Injury at work: making a claim

mr_skinflint

Hi everyone, I'm after some advice on behalf of my brother, particularly from those with experience.

My brother sustained an injury at work last week whilst working on a metalworking rolling machine. He was feeding a piece of metal into the machine and his glove became snagged by the rollers and he sustained crushing injuries to his fingers. He subsequently had to have his middle finger amputated at the second knuckle. He is now recovering and has been signed off work by his doctor for 4 weeks.

Now my brother is reticent about putting a compensation claim in because he works for a small company and his boss is also his friend. He feels that by doing so he would affect their relationship and potentially have a serious impact on his boss's business.

In my view he needs to contact a solicitor with a speciality in work based injuries and progress the claim. How do i convince him that this is the best way forward?

floss2

There are several things he should do:

Register that he has had an injury, even if he does not want to make a claim for any benefit yet: http://www.direct.gov.uk/en/DisabledPeople/FinancialSupport/OtherBenefitsAndSupport/DG_10020628

Read this for any further info, including whether the employers have reported the accident as required: http://www.direct.gov.uk/en/Employment/HealthAndSafetyAtWork/DG_10026579

If he does want to make a claim, he has 3 years to do so - and it would be an insurance company that pays him, not his employer / friend. However, that employer must by law be insured, and should report accidents according to Health & Safety legislation (see above link)

Horace

If he hasnt already done so, he needs to have his accident marked in the company's accident book (they have to have them by law). The company would have to report the accident to the HSE under RIDDOR rules and the HSE will have to investigate.

Your brother should find himself a no win no fee personal injury lawyer. The company is most likely at fault for not providing a proper guard on the machine or from the sound of it proper gloves that aren't baggy allowing them to be caught up in machinery.

As Floss has said it isnt the company who would pay out but their insurers. Sentiment doesnt come into such things I am afraid, your brother has been left with a disability due to amputation and he should therefore be compensated for it.