I read with interest today, in the Westmorland Gazette, that a worker from Kendal has received £300,000 in compensation having had his hand compressed and permanently damaged by some machinery whilst at work back in June 2008. It would appear that the unfortunate Mr Miller will never recover from his injuries having had his hand pulled into a work machine. He suffered burns and ripped nerves and has had to have reconstructive surgery. The Westmorland Gazette reports that Mr Miller was attempting to fix the machine when he got his sleeve caught in the machine and was subsequently pulled towards it, suffering this horrible injury. Mr Miller states that his hand swelled up like a boxing glove and turned green, burned, and bloody while I waited for the air ambulance.
Mr Miller would have been due £375,000 in compensation, but his employers successfully alleged contributory negligence. It was said that Mr Miller had chosen to work by himself and also chose to remove the guarding off the machine which was contrary to health and safety policy. As such, because the accident was partly his fault, Mr Miller received £75,000 less compensation.
Contributory negligence is a term that we often come across here at The Injury Lawyers. If the other side believe that you are in some way responsible for your accident then they will allege contributory negligence. As such they may attempt to settle your claim for less than the whole compensation you would normally be entitled to. It is therefore of key importance that if the other side allege contributory negligence, you seek the advice of an experienced injury lawyer. They will be able to advise you as to whether you should accept a reduction in your compensation. At the end of the day, should you not seek advice, you may get less compensation than you deserve, which surely you would not want?
Furthermore, it is important to know that under the Health and Safety at Work Act 1974 your employer must ensure your health and safety is not compromised. That is, they must properly train you and provide you with the right equipment. So, if you have been injured at work and you believe your employer did not carry out their duty to protect your health and safety, you must contact a quality injury lawyer so that they can advise you on your potential claim for compensation.
