Injured Worker Secures £187,300 After Machine Accident

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:

• Accidents involving broken or dangerous machinery
• Building and construction site accidents
• Falls from height
• Manual handling accidents (lifting or carrying)
• Struck by a moving object
• Slip and trip accidents

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.