Mr Adam Daley, a shoe repairer and key cutter for a leading nationwide key cutting company, has been awarded £8,000 after a key cutting machine caused injury to his left hand.
In September 2009, Mr Daley was buffing a key with a rotating wire brush after it had been cut on a key cutting machine. The wire brush pulled the key that Mr Daley was holding with such force that his left hand jerked towards the machine and he caught his little finger on the key cutting blade which was rotating by the side of the wire brush.
Mr Daley received some limited first aid assistance from a colleague but was then taken to his local A&E Department. At the hospital he had an x-ray taken of his hand and then was referred to a hand specialist, where within a few days his hand was operated on. Thereafter he wore a splint and bandages as he was not allowed to bend the fingers on his left hand. Regular appointments were then arranged for him to attend a hand clinic; he also visited his GP surgery regularly where a nurse would also change his dressing. After his operation he spent approximately a period of 9 weeks off work. After the bandages were taken off he still attended the hospital for physiotherapy sessions and the progress of his finger recovery was monitored. Throughout the recovery process he experienced pain and during this period consumed painkillers regularly.
During Mr Daley’s time off work he received care and assistance from his wife by way of personal care to help him shower and dress. She also covered his share of household chores such as cooking, vacuuming, washing clothes and general tidying up. In particular he was unable to wash up dishes because his left hand was particularly sensitive even after the bandage had been removed. During the same period he was unable to play football, go to the gym, play with his children or take his children to Tai-Kwon-Do.
He continued to complete his physiotherapy exercises and assessments at the hand clinic however; unfortunately he developed a small lump at the scar area location which was monitored for some time. As he could not move his finger properly his doctors decided that they would have to cut it away and therefore he needed another operation to remove the lump. Thereafter he attended further hand clinic appointments and physiotherapy sessions and he also had to take a further 2 weeks off work while he rested his hand and received further care and assistance from his partner.
Due to his accident, Mr Daley suffered with prolonged pain and suffering. Although now he has resumed almost all of the use of his finger he still experiences some pain in his finger in the cold weather and has some restrictions in his range of movement.
It was his employer’s responsibility to ensure that he was provided with full information and training regarding the use of work equipment which was not provided to Mr Daley, when new equipment was introduced into his workplace. He only received such training after he returned to work after his accident, frankly too late. His employer strongly denied all responsibility for the accident for a few years, causing him to challenge them and issue proceedings and progress his claim through court directions. After the rejection of an initial offer to settle his claim at £6,650, just over a month away from the start of the trial window, a settlement was agreed and he was awarded £8,000 thanks to the hard work of Zaynab Awan, Solicitor at Express Solicitors and Mr Henry Vanderpump, Barrister at St Johns Buildings.
If you have suffered from injuries due to an accident at work that was through no fault of your own you may be entitled to financial compensation. For free legal advice from a specialist Employer’s Liability solicitor, and help with making your claim call Express Solicitors on 0845 456 4007.