Injuries at work and liability of the employer ; security and negligence

[chriscrhis6]

I'm an employee who lost two fingers when I tried to clear a blockage in a machine but a guard was missing and I did not isolate the power before. As a consequence, my hand has been caught in the machine. However I'm an experienced employee who knew on how to remove blockages safely. Then, do you know which act could I use against my employer because the guard was missing ?

 

[Newchodge]

I'm an employee who lost two fingers when I tried to clear a blockage in a machine but a guard was missing and I did not isolate the power before. As a consequence, my hand has been caught in the machine. However I'm an experienced employee who knew on how to remove blockages safely. Then, do you know which act could I use against my employer because the guard was missing ?

I am sorry to hear about your injury.

See a personal injury lawyer. There are loads that will take your case on a no win no fee basis and will be able to ensure you claim everything you are entitled to.

The Health and Safety at Work Act is the primary legislation, but you need to know one heck of a lot more than the title of the legislation to do this properly yourself.

See a personal injury lawyer.

 

[Newchodge]

Actually, having re-read your post, read the cases your tutor will have pointed you towards.

 

[WaveJumper]

Sorry to hear about the accident Interesting issue though if investigated by H&S (as this was a notifiable accident was it investigated) I am sure they would have first taken issue with guard missing, then asked to see training notes and if your employer was on the ball would have a signed training records of you being told to turn machine off before clearing and blockages sometimes 'blame can be a bit blurred" as advised above you should seek advise from personal injury lawyer.

 

[fisicx]

Did your training tell you to isolate the power before clearing a blockage? Had you previously reported the missing guard? If not, was your employer aware that the guard was missing?

 

[Frank the Insurance guy]

As advised you need to speak to a specialist lawyer on this. You were aware there was no guard and proceeded to carry out the work knowing the risks.

Yes, your employer has a duty of care to employees, but you also have a duty to follow instructions for your own safety.

In my experience, a claim for injury will be made against the employer and this will be dealt with and paid by their Employers' Liability Insurance policy. It is likely that any potential damages may be reduced to take into account your own contributing factors (ie. you did something you shouldn't have done and would have been aware of the potential consequences!)

 

[NickGrogan]

If you do something that you know is wrong and dangerous, is the employer liable?

If the guard was missing and you has isolated the power, would you have been injured?

 

[Fagin2021]

I tried to clear a blockage in a machine but a guard was missing and I did not isolate the power before.

However I'm an experienced employee who knew on how to remove blockages safely.

Not sure how you reconcile these two statements?

 

[Newchodge]

If you do something that you know is wrong and dangerous, is the employer liable?

It depends.

Was it normal practice for everyone to clear a blockage without isolating the machine? Should the employer have been aware of that practice?
How long had the guard been missing? How often was a H & S checki carried out on the machine?
Was employee training genuine or lip service? etc

Broadly the employer is liable but they may have mitigation

 

[chriscrhis6]

ok thx, but do you know if it's a breach of common law v statutory duty and would permit to act for a criminal offense ? Or simply a civil liability due to breach of my employer's common law duty of care ? pls

 

[japancool]

Actually, having re-read your post, read the cases your tutor will have pointed you towards.

So is this a university assignment?

 

[WaveJumper]

I now wondering if your doing course work

 

[chriscrhis6]

courses ?

 

[fisicx]

ok thx, but do you know if it's a breach of common law v statutory duty and would permit to act for a criminal offense ? Or simply a civil liability due to breach of my employer's common law duty of care ? pls

Go talk to a injury lawyer. Give them the full facts of the case including training, procedures and company policies. There is so much missing from your opening post it’s not possible to provide a meaningful answer.

 

[Fagin2021]

So is this a university assignment?

If it is, it would have been courteous to have made that clear.

 

[WaveJumper]

And a simple use of Google may have helped

Criminal law in regard to Health and safety at work – HSE

The Health and Safety at Work etc Act 1974 is the main legislation covering occupational health and safety in Great Britain.

www.hse.gov.uk

 

[Newchodge]

ok thx, but do you know if it's a breach of common law v statutory duty and would permit to act for a criminal offense ? Or simply a civil liability due to breach of my employer's common law duty of care ? pls

Please do your own homework

 

[WaveJumper]

Please do your own homework

Yer some of us have phones to fix ???

 

[Mark T Jones]

ok thx, but do you know if it's a breach of common law v statutory duty and would permit to act for a criminal offense ? Or simply a civil liability due to breach of my employer's common law duty of care ? pls

If you want help with homework, it's a good idea to lead a discussion with your own thoughts & ideas.

Otherwise it gives the impression that you are lazy & a tad dishonest. And nobody wants to help lazy people.

 

[GSinghD]

I'm an employee who lost two fingers when I tried to clear a blockage in a machine but a guard was missing and I did not isolate the power before. As a consequence, my hand has been caught in the machine. However I'm an experienced employee who knew on how to remove blockages safely. Then, do you know which act could I use against my employer because the guard was missing

Whose responsibility is it to complete a risk assessment and make sure the machinery has the right tools in place for you to do your job ? Its your employer. I would raise this with the employer as negligence and then take it further.