Workplace injury due to unsafe equipment: case study

By Melanie Kelly

Published October 23, 2024In: Personal Injury

Carl, a 35-year-old construction worker, suffered a severe injury when a piece of equipment malfunctioned. The machine he was operating lacked proper safety guards, and as a result, Carl sustained a severe hand injury, requiring multiple surgeries and extensive rehabilitation. The injury also prevented Carl from returning to work for many months.

The importance of proper representation can’t be overstated. Let’s take a look at the different scenarios for Carl with and without a legal expert by his side:

Initial consultation and case evaluation

Without a solicitor - Carl might not fully understand the extent of his rights or the potential compensation he could claim. He may accept a low settlement offer from his employer’s insurance company, not realising the full extent of his losses.
With a solicitor - a skilled solicitor will evaluate Carl’s case thoroughly, identifying all liable parties, including the equipment manufacturer or other responsible parties. They would provide a comprehensive breakdown of claims, including medical expenses, lost wages, and pain and suffering.

Evidence collection and liability

Without a solicitor - Carl might struggle to collect the necessary evidence to prove that the equipment malfunctioned due to a lack of maintenance or faulty manufacturing. Without proper evidence, establishing liability could be difficult.
With a solicitor - an experienced solicitor will know how to gather critical evidence, including maintenance logs, equipment design documents, and expert testimony on equipment function. They will build a strong case to prove negligence on the part of the employer or equipment manufacturer.

Negotiation with insurance companies

Without a solicitor - Carl could find himself at a disadvantage when negotiating with seasoned insurance adjusters who aim to minimise payouts. He might agree to a settlement that doesn’t adequately cover his long-term needs.
With a solicitor – a solicitor will handle all communications with the insurance companies, leveraging their negotiation skills to push for a fair and just settlement. They will ensure that all of Carl’s current and future needs are accounted for in the compensation package.

Litigation and court representation

Without a solicitor - if the case proceeds to court, Carl might find the legal process overwhelming and challenging to navigate on his own. Presenting his case effectively could be a significant hurdle.
With a solicitor – a solicitor will represent Carl in court, presenting a well-prepared case with supporting evidence and witness testimony. They would advocate on Carl’s behalf, aiming to secure the best possible outcome for him.

Peace of mind

Without a solicitor - Carl might experience added stress and anxiety dealing with legal matters while also coping with his recovery and financial strain.
With a solicitor - having a solicitor allows Carl to focus on his recovery, knowing that his legal matters are in capable hands. This support can be crucial in helping him regain his health and well-being.

Conclusion

This case study illustrates the vital role a good solicitor plays in navigating the complexities of workplace injury claims. From assessing the value of the claim to negotiating with insurance companies and representing the client in court, a skilled solicitor ensures that individuals like Carl receive the compensation they deserve, and are entitled to.