Lawyers win $XY for 39-year-old man who suffered an injury at work
The plaintiff, who works in a factory as a machine operator was completing his daily tasks when his sleeve was caught in the machine he was currently using. He pressed the emergency stop button, but the machine failed to stop. He shouted for help and a fellow employee came and unplugged the machine at the mains. Unfortunately, his thumb had already been nipped by the machine.
He was taken to the hospital, but doctors were unable to save his thumb and it had to be amputated.
The plaintiff remained in the hospital for a couple of days then was discharged with painkillers.
A follow-up appointment was set for the next week so that the doctors could check the wound was healing properly.
Once the wound healed, the plaintiff underwent an intense physiotherapy program to help regain movement and utilise the use of the remaining fingers.
Once an avid golfer, the plaintiff no rarely plays as he struggles to grip the golf clubs.
He spent around 2 months off work but managed to return to work and integrated seamlessly back into his daily tasks.
The case was settled out of court but took around 18 months to finalise as the defendant initially denied liability arguing that there was no way for them to prevent the plaintiff’s sleeve being caught in that machine.
The plaintiff’s lawyers put the case forward that although this was not their responsibility, they were responsible for the upkeep and maintenance of the machine. Had the machine been up to OHS standards, the machine would have stopped when the emergency button was pressed, thus avoiding the injury. Instead, the plaintiff was left thumbless.
An amount of $XYwas eventually offered which was accepted.