Work accident solicitor explains how to claim compensation if you have suffered injury as a result of defective work equipment including shoulder and arm injuries from a malfunctioning metal press.
Metal press work accident question
I was at work in a factory in Preston. I am a press operator and was using an industrial metal press when the press malfunctioned causing a large piece of metal which was being bent to fly out of the press and hit me on the top of my left arm and shoulder.
This caused my upper arm bone, the humerus, to be shattered and the scapula and clavicle bones in my shoulder to be fractured.
I required surgery and the insertion of pins and plates and I am told my arm and shoulder will never be the same again. I have also been left with a large unsightly scar on my arm.
Can I make a claim against my employer for my arm and shoulder injuries and if so what type of compensation can I claim?
Work injury solicitor response
An employer is responsible for the correct operation of work machinery and equipment. The fact that your fracture injuries to your arm and shoulder and scarring was caused as a result of a defect with the press will likely mean you will succeed in a claim against your employer.
So long as it can be shown that a defect with the press existed and as a result you suffered injury – your employer will be strictly liable for your injuries. In other words – you will not have to show your employer was negligent only that the press was defective.
Engineering evidence might be necessary to help prove the press machine was defective although the facts are quite clear that your accident could not have happened without s defect with the press.
You will be entitled to claim compensation for the pain and suffering you experienced for your injuries – the broken upper arm humerus bone, fractured scapula and clavicle bones, scarring. In addition you could have suffered psychological injuries.
All of your injuries will be set out in expert medical reports from specialist doctors and based upon these reports and court guidance your solicitor can determine how much your claim is worth.
In addition – you will be entitled to claim for financial losses, such as lost income you have already incurred with a prediction of likely future lost income. Other expenses might include medical expenses, nursing assistance and travel expenses to your GP and the hospital.
Broken arm fractured shoulder compensation amounts
To see examples of the amounts of compensation you can claim for your injuries click shoulder fracture compensation amounts and arm injury compensation average payouts.
Start your work accident press injury claim
To discuss your work accident claim with me in person or to commence your claim online click work accident press injury claim.
