A local factory operative who suffered personal injuries following an accident at work has been awarded personal injury compensation and damages after successfully making a claim with the help of Nicola Perry, a lawyer at the Liverpool office of Bartletts Solicitors.
The 45-year-old claimant suffered a finger amputation while working on a production line that involved wrapping cheese before it was boxed and dispatched. Nicola worked on this case to secure personal injury compensation for her injury, psychological trauma and social anxiety triggered by the appearance of her injured finger.
The production line at the factory had developed a fault which caused the wrapping film to become unsupported. The claimant had been instructed by her employer to stand at the side of the line with a colleague and place her hands under the film to support it, ensuring that the line could continue operating. It was while the claimant’s hand was supporting the film that the guillotine operated and amputated the tip of her left ring finger.
The local operative suffered from an amputation of her finger. She was also affected psychologically, suffering from low mood and flashbacks of the accident, as well as social anxiety because of the appearance of her finger.
Immediately following the accident, she attended hospital with her amputated fingertip. Unfortunately, it was considered unsuitable for surgical reattachment. She underwent a wash out of her finger and the wound was closed and dressed.
Fortunately, she got in touch with the specialist personal injury team at Bartletts Liverpool and explained her accident and injuries to Nicola Perry who made a claim on her behalf for compensation.
As soon as Nicola had been informed that the claimant had been examined by specialist medical experts, the local Bartletts office arranged for her to undergo hand physiotherapy and a course of CBT (Cognitive Behavioural Therapy) to assist her recovery. They also arranged for her to have an assessment by an occupational therapist who recommended some aids to assist her at home.
Furthermore, Bartletts arranged for an assessment by a prosthetics expert to consider the use of a prosthesis, mainly for aesthetic purposes.
The claimant has been left with a shortened ring finger of about 9mm which is cosmetically noticeable, to the extent that she no longer wears her wedding ring on her ring finger as she does not want to attract attention to the deformity. She has also been left with scarring and sensitivity to the finger, some reduced grip strength and an intolerance to the cold. She is unable to lift heavy loads which the medical expert in her case considered put her at a slight disadvantage in the labour market.
As part of the claim, Bartletts Solicitors sought damages for her physical and psychological injuries, as well as for loss of earnings as she was absent from work for a period of 6 weeks before returning to work in her usual role.
The cost of the treatments, physiotherapy and CBT, were also claimed for together with a claim for the help and assistance she had received from family members, the cost of some kitchen aids to help with cooking and domestic chores at home, and for the ongoing costs of a silicone cap to cover and protect her amputated finger.
Bartletts also claimed for damages for being slightly disadvantaged on the labour market if she ever needed other employment in the future.
In total, she was awarded £40,000 in compensation for her physical and psychological injuries as well as rehabilitation and treatment costs and loss of earnings.
This was a particularly contested case as although the defendants admitted primary liability early on in the claim, they argued the claimant was partly to blame for the accident (contributory negligence) for failing to keep a lookout when carrying out the work task. They sought to make a deduction to her damages and continued to raise the argument even after legal proceedings were issued. Bartletts argued that there should be no deduction. Her employers knew of the fault with the line before the claimant’s accident as it had been reported to them on many occasions, but they had failed to carry out the repair. It was a simple repair and was completed very quickly following the accident. The final settlement reached did not reflect any deduction for contributory negligence and she received the full amount.
Bartletts Solicitors has an outstanding reputation for helping clients to secure the personal injury compensation they deserve – and the Liverpool office of Bartletts Solicitors is proud to have succeeded in this recent case to help the local cheese factory operative recover from her injuries and make the necessary adjustments for living with her amputated finger.
To find out more about our services come and see us, call our Liverpool office on 0151 227 3391 or email newenquiry@bartletts.co.uk or complete a Free Online Enquiry and we will soon be in touch.
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John joined the firm in 1966 based at the Head Office at Marldon Chambers office in Liverpool City Centre. John started as a trainee, working primarily at that time on divorce, paternity suits, and general litigation. Through the 1970s and early 1980s conveyancing was a strong area for Bartletts with a move into accident claims as another dimension for the business in the mid-1980s.
Bartletts’ newest director has over 24 years’ experience within the personal injury sector and joined Bartletts Solicitors in 2003 as a claimant personal injury solicitor. Initially based at the firm’s claimant personal department in Chester, he then moved the new Wrexham office which opened in 2011.
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