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News Desk | News Story
16th January 2008
A Cheshire factory worker who has been left with a partially amputated foot following a serious fork lift truck injury has been successful in a court action against his employers NHS Logistics Authority and is expecting to receive substantial damages when the case returns to court. His claim was handled by his trade union Unison and their personal injury specialists Thompsons Solicitors.
Mark Harrison, from Runcorn, Cheshire, was employed as a Warehouse Operative at the warehouse in Lister Road, Runcorn. The accident happened whilst he was operating a battery controlled Reach Truck - a type of fork lift truck. He has held a licence to drive fork lift trucks for 17 years and had been working for the NHS Logistics Authority for 18 years.
In the course of the court proceedings NHS Logistics Authority alleged that the accident had been due to Mr Harrison’s own negligence, and that he had flouted safety procedures at the time of a previous accident and that subsequent safety reports by colleagues had been falsely submitted to assist his claim. These allegations were strenuously resisted by his solicitors and rejected by the judge at the trial in Liverpool County Court.
Mr Harrison explains: “I am one of the most thorough workers when it comes to safety and the day of my accident was no exception. Everything had been checked and I was driving the truck at the normal speed – 5mph - towards the drop down point when all of a sudden it lost all power. The computer screen switched off and the truck started to jerk and slide. My body was jolted forward and my left foot came off the dead man’s switch. The wheels felt like they had locked and the truck slid into the racking crushing my left foot.”
He continues: “I was in shock and I was in so much pain that I thought I’d lost my foot. I was taken by ambulance to Warrington hospital where they had to partially amputate my left foot. I’m very angry because this is not the first time that complaints have been made about battery cables coming loose. My accident could have been avoided and I could now be getting on with my life as I did before the accident. I’m also appalled at the way the NHS tried to discredit me and my colleagues.”
As a result of the accident, Mr Harrison, aged 44, has secured interim damages of £40,000. A further final award will be made when the case returns to court once Mr Harrison’s medical treatment has been completed.
Regional Secretary for Unison Frank Hont, comments: “Mark Harrison has suffered a very serious injury which has resulted in partial amputation of his foot and could result in further amputation. The NHS fought this case all the way and suggested that there had been a manufacturing of evidence by his workmates and that he was to blame for the accident because he flouted health and safety. Both allegations were completely spurious and
his workmates were outraged. We’re therefore very pleased that the employer was held liable by the court and that Mark was held not to be at fault whatsoever.”
Representing Mark Harrison, Matthew Tollitt from Thompsons in Liverpool comments: "This injury has had a devastating effect on Mark Harrison’s work and personal life. On the evidence presented at court, the judge accepted that his accident was caused as a result of the battery cable coming loose in the truck whilst he was driving it. Mark has also been involved in a previous incident where the battery cable had come loose but luckily he was not injured. Since the incident, battery cable clips have been fitted to the trucks to prevent the cables from coming out. Had these been fitted as a result of pervious complaints, Mark Harrison would still be fit and well today. The case is now adjourned for an assessment of final damages.”
If you or anyone you know has suffered an injury at work, telephone us now for accurate claim advice.
There are strict time limits in place to make any injury claim including claims resulting from accidents at work. 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 compensation claim forms.