Employer's Liablity Accident
Our client submitted a personal injury claim as a result of an accident in June 2009. Our client was acting in the course of her employment duties using a sandwich sealing machine which seals sandwich containers. To operate this machine, a hot, square lid is lifted, and the sandwich containers are placed in the bottom of the machine. Cling film is pulled by the operator from the back of the machine, over the containers and towards the operator. The hot, square lid is then physically closed over the cling film to seal the sandwich container. Our client was preparing the machine and was pulling the cling film towards herself, when the hot lid came down on her arm, causing a burn. There was no safety catch, gas struts, or similar safeguard in on or around the lid to prevent it falling down.
A claim was brought against the Defendants in accordance with the Manual Handling Operation Regulations 1992, The Management of Health and Safety at Work Regulations 1999, the Provision and Use of Work Equipment Regulations 1998, the Workplace (Health, Safety and Welfare) Regulations 1992, and the Personal Protective Equipment at Work Regulations 1992. The Defendant’s were negligent in that not only failed to make a suitable and sufficient assessment of the risks to the health and safety to which the Claimant was exposed whilst she was at work, they failed to warn her of the dangers of working with the this machine and finally, they exposed the Claimant to a foreseeable risk of injury.
Liability was admitted in full.
The Claimant is now awaiting a medical appointment with a Plastic Surgeon to report on her burns.