Jammed Lever on Work Equipment led to Hand Injury

Our client was working as a warehouse operative and was wheeling a trolley, which was half-full of stock, with a colleague.  Our client had to lift two gates using two separate levers and lifted the left hand lever of the first gate with no problem.  Shortly afterwards she pulled the right lever.  Suddenly and without warning the right lever jammed, causing her to hit her right hand against the metal structure.

 

The accident was reported to her employer and written up in the accident book.  The accident was the employer’s fault because they:

 

·         failed to maintain the work equipment in an efficient state, in efficient working order and good repair,

·         breached their duties under the Workplace (Health, Safety and Welfare) Regulations 1992,

·         breached their duties under the Provision and Use of Work Equipment Regulations 1998,

·         failed to have in place a suitable system of inspection and maintenance so that the defect would have been repaired or rectified before the accident,

·         permitted our client to use the right lever to open the gate when they knew or ought to have known it was unsafe to do so,

·         permitted or caused the right lever to become a danger and trap,

·         contrary to the Management of Health and Safety at Work Regulations 1999, failed to carry out a suitable and sufficient assessment of risks to health and safety of our client to which she was exposed whilst at work,

·         failed to provide our client with a safe place of work,

·         exposed our client to an unnecessary risk of injury.

 

Our client attended hospital after the accident as she had severely bruised her hand, which was put in a sling. She also had to take time off work because she was unable to carry out her normal duties with an injured hand.

 

The employer denied liability as they regularly maintained the gates.  However, in the case of Stark v Post Office, it was made clear that regular inspections and/or servicing of work equipment does not afford a defence in cases where employees are injured by equipment malfunction or failure.  Following a later inspection, some remedial maintenance work was done on the gates, but there was no record of what damage existed prior to the inspection. 

 

A negotiated settlement was achieved with the opponent’s Solicitors after court proceedings were commenced.

 

Lawson-West recovered compensation of £1350 in respect of our client’s injuries and compensation for our client’s loss of earnings because she had to take time off work, travel expenses to and from hospital and painkillers.

 

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