Dundee apprentice secures £15,000 after machine topples over and slices through arm at work
“If you're having any second thoughts about making a claim, just do it.”
Lennon French, a young apprentice welder fabricator, was used to picking up the odd scrape or mild burn at work – but the last thing he expected was to suffer a workplace injury that would leave him hospitalised.
The 19-year-old from Dundee was tasked with steadying a hydraulic punch machine that his boss was lifting with a pallet truck.
But the machine, which hadn’t been secured to the truck, tipped over as it left the ground.
The guard landed on Lennon’s left arm, sliding through his skin which left a deep cut.
He recalled: “I looked down and just saw white and I thought ‘That’s not my bone, is it?’
“Thankfully it wasn’t, but it was quite a scary moment.”
Lennon was taken to Ninewells Hospital where an examination revealed he suffered nerve damage. He later underwent surgery and received more than a dozen stitches to close the 8cm laceration.
In the weeks that followed the young apprentice struggled with day-to-day tasks, requiring help from his mum with personal care and travel to medical appointments.
At first, making a claim was the last thing on Lennon’s mind, in fact he was concerned about how his employer might react.
But after being unable to work for three-and-a-half weeks, losing around £800 in wages and questioning the circumstances around the accident, he decided to seek legal advice.
He said: “I had six months left of my apprenticeship and so I didn’t take the decision to make a claim lightly, but when I got home from hospital what had happened just hit me.
“I would never put myself in a position where I know I would get hurt.
“At the end of the day, if my boss tells me to do something I’m going to do it because they have more experience than me.”
Euan Robertson, Senior Associate in our Dundee office, took on Lennon’s case and started gathering evidence including medical records and manuals for the metalworking machine and the pallet truck used to move it.
Lennon’s employer initially argued he was partly responsible for the accident, stating the young apprentice had been told to ‘stay out of the way’.
However, this position was withdrawn when Euan put forward the argument that there was no safe system of work in place and that the employer failed in their duty to undertake a suitable risk assessment for carrying out the task.
Nine months after the accident, Euan successfully secured £15,000 in compensation for Lennon.
Reflecting on the process, Lennon believes that making a claim was the right decision.
He said: “Euan made what I initially thought was a daunting process stress-free.
“He always kept me in the loop and explained what was happening – there was no difficulty in the process at all and I’m over the moon with the result.
“I’m glad I stuck to my instincts and made a claim – it’s not about what anyone else thinks, you’re only doing what’s right for you.
“With Euan, it was a nice feeling to know I had someone looking out for me – he was fantastic.
“It's just good to finally be at ease and just get on with my life again.”