The employer denied responsibility after the worker suffered severe crushing injuries
A factory is the setting for this Case of the Week, where our client was tasked to undertake repairs to a conveyor belt.
Having made the required repairs our client had to climb over 2 conveyors to be able to access the motor, but in doing so he slipped and his leg became trapped between the rollers and he sustained crushing injuries.
Our client’s employer accepted that our client had to cross over the conveyor belt, but stated he should have used a ‘plate’ to do so (but there was no ‘plate’ in the near vicinity, and neither the risk assessment or training documentation made any reference to this).
At trial the Judge found in favour of our client, and rejected attempts by the employer to say he was partly responsible. Our client received full compensation for his injuries.
Our client was required to work in an environment that was completely unsafe. The risk assessment did not even seem to recognise the risk of serious injury and the training did not relate to it. Our client was in an impossible position and continued with his job the best he could. The judgment completely vindicates our client and shines a light on the poor safety practices of his employer.
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