and safety.

They must provide:

  • A safe system of work
  • A safe work environment
  • Adequate training
  • Competent staff
  • Adequate work equipment

If you think your employer hasn’t met their legal responsibilities and you were injured as a result, you could make a claim for compensation, like Tom.

The Outcome

The employer reviewed the proposal and reports that we submitted, and a counterclaim was sent via their solicitors. A meeting was soon arranged between both parties to discuss the claims and the various reports were discussed, as well as medical reports and evidence. As well as his injuries, we pointed out that our client was also suffering from mental trauma, because of the accident, which was understandable given the large amount of change that he had in his life.

We put forward every aspect of our claim to the employer and they in turn made a few counteroffers. After much discussion, our client settled out of court for the final sum of £187,300. This amount will help him going forward, paying for future treatment, and will compensate him somewhat for the future salary he may have earned, had he been able to achieve his dream career.

Contact Us

The Health and Safety Executive (HSE) reported for 2022/2023 that 561,000 workers sustained a non-fatal injury at work, and these statistics grow year on year.

If you have had an accident at work and you were injured, our specialist Personal Injury Solicitors can help you. We offer a free claims assessment with one of our workplace injury specialists, who can give you specialised legal advice and help you understand if you have a claim. 

Our expert Solicitors have helped many people who have suffered an accident at work, such as:

Call us on 0808 239 3227, for a no obligation discussion on how you can claim for your accident at work. We will speak with your employer and their insurance company to help you get the treatment and compensation you deserve.


Cadden, A. V., & Roberts, C. S. (2019). Open Fractures. StatPearls Publishing.

University Hospitals Sussex NHS Foundation Trust. (n.d.). Open Fractures.

Health and Safety Executive. (n.d.). Statistics on Causes of Injury.

Circle Health Group. (n.d.). Orthopaedic Surgery.

Matthew Clayton Profile Picture

Matthew Clayton

Partner, Serious Injury Solicitor

Areas of Expertise:
Personal Injury

Matthew specialises in Serious Injury claims for compensation including AmputationsBrain Damage and Head Injuries, and Spinal Cord Injuries.

Matthew joined Simpson Millar in November 2016, and heads our department which looks after clients who have suffered life changing injuries.

Matthew is a former Principal Lawyer with Slater and Gordon Lawyers UK. He qualified as a Lawyer in 1990, and has a wealth of experience in helping clients who have suffered a range of injuries.

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