The Claimant was employed as a machine operator by the Defendant and whilst acting in the course of his employment was required to use a circular saw to manufacture pine furniture at the Defendants premises. The Claimant was using the saw when his hand was pulled into the mechanism. The Defendant robustly defended the matter and attempted to argue the Claimant was not working at the time of the accident and was not on the premises. We utilised the services of an excellent private investigator and undertook covert surveillance to disprove the Defendant’s allegations. We then successfully argued that the machine was faulty and that it carried excessive vibration and that it was not fitted with any safety guard. We successfully relied upon provisions in the Workplace (Health & Safety Welfare) Regulations 1992, Provisions and Use of Work Equipment Regulations 1998, The Management of Health and Safety at Work Regulations 1999 and the Occupiers Liability Act 1977. The claimant sustained a serious and significant injury to one finger which was severed in the middle and lost the tip of another, we obtained medical evidence in support of the injury claim and outlined a detailed schedule of loss for the Claimant’s past and future loss of earnings, despite no payslips being available. The Claimant was successful in recovering in excess of £75,000.00 in a settlement.
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