Mr R from Cheltenham made a claim for a shoulder injury sustained at work because of an accident which wasn?t his fault; Michael Lewin have dealt with claims similar to Mr R’s before and accepted his case in the UK on a no win no fee basis.

Mr R was 42 years old when he was hit on the shoulder by an excavator at work. The accident left Mr R in pain through no fault of his own. He spoke to solicitors at Michael Lewin who didn?t ask him for any money up front when they took on his claim against his employer.

Adequate information training and instruction is required for all workers but this is not a set amount. This will be dependent on the age and competency of the employees; for new processes or young/inexperienced employees the supervision will need to be on a far more frequent basis than for established working procedures. Also training to use a computer can allow mistakes which will not be costly in terms of employee’s physical well-being but mistakes cannot be allowed to happen when younger workers are in charge of welding equipment or large electrically powered blades.

Section 3 requires the employer to ensure that people not employed but who could be affected by his operation are not placed at risk. The general public customers visitors or contractors attending the site might need training or supervision to minimise the risk to their health and safety while on site or relevant personal protective equipment (PPE) along with training on how to use it correctly may need to be provided.

Mr R made his claim for a shoulder injury at work in the UK he was not asked to pay any money up front as Michael Lewin recovers their fees from the third party leaving Mr R with all of his compensation. Mr R was awarded £4588.46 in compensation for his painful experience.

Employers have to make sure that all safety measures are covered in the workplace and there are no hazards which are a risk to staff. Many employers feel concerned that the entire onus for health and safety is on their shoulders. They worry that if employees have interfered with equipment or refuse to wear the correct clothing they are fully responsible. Sections 7 and 8 of the health and safety at work act deal with these concerns.

Section 7 states that employees must not endanger themselves or others by their acts or omissions. In addition they must co-operate with their employers as long as this co-operation does not lead to an increased risk to health and safety or is an illegal act so that the employer can comply with their statutory duties thereby making the responsibility for safety a joint effort between employer and employee.

Section 8 states that no person (i.e. not just employees) shall knowingly intentionally or recklessly misuse abuse or interfere with anything provided in the interests of health and safety. Machine safeguards clearly fall under this section. It therefore follows that should any member of staff be found to be interfering with these devices and they have been provided with the necessary information training and adequate supervision to use the machine correctly disciplinary action should follow.

If you think you have a claim for a shoulder injury at work and are seeking compensation the UK call Michael Lewin on: 0844 499 9302.

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