Mr H of Creswell, Notts, sustained multiple fractures to his left arm as a result of a defective bailing machine.

The Directors knew of the defective machine but failed to respond to complaints from workers who were required to continue to operate the bailing machine. The Health and Safety Executive successfully prosecuted both Directors of the Creswell company for breaches of health and safety legislation. At the criminal trial Mr H was represented by Richard Meggitt, Solicitor and part of the serious injury team.

Matters were complicated by the insurers, who initially has accepted liability on behalf of the employer, only then to attempt to resile on the basis that the Directors had failed to disclose information not connected with the accident. The insurers attempted to void the policy. This could have meant that Mr H would not have received compensation for the serious injuries sustained as the company had gone into administration. The unusual step was taken to issue Court proceedings against the Directors. Eventually a ‘round the table’ meeting was held with the Directors and Insurer, leading to the insurance company making a significant payment to the Claimant for his injuries, past losses and future loss of earnings.

Mr R did eventually manage to secure alternative employment despite permanent lack of dexterity in his injured hand/wrist.

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