Defective or Unsuitable Equipment Accident & Injury Cases

Carrs Solicitors win employee’s product liability claim

Fri, 16 Oct 2020 00:00:00 +0000

Carrs Solicitors acted on behalf of a Sales Executive who sustained injury to his lower back following the collapse of a stool provided by his employers.

Following recent changes in legislation, it is not always possible to claim against an employer as a result of injuries caused by defective equipment, although it is possible where negligence can be established and where the requirements of the Employers Liability Defective Equipment Act 1969 are met.

In this case we were able to avoid involving the employer altogether and successfully brought a claim against the suppliers of the equipment under the Consumer Protection Act 1987 which provides protection not only to consumers but to workers provided with defective equipment by their employers in the course of their work.

Upon receiving his settlement our client made the following statement

Thanks for all your help and your professional approach and advice. I felt absolutely confident in your company and approach and would recommend your services to anybody. I would like to thank you and your team for helping me to reach a successful outcome.

Carrs Solicitors win employee’s product liability claim

Wed, 25 Nov 2020 00:00:00 +0000

Carrs Solicitors acted on behalf of a Sales Executive who sustained injury to his lower back following the collapse of a stool provided by his employers.

Upon receiving his settlement our client made the following statement

“Thanks for all your help and your professional approach and advice. I felt absolutely confident in your company and approach and would recommend your services to anybody. I would like to thank you and your team for helping me to reach a successful outcome.”

Contact Carrs Solicitors or call us on 01204 496898 if you want to make an injury at work claim, you can get professional legal advice from our accident at work solicitors in Bolton.

East Riding man recovers damages for amputation injury caused by unguarded machinery.

Wed, 25 Nov 2020 00:00:00 +0000

Carrs Solicitors have recently recovered a significant damages award on behalf of a Claimant who suffered partial amputation of a finger in the course of his employment as a Service Engineer.

The accident was caused as a result of dangerous equipment not being guarded contrary to the employer’s common law and statutory duties.

The employer’s breach of their statutory duties admitted however, the employer’s insurers sought to shift 50% of responsibility for the injury upon the Claimant.

We succeeded in significantly reducing the extent of the contributory negligence to be factored in, with the insurers ultimately agreeing to settle the case on the basis of an overall 85% liability apportionment in our client’s favour.

We were also able to secure the most authoritative medical evidence and expert Counsel to secure the best possible settlement for our client.

Having the best arguments in relation to contributory negligence in employer’s liability claims, the best Counsel and access to the best experts, gave us a clear advantage in this case.

The Claimant made the following comment “Thank you for all your hard work over the last two years, you called it spot on. I wouldn’t hesitate to use or recommend you. All the best for the future.”

Contact Carrs Solicitors or call us on 01204 496898 if you want to make an injury at work claim, you can get professional legal advice from our accident at work solicitors in Bolton.

West Country Mechanic recovers substantial damages following a toe crush injury as a result of unsuitable work equipment.

Wed, 25 Nov 2020 00:00:00 +0000

Carrs Solicitors recently settled a case for a five figure sum in relation to a claim by a Cornwall based mechanic who sustained an open fracture of the forth toe of his foot, as a result of the employer’s failure to provide suitable lifting equipment for the removal of an engine weighing over 500kg.

The nature of our client’s injuries was such that medical opinion from three different areas of expertise was required.

At Carrs Solicitors we are not contractually bound or otherwise tied in with medical agencies. This means that we are free to select the most authoritative medical experts of our own choosing to ensure that the client gets the best medical opinion, and we have the best chance of obtaining a full and reliable diagnosis and prognosis so as to fully evaluate our client’s damages before a settlement or court assessment.

In this case the insurers fully co-operated and a very reasonable settlement was agreed on the strength of the medical experts’ opinions that were submitted.

Contact Carrs Solicitors or call us on 01204 496898 if you want to make an injury at work claim, you can get professional legal advice from our accident at work solicitors in Bolton.

Carrs Solicitors recent Manual Handling Claims

Wed, 25 Nov 2020 00:00:00 +0000

In two recent cases Carrs Solicitors have won significant compensation for workers involved in accidents resulting from unsafe systems of work for heavy lifting.

In one case the client had to manually lift heavy components used in the construction of goods vehicles from the flatbed of a trailer, one of which fell onto his foot causing a serious fracture.

