A factory worker who’d recently completed his apprenticeship had his leg crushed in an accident at work due his firm failing to provide a safe system of work.
The man, who was 21 at the time of the incident, had to undergo emergency surgery for his serious injuries and has since had a further ten operations to save his leg from amputation.
The firm, which admitted full liability for the accident in 2021, agreed a compensation package of £400,000 in an out-of-court settlement. He recalled:
It was a full-steam-ahead kind of place to get the orders out of the door. There were tight quotas, strict deadlines and a general lack of health and safety measures – I’d never seen a risk assessment while I was there.
The injuries turned my life upside down; even now four years later I’m still not quite there yet, it’s been really tough on me and my family.
There were no risk assessments
The man from Hull in East Yorkshire started as an apprentice at the fibreglass manufacturers after completing an engineering course at college.
On the day of the accident, he was transporting an order weighing 200 kilos on a trolley with no supporting sides.
The weight of the load caused the wheels to buckle, and the fibreglass toppled, catching the man’s leg as it fell to the floor.
The pain was massive and unfortunately I was conscious waiting for the ambulance to arrive, it took 45 minutes, and I could see my injuries.
At Hull Royal Infirmary he underwent an emergency operation as the accident had torn an artery in his leg. He was discharged home weeks later to be looked after by his family, returning for further operations for muscle and skin grafts, metal supports and later physiotherapy, as well as to see a psychologist for his mental health injuries which included post-traumatic stress disorder (PTSD).
I think part of the reason I had the accident was because of my age. I didn’t have the experience or understanding of the dangers. There were no risk assessments that I was aware of, I certainly wasn’t asked to do one.
You were expected to learn on the job, from word of mouth from more experienced people rather than have proper safety training – it was definitely inadequate.”
The man described the workplace as packed with industrial machinery and “crammed” and there was a lack of the ‘right tools for the job’.
“The load on the trolley was not secure and it also couldn’t support it, it wobbled, the wheels buckled, and it collapsed.”
Employers have a duty to provide a safe system of work
After returning home he and his family decided to seek legal advice and contacted Hudgell Solicitors’ accident at work specialist team who helped appoint a manager to oversee his rehabilitation and secure an early interim payment to help him financially.
Senior Solicitor David Sears, who specialises in high-value serious injury claims, oversaw the man’s successful damages settlement.
“These were terrible injuries for a young man to suffer, they could have ended his career and there was also a real danger that he would lose his leg.
In our investigation we immediately looked at the safety culture of his employers. Everyone should feel safe going to work regardless of their age – employers have a duty to provide a safe system of work, but here we found that wasn’t the case.
The trolley he was using was not fit for purpose; the company had failed to make any adequate risk assessment of the method of transporting the panels and also failed to warn our client of the risks of moving the trolly with the panel loaded in the manner it was. There was a clear risk of the load falling.
There was no adequate care for the safety of our client and there was foreseeable risk of damage or injury of which they knew about or ought to have known about.
Rehabilitation programme
As well as breaking his leg in two places, the man developed compartment syndrome – an increase in pressure inside a muscle, which restricts blood flow and causes pain.
His recovery was also complicated by the development of osteomyelitis – inflammation or swelling that occurs in the bone and his mobility was severely restricted.
Hudgell’s serious injury team appointed a case manager to oversee a comprehensive rehabilitation support programme with a team of experts who placed a focus on ensuring support was continually adapted to his needs as they changed throughout his recovery.
This includes physiotherapy, vocational therapy assessment and gym membership. He was also referred to a specialist Orthopaedic Surgeon in London for review and advice given his complicated medical situation.
“It’s taken three years of my life and led to depression. It really did turn it upside down. I’m better, but still not quite there yet.
The rehab was pretty important to me, it was a proper package of support and got me to maintain a level of fitness and the support of psychologist was massive; I got seriously depressed and the support helped me come to terms with the accident, the injuries and got me through it mentally. My outlook now is pretty positive.
I’m looking to return to work but I’m not yet sure what I want to do this time maybe go to university to further study engineering or possibly a complete change.
Hudgells was our first choice and they have been fantastic, yes it’s been lengthy and complicated but I was more than satisfied with the outcome. I feel like I was also mentally supported too.”
Senior Solicitor Mr Sears said: “There have been many ups and downs for my client and his family, but he has persevered with the help and input from his rehabilitation team.
“As a young man with the rest of his life ahead of him, it is really pleasing to see where he is now, planning a new future. We wish him all the best and we are always here if he should need us for help and advice.”
What is an accident at work?
An accident or injury in the workplace could be anything where you’ve suffered physically that could have been avoided.
Claiming compensation for a work-related injury can help you get your life back on track by reimbursing you for lost earnings and expenses due to your injury as well as compensating you for your pain and suffering.
Learn more: Experts in Accidents & Injury at Work Claims
