Factory worker secures settlement after suffering ankle injury due to defective equipment

The worker, who we have called Ciaran, suffered the injury when he was working in a factory processing construction materials, including aggregates and landscaping products. 

Ciaran was supervising the operations of a concrete press machine. He heard a noise from the machine, went to inspect and saw that the turnover part had become jammed by several boards.

Ciaran accessed the machine by opening a safety cut-off fence, in the knowledge that once open, the machine would stop operations immediately. He was told this as part of his training by his employer.  

After he cleared several boards from the lower part of the machine, Ciaran climbed on to the conveyor to remove further blockages. At that point, the machine unexpectedly activated, causing a metal bar to swing towards his leg, severely injuring Ciaran’s ankle.

Despite wearing safety boots, he was in immediate pain and called for help. His supervisor then returned to the factory, moved the machine forward, releasing Ciaran’s foot and lifted him down. 

Ciaran was taken to hospital and diagnosed with a bi-malleolar ankle fracture and associated nerve damage to the foot. He underwent surgery to insert four bars and a pin. He was in hospital for three days before being discharged and advised not to weight bear for some considerable time.

Despite surgery and rehabilitation, evidence from a foot and ankle surgeon showed that Ciaran was at risk of developing osteoarthritis in his ankle in the future.    

Ciaran instructed Leigh Day solicitor Ross Whalley to bring a case for injury and associated expenses. 

Employers are legally obliged to protect their workers from defective machinery through regular inspections and maintenance. In this case, Ciaran’s employer had outsourced the supply, inspection, and maintenance of the equipment to a third-party company.  

It was found that the machine had malfunctioned, and the safety cut-off fence had failed to stop its operation. As Ciaran had been instructed to operate the machine, his employer admitted responsibility for the incident.

Leigh Day secured a five-figure settlement to cover Ciaran’s future care needs, ongoing rehabilitation, and associated expenses.

Leigh Day secured an interim payment to support Ciaran’s physical and psychological rehabilitation. The team also secured funding for further surgery to remove the metalwork from his ankle two years after the accident.

Ross Whalley said:   

“This incident had a major impact on both Ciaran’s physical and psychological wellbeing. When an employee loses their ability to work, their first concern is often financial. Whilst Ciaran’s employer maintained his income throughout his recovery, his inability to work caused him considerable stress and depression. Physical and psychological effects are commonly inextricably linked, but Ciaran was very determined to not let this incident diminish his positive attitude.

“This case should serve as a lesson to factory companies to understand, control and reduce risks from machinery. Whether or not the machinery is owned by the employer or not, if the employer instructs its worker to use such in the course of their duties, they will remain accountable for any malfunction causing injury or loss.”

Contact us 

For further guidance about work accident claims and personal injury claims, contact Ross Whalley on 0161 393 3570 or email rwhalley@leighday.co.uk.