In another case we acted for a construction worker who sustained serious hand injuries as a result of a stack of girders collapsing due to poor organisation and the failure of the employer to provide suitable lifting equipment.

The Manual Handling Operations Regulations 1992 require employers to avoid the need for manhandling heavy items whenever this does not require grossly disproportionate expense and elsewhere to reduce the risk of injury from unavoidable manual handling to the lowest level reasonably practicable.

Employers owe a duty of care to their staff but in each case the employer failed to take the most basic measures to create safe working conditions for their staff.

Contact Us

If you have been injured after lifting or carrying large or heavy items at work, get in touch with the specialists work accident solicitors at Carrs to make a compensation claim. Call 01204 496898 today or fill our online contact form.

Carrs win personal protective equipment cases

Wed, 25 Nov 2020 00:00:00 +0000

Carrs Solicitors have recently won two cases involving failure to provide protective equipment.

Employer fails to provide safety equipment

In one case Mr R who works in the construction industry sustained a serious hand wound due to his employer’s failure to provide suitable gloves. His job required him to repeatedly lift heavy objects over a sharp edged security perimeter fence without being supplied protective gloves. He sustained an extensive laceration that exposed the first joint of his thumb.

Employers must provide (and pay for) personal protective equipment under the Personal Protective Equipment at Work Regulations 1992.

Personal protective equipment or PPE must be issued to the individual employee and a register should be kept to prove this and records kept of periodic inspections to ensure that the equipment is replaced when necessary.

Employers can be quick to deny liability where the employee has not made use of issued PPE but the equipment issued must be suitable and sufficient and employers must set the standards by requiring it to be put to use and to ensure that safe working practices are followed.

Inadequate work equipment

We have also recently won compensation for a factory worker Mr S who sustained a severe laceration to his foot due to the inadequacy of work boots provided by the employer at a glass production factory that were incapable of protecting the wearer from the shards of broken glass that were frequently encountered.

The regulations provide that the PPE provided must suitable and sufficient. A risk assessment must take place to identify the PPE needs of the employees which must be thorough enough to give positive thought to the types of hazard that the worker might foreseeably be exposed to in their particular work.

It is worth adding that the courts regard PPE as a last line of protection and that an employer who allows workers to face avoidable danger in the workplace will not be absolved from legal responsibility by making PPE available: wherever it is reasonably practicable, the risk of injury must be eliminated at source.

Contact Us

If you have been injured as a result of your employer failing to provide personal protective equipment's at work, get in touch with the specialists work accident solicitors at Carrs to make a compensation claim. Call 01204 496898 today or fill our online contact form.

Carrs Solicitors win Occupational Asthma compensation claim

Wed, 25 Nov 2020 00:00:00 +0000

Carrs Solicitors have recently won a claim for compensation for Baker’s asthma on behalf of a client who worked at the in store bakery of a large supermarket.

The employers had failed to provide suitable personal protective equipment and had failed to install effective extraction equipment required in the dusty atmosphere where the client was required to work.

Specialist medical opinion disclosed that the client had an intolerance of some of the chemical additives used in the baking process and this had a damaging effect on the client’s health.

On service of the relevant medical evidence, we were able to secure a negotiated settlement on an amicable basis with the Defendant’s Solicitors.

Carrs win £39k for client in contested finger amputation claim

Wed, 25 Nov 2020 00:00:00 +0000

Carrs Solicitors have acted on behalf of a manager of a print works who sustained traumatic finger amputation due to the employer’s unsafe working practices.

Our client was inspecting machinery that was fitted with a key which was intended to isolate the equipment in question when removed. Before undertaking his inspection of the roller in question, our client had noted that the key had been removed from the position required to operate the machine. He therefore believed the machinery to be safe. It transpired however that a second key had been in use on the shop floor which enabled the machinery to be turned back on, leading to an entrapment.

Liability was disputed and the employers and their insurers blamed our client claiming that he had been reckless and alleged that he knew about the second key and should have checked.

The employer's insurance company appointed solicitors and denied liability. The employer also withheld important documents and denied that the accident had ever been reported to the Health and Safety Executive (Employers are obliged to report all serious injuries and any accident resulting in over three days sick leave).

Carrs Solicitors made successful applications to the court for disclosure of evidence and to the HSE under the Freedom of Information Act 2000 for records of the employer's report and of the investigation that followed. The withheld records showed that the company had been found to have operated an unsafe system of work and had been served with improvement notices in relation to its unsafe practices by the HSE.

