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5th January 2010
Faulty design causes JCB worker’s accident
Accident at work resulted in broken arm
A factory worker has received a substantial sum in compensation after he broke his upper arm while testing a brand new JCB.Peter Slaney, 63, from Rocester in Staffordshire was testing the new JCB Loadall, a type of vehicle used on farms for moving materials, when a faulty step on the machine caused him to fall and break his humerus.
The GMB member works for JC Bamford Excavators Ltd in Rocester as a test team leader. He has been with the firm for more than 20 years.
On the day of the accident he was testing the new machine which had just come off the factory line. His tests were the last before it went out for sale.
Step gave way beneath worker
As he stood on the vehicle’s step it gave way causing him to catch his left arm on the machine’s cab.
It was later found there was a design flaw with the steps which caused the accident.
Mr Slaney was off work for three months and needed surgery to pin his arm. He then needed a further two operations and was off work for 14 months in total.
He now has a 30% disability in his left arm, but has been able to return to work in a different role.
He said: “I’ve been left disabled by this accident and as a result I worry that I will be limited in the employment market if I ever need to apply for another job.
“There was a fault with the design of these machines which had been in production for a number of months but nothing was done to sort it until I suffered this accident. I feel angry that more wasn’t done to avoid this from happening.”
Thompsons Solicitors made claim for compensation
Following the accident he contacted his union the GMB, which instructed its lawyers Thompsons Solicitors to pursue a claim for accident compensation.
JC Bamford Excavators admitted liability and settled the claim out of court.
Joe Morgan from the GMB said: “Had this step been properly designed and installed this accident would have been prevented. Instead Mr Slaney has been left with a disability which he fears will affect his future employment.”
Victoria Roberts from Thompsons Solicitors added: “The defendants admitted liability in full following allegations they had breached the Provision and Use of Work Equipment Regulations. They should have taken all steps possible to make sure the design of this machine was fit at the point it was being tested for the retail market.
Compensation Claim Advice
If you or anyone you know has suffered an injury, illness or disease at work due to dangerous practices or dangerous procedures, telephone us now for accurate claim advice.
There are strict time limits in place to make any personal injury claim including claims stemming from dangerous procedures in the workplace. For further information, contact us or visit our Questions Answered page.
Thompsons Solicitors are experts in all personal injury matters. We will be able to advise you whether or not you have a valid claim for compensation. Our specialist personal injury lawyers will be happy to talk you through the process of making a claim in plain English and will be happy to answer any questions or queries you may have. If you do have a valid personal injury compensation claim and you decide to instruct Thompsons Solicitors to deal with the matter for you, we will recover our legal fees from the person responsible for your injury, ensuring that the entire procedure is cost-free for you. Telephone us now on 08000 224 224 or complete one of our online personal injury compensation claim forms.
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