Mr F from Burnley asked Michael Lewin Solicitors for professional legal advice regarding industrial accidents and the procedures for making a compensation claim in the UK after was injured using a machine at work.
46 year old Mr F from Burnley in Lancashire accidentally gashed his thumb on a machine at work when he tried to operate it without having been given any operating instructions.
His employer was liable for the painful injury which left Mr F with a burning inflamed laceration.
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 of the health and safety at work act 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 F’s accident typically represents the consequences of not using machinery correctly and shows how easily industrial accidents can occur; Michael Lewin made a compensation claim against Mr F’s employer in the UK on a no win no fee basis.
Section 9 of the HSW Act requires the employer to provide free of charge personal protective equipment or any other items for the safety of employees where it is required by law.
There is a great deal of legislation around pertaining to the legal responsibilities for employers to follow the general health and safety act of 1974 gives the basic minimum requirements and any supplementary advice will be available about more specific areas if required if heavy machinery is a requirement in the workplace. Compliance with these regulations should always be regarded as the barest minimum requirement which is expected from every employer by the courts if action was ever to be taken by an employee.
Michael Lewin didn?t ask Mr F for any payment up front as he was not to blame for the accident. Employers are duty bound to protect their employees against injury and not providing the necessary operating instructions is a typical example of employer negligence.
For industrial accidents compensation Michael Lewin’s industrial claim experts can help you to make a compensation claim on: 0844 499 9302.