Employee partly responsible for accident at work but still receives compensation


22 July, 2009

An employee at a meat factory brought a claim for personal injury after he suffered an accident at work. Part of his duties, as well as operating a mixing machine, was to clean out the bowl of the mixing machine. He was instructed that this should only be done when the machine was stationary and the interlocking mechanism of the lid was in place.

On the day in question, however, he overrode the interlock in order to clean the bowl whilst the machine was still in motion. As a result of doing so, the mixing arm began to move faster causing his right arm to get caught in the machine. The Claimant's arm was severed at the shoulder.

Even though he had explicitly forbidden the manual override of the interlock by employees, the company still bore most of the blame for not having made the interlocking device harder to override by employees using the machine at the time. His own carelessness wasn't completely ignored and because of this his damages for personal injury, namely the loss of his right arm, were reduced by 20%.

The duty on employers to take care of their employees is a high one. Forbes' personal injury lawyers have a wide range of experience and expertise handling these types of cases. Just because a person contributes to their own injury does not necessarily mean that they are not entitled to compensation.

Forbes personal injury team is made up of specialist personal injury solicitors / lawyers who offer advice on all areas of personal injury on a no win no fee basis. Whether you have had an accident at work, an accident on the street or a car accident (road traffic accident) we can provide you with expert advice on your personal injury claim ensuring you receive the accident compensation you are entitled to.


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