We argued against the defendant’s stance and against the assertion that the claimant future career would not be impacted by his injuries.

The employer’s representatives put forward an offer to settle the claim for £30,000 and on our advice this sum was rejected. Carrs Solicitors served court proceedings upon the employer who refused to negotiate further until one month before the case was due to go to trial when the defendant to pay the client £39,000.

Contact Carrs Solicitors

We have years of experience dealing with factory accident related cases, contact our expert team of solicitors by calling 01204 496898 today and arrange a home visit from one of our specialists to discuss your claim. Alternatively you can fill in an enquiry form and we will be in touch as soon as possible.

Carrs Solicitors settle a scalding compensation claim

Wed, 25 Nov 2020 00:00:00 +0000

We acted for a young worker in the catering industry who suffered severe scalding injuries after being asked to carry boiling water from a water boiler used to make hot drinks to fill a very large pan before tipping it into a bucket for the purpose of cleaning.

Our case focused on the fact that this method was in breach of the employers duty of care which required the employer to institute, operate and enforce a safe system of work.

Following an initial denial of liability, the insurers eventually agreed to settle the case and we were able to secure compensation after taking advice from a consultant plastic and hand surgeon in relation to our client’s injuries.

Contact Us

If you have suffered a burn of any severity in the workplace that wasn’t your fault, contact Carrs today on 01204 496898 to speak to a friendly and professional personal injury solicitor who will assess your case.

Carrs Solicitors settle traumatic amputation compensation case

Wed, 25 Nov 2020 00:00:00 +0000

We recently settled a traumatic amputation case for a six figure sum that was more than twice the amount initially offered by the solicitors appointed by the insurers of our client’s employer.

Our client suffered a traumatic lower arm amputation and degloving injury whilst working with machinery that had not been guarded.

This case focused on how large companies - whilst obviously sympathetic and shocked by an appalling injury to one of their employees - often move very quickly to protect their own financial interests against those of the person who is injured, creating a very obvious conflict of interest.

The claimant was airlifted to hospital with life threatening injuries following his accident. The same day he had to be transferred to another hospital capable of providing the requisite surgery and before he arrived there, the insurance company of the defendant had already sent its lawyers to the site of the accident to begin taking statements and preparing documentation. Because of the early involvement of the Defendant's Solicitors, much of the accident reporting and investigating documentation was never disclosed to us as the Defendant was able to rely upon the doctrine of legal, professional privilege

The claimant accepted our advice to reject the defendant’s original offer and to allow time for the case to be fully investigated, for his injuries to be adequately treated and final medical reports to be obtained.

As a result the damages awarded were more than twice the amount originally offered and despite the tensions created by having to assert our client’s rights, he was able to return to alternative suitable employment with the same employer.

Contact Us

If you would like to speak to an experienced serious injury lawyer regarding a potential serious injury compensation claim, call John Carr at Carrs Solicitors on 01204 496898 during or out of office hours, or e-mail us.

Worker wins compensation for hearing loss after exposure to excessive noise thirty years earlier

Wed, 25 Nov 2020 00:00:00 +0000

We recovered damages on behalf of a former iron foundry worker who developed noise-induced hearing loss as a result of his exposure to excessive noise three decades previously.

The case centred on the failure of his then employers to provide adequate hearing protection.

The case proved quite complex in that the company that had inherited all assets and liabilities from the original employer had subsequently been dissolved and struck off the company’s register. An application had to be made to the High Court to restore the company, and the company’s insurers were traced through the Association of British Insurers on our client’s behalf.

Expert evidence had to be secured from a consultant engineer and a consultant ear, nose and throat surgeon. The defendant also called evidence from their own ear, nose and throat consultant.

The case eventually settled shortly before it was due to go to trial following protracted litigation. Compensation was paid to the claimant from each of the defendants.

Contact Carrs Solicitors

Speak to a specialist at Carrs Solicitors on 01204 496898 or e-mail us. Home visits can be arranged within 24 hours.

Carrs Solicitors win a work at height accident case at Bolton County Court

Wed, 25 Nov 2020 00:00:00 +0000

Our client had been required by his employers to operate a cherry picker mobile elevation platform. He was using the machine to gain access to an industrial roller shutter in an attempt to diagnose a fault with the shutter.

