Employee Injury Claim

[ChinChin]

One of our employee had an accident were his finger was cut off.

Now problem is that he was relative he did not have employment contract nor we had any insurance at that stage.

On the claim he has stated that machine fell and cut his finger. Which is not true. Finger was cut when he pulled something away from machine and turned the wheel himself.

What I need to know is can injury claim be made if defendant does not have insurance

And the claim which he has made is completely different to how the accident happened.

 

[LawHound]

Yes a claim can and most likely will be made whether you have the insurance in place or not. The claim can be made against you and your business. You need to take legal advice as soon as possible as there are other legal issues here involving health and safety breaches - take advice early on with a local solicitor to you who specialises in work place accidents.

 

[paulears]

Losing a finger falls under the notifiable incident rules, so you could find yourself in deep water. As an employer, you seem to have got a few things wrong, and remember that loss of a finger can cost you a lot of money.

You need to watch everything you say, and in these incidents, going onto an internet forum can be a real problem, because it spreads quickly. Something fell on the machine. Could this be your fault? He was able to turn the 'wheel' - was this also something he should not have been able to do? What about his training? They'll want to see your safety training evidence. You need proper advice straight away. Did the HSE investigate? They usually do when a limb, or part of a limb is lost? This assumes you notified them. Loads of holes to jump in here.

The good news is that losing a finger costs less in compensation to having a long term painful injury. Twelve to fifteen grand is typical. He was, of course, in your care when it happened - have a look at the HSAW documents.

 

[smallclaimsassistance]

Also remember that YOU have an obligation to report certain injuries to the HSE under theRIDDOR regulations, and this injury is one of those reportable events.

As stated above loss of a finger is not the most expensive of injuries, but it is not the loss of the finger itself which may be the most expensive part of the claim, but any resultant ongoing loss, such as lost earnings or care. For example, if the injury directly results in an inability to work, or even to find work, the claim could include lost earnings for the duration of the period without work.

Two final points, the absence of a written contract does not in any way diminish his rights as an employee, and you would be well advised to to get liability insurance now, if you have not already done so. As stated above, your absence of insurance does not negate his right to claim, and could cause your business big problems if his claim is successful.