Our client was working on a car factory assembly line on a night shift when she was emptying a leak test machine, whilst pulling out a cylinder head to place it on the turntable jig her finger became trapped in the cylinder head and the top part of her finger was sliced off.
Our Client’s Injuries:
Amputation of tip of the middle finger on right hand (trigger finger) leaving hypersensitivity around the affected area.
What did Hayward Baker do to help?
Susan Burden one of our senior claims handlers took on the case on a No Win No fee basis and ran the claim through the Low Value Personal Injury Claim Insurers Portal.
The allegations made to the defendant were:
You failed to provide a safe system or place of work; you failed to undertake a suitable risk assessment in relation to the task and had you done so, measures could have been taken to avoid the accident. Indeed, immediately after the accident ‘operation standards’ were produced which changed the method of undertaking the task. You failed to provide any or any suitable personal protective equipment such as suitable gloves which could have reduced the risk of injury; you failed to have in place a suitable method of carrying out the task which reduced it to the minimum possible level or risk. This was a manual handling task and you failed to reduce the need for manual handling and/or failed to reduce the risk to the lowest possible level. There were no or no adequate guards to protect workers against the risk of injury when using the machines. You failed to adequately train our client to carry out the task in the safest manner possible.
Liability was admitted by the Defendant insurers on behalf of their insured soon after they had acknowledged the claim.
Susan informed our client that this mean’t that if we provide medical evidence to prove her injuries were as a result of the accident then the defendant insurers will pay her compensation.
Firstly, Susan obtained, with our client’s consent copies of her medical records as these will need to be accessible to the medical expert examining our client and formulating a report upon her injuries.
Once the records were received an appointment was arranged for our client to be seen by an Orthopaedic Consultant who after examining our client wrote the report upon her injuries. The expert stated in his report that our client’s injuries were as a result of the accident and recommended that he examines our client again 6 months after surgery to her hand.
The second report was received shortly after the second examination and this was sent to our client for approval with a schedule of her out of pocket expenses claim and a letter from Susan explaining how she valued the claim for pain and suffering and financial losses. Susan also recommended a figure that our client should consider when making a formal offer to settle her claim and explained to her very clearly what would be deducted from any compensation received, such as the interim payment she had already received from the insurers earlier on in the claim process.
Our client was happy with the report, schedule and the valuation and signed the appropriate authorisations allowing Susan to put forward an offer to the insurers in settlement of our client’s claim.
After a lot of negotiating with the defendant insurers and advising our client of the progress of these negotiations, Susan settled our clients claim for £7,384.11