Hughes Mushrooms: Company fined after worker's leg was amputated

Home » News & Knowledge » Hughes Mushrooms: Company fined £73k after worker’s leg was amputated after getting trapped in machine

A company that grows mushrooms has been fined after an employee’s leg became trapped in a machine and was later amputated.

Luka Ilic’s right leg was caught by the rotating blades of a mushroom filling machine and became stuck in the device’s moving parts on 16 October 2019.

He was part of a team of three at Howden Enterprises Ltd, trading under the name Hughes Mushrooms, that were cleaning the machine at the firm’s premises in Holme-on-Spalding-Moor, East Yorkshire.

Hughes Mushrooms

The then 29-year-old climbed onto the machine, which is used to prepare and fill compost in growing trays, to remove the last remaining parts of the compost.

The machine was then turned on, leading to Mr. Ilic’s leg being caught by the rotating blades in the mixing axle and becoming trapped.

His leg was later amputated below the knee at hospital.

Employer Liability

A Health and Safety Executive (HSE) investigation into this incident found Howden Enterprises Ltd failed to adequately assess the operation of the filling machine, in particular the cleaning of the machine. The firm failed to ensure there robust isolation and safe operating procedures were in place and followed.

Howden Enterprises Ltd, of Trew Mount Road, Dungannon, County Tyrone, Northern Ireland, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £73,333.00 and ordered to pay £7,522.60 in costs at Hull and Holderness Magistrates Court on 10 April 2024.

HSE inspector Louise Redgrove said:

“The importance of a suitable and sufficient risk assessment which reflects all actual practical activities cannot be underestimated. It is vital to ensure there are effective systems of work and physical controls which are implemented, supervised and used by all those involved.

This incident could have easily been avoided with a robust isolation procedure and padlock for each worker involved.”

This prosecution was brought by HSE enforcement lawyer Iain Jordan and supported by HSE paralegal officer Rebecca Whithell.

Hughes Mushrooms brands itself as a ‘dynamic innovator in the mushroom sector of the agri-food industry’. Its website states that it works with a network of supermarket retailers and continues to research and develop products for the vegan and vegetarian sector.

Accident at Work – The law

An Employers’ Liability claim or work accident is an incident that occurs in the course of work which leads to a physical or mental injury. Accidents can happen in the workplace, or in the course of business whilst being engaged in a work activity.

Claiming for an accident at work

Each Employers’ Liability case for accidents at work is assessed individually and is dependent on supportive medical evidence. You can claim for:

General Damages – Made for the pain, suffering, and loss of amenity of life that are evidentially linked to the accident at work directly. The pain and suffering element of the award compensate for all past, present, and future physical and psychiatric symptoms.

Loss of amenity means the inability to complete activities, either temporarily or permanently, after an accident, which could be undertaken before. This is an award designed to compensate you for the actual injuries suffered, and the effect those have had on your quality of life.

Special Damages – Compensates for any financial losses or out-of-pocket expenses as a result of the accident at work. This would include (but not limited to) loss of earnings, medication or prescription charges, travel to appointments or any cost of care for the extra care you have needed from family or care providers.

If you are unable to do tasks like gardening, walking the dog, and have to pay for these services as a consequence of your accident and subsequent injuries, these can also be claimed for.

This can also include any future loss claim and if you are unable to return to the same job as a result of the accident at work, you can claim for a lump sum based on your wages known as Smith v Manchester award. This is where it can be proved that as a result of your injuries, there is a risk you would find it more difficult to obtain similar employment.

However, an injured person has a duty to take reasonable steps to minimise their losses/expenses. This is called mitigation of losses, and a Court will assess whether or not the loss was reasonably incurred, before making an award.

What are the most common accidents at work?

Common types of workplace injuries depend on what type of industry you work in. For example, working in construction, you may be at risk of falling from a height, whereas in an office, you may be at risk of repetitive strain injury from using a computer all day.

However, we have rounded up some that are seen often:

Slips, trips, and falls

These accidents can occur due to wet or uneven flooring, inadequate lighting, cluttered walkways, or other hazards.

Falling objects

In workplaces with overhead storage or construction sites, items may fall and cause injuries.

Machinery accidents

Malfunctioning machines or insufficient training can put workers at risk of accidents.

Repetitive strain injuries

These injuries result from repetitive motions and overuse of muscles.

Forklift accidents

Improper forklift operation or lack of safety training can lead to accidents.

Electrical shocks

These can occur due to exposed wiring, faulty equipment, or inadequate safety measures.

Chemical exposure

Workers who deal with hazardous chemicals may suffer injuries due to exposure if proper safety measures are not in place.

How much compensation can I claim?

The amount of compensation you can claim depends on the severity of your injuries and the effect it has had on your life. If symptoms are ongoing and are supported by the medical evidence, this would increase the value of your claim.

The Judicial College Guidelines set out financial brackets for common type of injuries, as will be referenced to estimate the value of the claim.

The guidelines are broken down into the affected body parts and type and severity of the injury. They were introduced as it was recognised that whilst no two cases are ever precisely the same, justice was required to develop consistency between awards.

Precedent case law is also relied on to support the valuation and consideration must also be given to whether you have had a pre-existing disability or whether the injury accelerated a pre-existing condition.

Even where the older injury may not be symptomatic at the time of the accident, it is something that will have to be considered and would affect the value of your claim.

Hughes Mushrooms: Company fined £73k after worker’s leg was amputated after getting trapped in machine