Loses finger in accident - Company fined £16K

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A company which provides shipping services, cargo handling and storage has been fined more than £16,000 after a worker severed part of his finger in a workplace accident.

Dundee Sheriff Court heard that on 13 July 2021 Gordon McMillan, 55 at the time of the incident, works as a ‘stevedore’ (steve-eh-door), a role which involves the dockside loading and unloading of ships and goods vehicles, was injured when operating a table saw.

Worker loses finger

However, in early July 2021 the company took up the lease of a building at South Quay, Montrose, near to Montrose Harbour, to store and dry grain and Mr. McMillan was tasked with cutting small pieces of wood known as ‘packers’, that needed to be replaced on the site.

But whilst using a piece of wood as a ‘push stick’ Mr. McMillan’s gloved left hand came into contact with the rotating blade. Upon removing his glove Mr. McMillan observed that the top of his left index finger had been almost completely severed, which later resulted in him needing to have part of his finger amputated.

An investigation by the Health and Safety Executive (HSE) found that the table saw did not have a blade guard or a guiding fence, and that no push-stick had been provided. HSE issued a Notification of Contravention to the Company, outlining the material breaches identified during the investigation.

Rix Shipping (Scotland) Limited of Meridian Street, Montrose pleaded guilty to the contravention of The Provision and Use of Work Equipment Regulations 1998,

Regulations 11(1) and 11(2) and were subsequently fined £16,000 with a Victim Surcharge of £1200.

Speaking after the hearing, HSE inspector Michelle Gillies said:

“This incident could so easily have been avoided by simply carrying out correct control measures and safe working practices.

“Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”

According to the website, Rix Shipping was formed more than 70 years ago and highlights its ‘unparalleled experience and knowledge’ of the local area and its shipping needs.

Workplace accidents

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.

What can I claim for?

Each Employers’ Liability case 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.

Who can make a claim?

Whether you are an employee, agency worker or contractor you may be able to make a claim for an accident at work.

In many industries, companies tend to hire contractors and self-employed workers to carry out work on projects. It is a misconception that self-employed workers are always responsible for their own workplace health and safety.

Whilst it is true that they would usually have to take out their own insurance to cover certain aspects, in some circumstances they can claim if they are injured due to the actions of an employed person.

Depending on the relationship between the company and contractor, a self-employed contractor may be able to establish that the accident and subsequent injury was caused by another person or company.

This is largely because the self-employed person will usually have no control over the health and safety and/or risk assessments for the site they are working on.

List of regulations protecting workers

There are a number of regulations in place to protect workers while they carry out their jobs. Some of them include ensuring that workers are given the correct protection (PPE) to do their job safely, as well as the correct procedures being implemented to ensure the workplace is a safe environment.

Here is a list of some of the regulations in place (please note, this list is not exhaustive).

The Workplace (Health, Safety and Welfare) Regulations 1992
Manual Handling Operations Regulations 1992
Work at Height Regulations 2005
The Provision and Use of Work Equipment Regulations 1998
Personal Protective Equipment at Work Regulations 1992
The Management of Health and Safety at Work Regulations 1999

How to make a claim

We hope the above information is useful to you. If you would like to bring a claim following an accident at work, call Oakwood Solicitors Ltd to speak to a legally qualified solicitor or paralegal, who can give you free advice on whether you are eligible to make a claim.

You would have to bring a claim within 3 years from the date of your accident, but we would advise that you bring a claim as soon as possible to pursue the matter. We are of the belief that it is better to get peace of mind by checking if you have a claim, rather than letting the time run out and never knowing.

Most dangerous jobs where accidents might occur

The level of danger that an employee is exposed to depends on the kind of job that they do, as well as a whole host of other factors. The following jobs are considered to be the most dangerous where employees can suffer injury from an accident at work:

Painter and decorator – Usually on ladders working at heights. Nearly a fifth of all fatalities in the workplace are due to falls from heights.
Electrician – Exposed not only to the risk of electricity but also from working again at heights.
Civil engineer – At risk to heavy machinery, heights, being struck by moving vehicles and electricity.
Refuse collector – Potentially face being run over at roadside as well as exposure to bacteria from the refuse and heavy machinery in recycling plants. Last year 10% of all fatalities were from this sector.
Miner – Host of hazards such as the risk of mines collapsing, working with heavy machinery and exposure to dust particulars. Considering that mines are not as prominent as they were they still account for 3% of all fatalities.
Mechanic – A risk not only in the garage such as injuries from cars, bikes, buses and vans but also being called out to roadside rescues.
Lorry driver – Long days on the road in a variety of different weather conditions with heavily loaded vehicles, There were 14 deaths in one year in this industry alone.
Factory worker – Risks due to the risk of crushing, damage to hands, working with heavy machinery, etc.
Farmer – Often work alone. They work with heavy machinery, exposed to potential animal attacks, moving vehicles. 20% of workplace accidents happen on farms.
Builder – Including roofers and scaffolders. Considered to be the most dangerous job where employees are exposed to constant height issues, electricity, and risk of collapsing structures.

What should I do if I have been injured at work?

If you are injured at work, you need to do the following:

Report it to your employer as soon as possible, or if nobody is available – ensure you have reported it by sending an email/text to your line manager so there is written proof of the accident
Log the accident in the Accident Book or write it down and ensure a copy/photograph is kept
Take photographs of where your accident happened, any defective equipment and details of witnesses willing to provide evidence
If you are injured you must seek immediate medical advice either at your GP surgery or the local Accident and Emergency department. Make them aware it was an accident at work and what happened. This will assist your case as there will be further proof of the circumstances.

If you cannot drive, call an ambulance. It may be that if the circumstances of the accident are due to a dangerous situation that you talk to your union representative or it is reported to the Health and Safety Executive (HSE) using the RIDDOR reporting (Reporting of Injuries, Disease and Dangerous Occurrences Regulations).

If you have had a fall from height, the first thing you should do is seek medical attention. Your health takes priority. No matter how minor your injuries seem, adrenaline usually kicks in and you may not know the initial damaged caused.

If you receive first aid at the scene of the incident, we still recommend going to the GP or local hospital. This medical check-up will also serve as evidence of your injuries are the circumstances surrounding the incident.

Once you have received medical treatment, you should report the incident to your employer (if you haven’t already done so). Make sure an accident book entry is recorded correctly, that all the information is correct and that it is signed by the relevant people.

In certain cases, such as loss of consciousness, your accident must be reported in compliance with the Reporting of Injuries, Diseases, and Dangerous Occurrences Regulations 2013 (RIDDOR). For the purposes of RIDDOR, an accident is a separate identifiable, unintended incident that causes personal injury.

They will need to carry out a full inspection of the incident. It is important to have documented evidence, as this will help prove the accident happened and that the injuries you have sustained are a result of the incident.

You should obtain the names and contact information of any witnesses, or information of anybody who was involved in the accident.

Company fined £16k after worker loses finger in accident