Due to his close proximity to the shutter and lack of training in relation to the use of the cherry picker, the claimant sustained an entrapment injury which resulted in a fracture to his wrist.

At the trial, the court found that the employers were at fault for not ensuring that there was a sufficient barrier between the claimant and the moving parts of the machinery, and that the employer’s risk assessment was insufficient and had failed to take adequate account of the claimant’s lack of training and experience. Damages were awarded to the claimant following trial.

Contact Carrs Solicitors

If you have been injured in a fall from height at work, contact the specialist work accident lawyers at Carrs Solicitors to make a compensation claim. Call 0800 587 0746 today or fill our online contact form.

Home visits can also be arranged with 24 hours notice.

Carrs Solicitors win back injury compensation claim for claimant

Wed, 25 Nov 2020 00:00:00 +0000

Carrs Solicitors have recently recovered £7,250 in compensation for an accident at work which led to a back strain for a Senior Healthcare Assistant from Wallasey after the care home she worked for refused to negotiate until just weeks before the claim was due to go to trial.

The back injury was caused by the client having to support an elderly resident in order to prevent her from falling. The resident had not been re-assessed for manual handling purposes for several months and during this time her condition had deteriorated to the point that a hoist should have been provided.

When the accident was reported the care home failed to investigate it or to notify the Health and Safety Executive and original witnesses could not be traced. The Healthcare Worker appointed Carrs Solicitors because she wanted a firm of solicitors specialising in accident at work and workplace personal injury compensation claims.

Carrs Solicitors took the home to court on a no win no fee basis and succeeded in pressing for disclosure of the care records of the resident concerned under an exception to the Data Protection Act 1998. The care home decided to settle the case on the Health Care assistant's terms within two months of this.

Contact Carrs Solicitors or call on 01204 496898 if you want to make an injury at work claim, you can get professional legal advice from our accident at work solicitors in Bolton.

Carrs Solicitors win a claim for a factory worker from Preston

Wed, 25 Nov 2020 00:00:00 +0000

Carrs Solicitors has represented a 63 year old factory worker from Preston who suffered a severe crush injury to his arm, which became entrapped due to a defective machinery accident at his workplace.

If an accident is caused by defective work equipment the Court of Appeal has ruled that this is to be treated as in breach of an 'absolute' obligation under the Provision and Use of Work Equipment Regulations Stark v Post Office [2000] ICR 101.This meant that we were able to establish liability very early on without having to consider expert engineering opinion.

Our client suffered a compound fracture of the right humerus significant soft tissue injury to the forearm and required surgery resulting in scarring and a lengthy recuperation and early retirement. We instructed an eminent upper limb specialist whose opinion assisted in our negotiations with the insurers.

The insurers offered to settle the claim for £50,000 Carrs Solicitors advised our client to reject this and secured a negotiated a settlement of the claim for a total sum of £72,500 plus the cost of therapy to assist in the recovery process.

Contact Carrs Solicitors or call 01204 496898 if you want to make an injury at work claim, you can get professional legal advice from our accident at work solicitors in Bolton.

Print factory manager wins £39k compensation for an industrial accident

Wed, 25 Nov 2020 00:00:00 +0000

Carrs Solicitors has represented a 44 year old print factory manager from Essex in his claim for compensation for industrial injuries sustained in a printing factory accident.

The accident occurred when our client became entrapped by heavy rollers due to an unsafe system of working operated by the plant which effectively allowed the safety systems that he had relied upon by our client to be overridden.

As a result of the accident, our client suffered partial amputations of two fingers of his non-dominant hand. The employer's insurance company appointed solicitors and denied liability. The employer also withheld important documents and denied that the accident had ever been reported to the Health and Safety Executive (Employers are obliged to report all serious injuries and any accident resulting in over three days sick leave).

Carrs Solicitors made successful applications to the court for disclosure of evidence and to the HSE under the Freedom of Information Act 2000 for records of the employer's report and of the investigation that followed. These showed that the company had been found to have operated an unsafe system of work and had been served with improvement notices in relation to its unsafe practices by the HSE.

The employers insurers offered to settle the claim for £30,000 and on our advice this sum was rejected. Carrs Solicitors served court proceedings upon the employer who refused to negotiate further until one month before the case was due to go to trial when it agreed to pay the client £39,000.

Contact Carrs Solicitors or call us on 01204 496898 if you want to make an injury at work claim, you can get professional legal advice from our accident at work solicitors in Bolton.