We were instructed by our client to assume conduct of his case from existing solicitors who had not progressed the matter on liability or accessed any rehabilitation for him for a partial hand amputation.
The incident circumstances
Our client, aged 62 at incident date and aged 64 at settlement, was employed as a fabricator/welder working in a marine shipyard. On the day in question he arrived at work to use a piece of machinery called a “pillar drill” to cut through aluminium sheets. This piece of work due to the shape of the aluminium sheet necessitated it not to be clamped down on the machine vice which was a working practice accepted by the employer. There was no safety guard or emergency stop button on the machine. Our client was wearing standard rubber gloves with a cotton back.
As our client was working the machine the aluminium sheet rose up the drill bit, at the same time as part of the sheet caught the cotton on his glove and dragged his right hand into the drill causing the injury.
Liability in the case
The key allegation against the employer was endorsing an unsafe working practice with a machine absent a guard and stop switch, Also, the gloves, which contributed to the incident, were not “gauntlets”.
Having engaged with the Insurer for the employer they admitted full liability with no allegation against our client of contributory negligence.
The extent of the injury
As a result of the incident our client suffered partial amputations to the middle, ring and little finger on his right hand of which each amputation went farther up to the knuckle creating a sloping affect. Our client was initially admitted to Accident & Emergency where his wounds were treated before transfer to an NHS plastics team.
The affect of the injury
Our client was right hand dominant so the loss of function caused by the absent fingers caused a profound affect on his ability to resume his work, to undertake DIY around his home, to care for his disabled wife, affected his hobby of riding motorcycles, and cosmetically caused his young grandchildren upset when they came to visit.
What did Moore Barlow do?
Having met with our client, spoken with his family, we gained a good insight into how the loss of the fingers were affecting our client’s quality of life. As such, we obtained expert evidence from a plastic surgeon and also an expert in prosthetics to assist us to understand what our client may benefit from to rebuild his life. We then approached the employer’s insurance company to ask that they work with us to access the recommended therapy and equipment to assist our client which they agreed to do at their cost under the Rehabilitation Code 2015.
Over a period of time our client had access to private treatment which included hand therapy, desensitisation techniques, and aids around the home to improve his situation. He also visited Dorset Orthopaedics Ltd, a leading provider of prosthetics, who delivered PIP Drivers’ which fitted to the remaining stumps to improve function in the hand. Our client found these very helpful in forming a grip that assisted him with work, DIY and his motorcycle.
Also, Dorset Orthopaedics Ltd provided silicone cosmetic fingers that our client could wear on the stumps of the middle, ring and small finger of the right hand. Whilst these did not have a function they gave the appearance of his uninjured hand meaning his grandchildren were more at ease when visiting and he could wear them for social occasions. Two sets of silicone fingers will be available to the client at any one time to allow for tanning of the hand as illustrated in this photo.
My case was dealt with by Matthew Claxson and his team who all did a brilliant job. Thank you to all.
Client TrustPilot Review – Five Stars *****
A successful outcome is not just the amount of compensation secured but how you made a difference to our client’s life. In this instance, having spoken with our client as well as his family, it was apparent that exploring the prosthetics PIP Drivers and silicone fingers would be a key benefit to our client which turned out to be the case. I am really pleased that we were able to arrange for our client to be seen by some of the best experts in the country and also a leading supplier of prosthetics so he had the benefit of those for his injured hand before we concluded the case.
Matthew Claxson – Partner | Personal Injury
How Moore Barlow can help
If you have suffered a serious injury then contact our specialist Personal Injury solicitors to explore how we can access for you rehabilitation, secure interim payments, and recover compensation to rebuild your life. Freephone on 0800 157 7611 or email us on [email protected]
