CASE EXPLAINED: ACCIDENT IN A FACTORY CLAIM
The client had an accident in a factory. He worked as a warehouse operative. His daily duties involved moving pallets and boxes around the warehouse. On the day of the accident, he stepped out of a forklift truck, next to the production line. There were some cables on the floor next to a machine. Unexpectedly, the client was electrocuted by the machine. He fell to the ground, hitting his head against the hard surface of the floor. Other people were close by, and someone called an ambulance.
It was clear that the client could do little to avoid the accident. The cables were not properly protected, or the machine was not maintained properly. The employer had a legal duty to make sure the working environment was safe.
The Workplace (Health, Safety and Welfare) Regulations state that every workplace should be organised in such a way that employees can move around safely. In addition, under the Provision and Use of Work Equipment Regulations, employers must ensure that machinery is safe. The Management of Health & Safety at Work Regulation of 1999 confirms the employer must ensure safe environment conditions are maintained. Finally, the Electricity at Work Regulations of 1998 provides guidelines on trainings related to live wires and electrical equipment.
INJURIES: SOFT TISSUE INJURIES
Electric shock can cause muscle spasms that can even break bones in some cases. Low voltage can electrocute. 50 volts can block electronic signals between the brain and the muscles, blocking the signal may cause muscle spasm. Even a small electric shock may cause damage of an internal organ.
Our client was examined by a medical expert who reviewed medical records from the hospital and GP, in order to provide a report in support of the claim. The Consultant carried out a careful examination of the symptoms that were related to the electric shock, including:
– Muscle spasm, bone fractures
– Electrical and thermal burns
– Breathing difficulties
– An inconsistent heartbeat,
– Changes to the nervous system
When the client fell, he suffered a minor head injury from the impact with the floor. He also suffered some soft tissue injuries to his neck and arm.
WHAT WE DID
It was clear for us that wires should have been secured properly. We accepted the claim on the same day that the client contacted us, and we advised the client of the steps needed to progress through the personal injury claim process.
We submitted the claim to the employer’s insurance company, who confirmed that they would deal with our client’s claim.
We instructed a medical expert, who did not find any extensive injury. As the client hit his head against the floor, we instructed the medical expert to check that there was no brain injury – this is very important as a brain injury could cause long term problems relate to mood, cognition, and personality. This lead to a medical report which confirmed the client had brain injury.
Once we obtained the medical evidence, we valued the claim and negotiated an excellent compensation package.
If you want us to assess your claim for the accident please contact us on 0161 639 0399.
You can also find more information about the injury claim process here.
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Ismail my assigned solicitor is absolutely brilliant. He kept me in the loop during the whole process. He and everyone at Progressive Solicitors were extremely professional. Ismail’s legal knowledge was second to none. Overall a more than satisfactory outcome thanks to lsmai and Progressive Solicitors.