Worker loses finger - Council fined by HSE

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A local authority has been fined and sentenced after a school worker lost his finger while preparing wood for a design and technology lesson.

Adi Soday, a technician at The Forest School in Horsham, lost his right index finger when it was sliced off by a circular bench saw on 13 June 2022.

Worker loses finger

The 29-year-old, who worked in the design and technology (DT) department, had been operating a saw to cut pieces of wood that were set to be used for a DT lesson.

While pushing one of the sheets of wood through the saw, Mr Soday, who was 27 then, felt a pain in his right index finger and immediately turned off the machine. But as he looked down, he saw his finger lying on the bench.

Health and Safety Executive investigation

A Health and Safety Executive (HSE) investigation found West Sussex County Council, the local authority in charge of the school, failed to ensure Mr Soday was trained to use the bench circular saw.

Mr Soday had used the saw many times but had not been trained to use it safely.

West Sussex County Council pleaded guilty to breaching Regulation 9 of the Provision and Use of Work Equipment Regulations 1998. The local authority was fined £16,000 and ordered to pay £4,294.60 in costs and a victim surcharge of £190 at Brighton Magistrates’ Court on 3 July 2024.

HSE inspector Russell Beckett said: “Workers must be trained properly when using high-risk woodworking such as bench circular saws. This incident could have been prevented had West Sussex County Council provided Mr Soday with proper training.”

This prosecution was brought by HSE enforcement lawyer Iain Jordan and supported by HSE paralegal officer Imogen Isaac.

Accident at Work – How to make a claim?

If you have been injured at work as a result of negligence from your employer, you may be entitled to claim compensation. Employers have a legal obligation to ensure that workers are safe, by providing adequate training, protection and working conditions.

If you have been injured as a result of failures by your employer, we can help you claim compensation for the damages.

What is Employer Liability?

Employers have a legal obligation to abide by Health and Safety Regulations to ensure workers are as safe as practically possible. Here are just some of the regulations that must be followed:

Employer Liability laws

Here are just some of the regulations employers must follow to keep workers safe:

Health and Safety at Work Act 1974

Employers have a duty so far as is reasonably practicable to ensure the safety and welfare of their employees.

Management of Health and Safety at Work Regulations 1999

Duty to undertake a reasonable risk assessment (Reg. 3)
Requirement to undertake a health surveillance (Reg. 6)

Personal Protective Equipment at Work Regulations 1992

Ensure that suitable personal equipment is provided (Reg. 4)
Ensure an assessment of any personal protective equipment is undertaken to determine whether it is suitable.

Control of Substances Hazardous to Health 2002

Required to assess health risks where work is liable to expose employees to substances hazardous to health (Reg. 6)
Ensure exposure to substances hazardous to health is either prevented or where not reasonably practicable, adequately controlled (Reg. 7)
Ensure any employee exposed to substances hazardous to health are monitored and under suitable health surveillance (Reg. 11)

Who can make an Employer Liability claim?

Whether you are an employee, agency worker or contractor you may be able to 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 the contractor, a self-employed contractor may be able to establish that the accident and subsequent injury were 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.

How much compensation will I get?

The amount of compensation you are awarded will depend on the severity and ongoing impact of your injuries. The best starting point for assessing damages is by reference to the Judicial College Guidelines, which set out financial brackets for common types of injury.

The guidelines are broken down into the affected body parts and the 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.

Types of Employer Liability compensation

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 amenities of life that are evidentially linked to the accident at work directly. The pain and suffering element of the award compensates 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 is 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, or 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 the 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.

Is there a time limit to make a claim?

Employer Liability claims must be commenced within three years from the date of the accident. Failure to do this may result in your claim being time-barred and you may not be able to claim compensation.

If a loved one has deceased, the time limit for bringing a claim is 3 years from the date of death.

Will I have to go to court?

Most claims of this nature will be settled outside of court. However, there is a small chance you may need to give evidence, for example, if your employer disagrees that your injuries were caused by the accident, or they believe you were responsible for the accident. We can guide you through this process.

How will my case be funded?

At Oakwood Solicitors Ltd, we operate on a ‘no-win, no-fee’ basis. This means that you will not pay anything unless your claim is successful and you are awarded compensation. There are no hidden charges and we do not ask for any money upfront.

All we ask is that you uphold your side of the agreement, and we will handle the rest. Namely, you do not mislead us, co-operate with us and attend any scheduled appointments/hearing dates.

If despite this, your case is unsuccessful, there will be no charge to you. If the case succeeds, there will be a deduction made from your damages which is discussed if your case is accepted by our firm.

Why should I use Oakwood Solicitors Ltd?

At Oakwood Solicitors, we have a dedicated team focused solely on claims of this nature. We have experience dealing with Accidents and Work and Employer Liability claims, and we understand this is a stressful time for all involved.

You will have a dedicated advisor who will see your claim through from start to finish, assisting you in the event of any queries or issues you may have.

If it is preferable to you, we can assign a female advisor to carry out your claim. Your case handler will also continue to provide regular updates until the conclusion of your claim, ensuring the process is as stress-free and effortless as possible.

Council fined after worker loses finger at school