Farm worker has finger chopped off day before 44th birthday – and three days before Christmas Eve

Read this story in Polish at Pracownikowi rolnemu odcięto palec na dzień przed jego 44. urodzinami – i na trzy dni przed Wigilią 

Maciej was harvesting brussels sprouts on a farm when his fingers were caught in a moving blade.

The 43-year-old’s job was to collect sprouts that had been cut from stalks and put them on a conveyor belt.

When the blades were jammed Maciej shouted to the harvester operator to stop the machine so he could remove the blockage.

But as he reached in the blockage dislodged itself and the blades whirred into action.

Maciej immediately recoiled in shock but it was too late – the index and middle finger on his left hand were already sliced.

Recalling the horror injury from 21 December 2021, Maciej said: “I was in shock. I managed to pull my hand out of the saw. I could see that my glove was torn and that my fingers were missing.

“I jumped out of my seat and screamed that my hand had been cut off. I was terrified. The pain was unbearable. I screamed that I had to go to the hospital.

“One of my colleagues drove me to the hospital in Dundee. Other colleagues found pieces of my finger and took them to the hospital.”

The Polish national underwent surgical treatment at Ninewells Hospital in Dundee.

While plastic surgery was enough to save his index finger, half of his middle finger had to be amputated.

Although Maciej made a medical recovery in terms of the healing of his wounds, he was left with ongoing problems that affected his daily life.

He felt constant pain - when something contacted his fingers he felt he was being electrocuted - and he was left with little grip strength and temperature sensitivities.

Maciej said: “The hardest part was when my company turned against me. They tried to blame me for the accident, saying that I was tired and not paying attention. They didn't accept my arguments that the driver was speeding and that we couldn't keep up with the work.

“I was afraid that my injuries would prevent me from working in the future. My wife was a huge support to me, helping me after the accident. I am happy now because I was able to start my own business with the compensation money.”

Justyna Rompca, Associate in our Foreign & Travel Team and expert in helping Polish victims, investigated the circumstances of the incident.

She found the person operating the harvester, Maciej’s supervisor, had been driving too fast and the client was not able to cope with collecting the brussels sprouts from the field.

When used safely, the blades are activated by a foot pedal similar to the way a car accelerator works - the operator presses down on the pedal with their foot and this sends a signal to the blades which then spin to cut the sprout stalks.

However, Justyna learned that when Maciej was injured the harvester operator had not been manually controlling things – instead, the pedal had been jammed the whole way down with a heavy weight so the blades were constantly spinning. 

According to witness evidence, using a weight to jam the pedal was common practice.

A workplace compensation claim was pursued against the farm under the argument that they failed to follow basic safety procedures as per Regulation 3 of the Management of Health and Safety at Work Regulations 1999.

The farm denied liability but still engaged with settlement discussions.

They first offered Maciej £117,000 but we advised him to reject this as we believed he was entitled to more.

A second offer of £125,000 was received but again Justyna’s advice was to reject this.

Finally, a third offer of £135,000 was received - this was accepted as it was in line with what Justyna’s evidence deemed to be fair.

Maciej concluded: “I am very pleased to have worked with Digby Brown Solicitors. My case, which lasted nearly three years, concluded with a very satisfactory outcome. From the beginning, I was informed that the process would take time, so I was prepared to be patient.

“A key factor in my positive experience was the support I received from Mrs. Justyna Rompca. Being able to communicate in Polish made a huge difference - she explained every step of the legal process clearly which helped me feel confident and informed throughout.

“I am deeply grateful and wholeheartedly recommend Digby Brown Solicitors. The compensation I received was substantial and has opened doors to new opportunities that I once thought were out of reach.

“I am happy now because I was able to start my own business with the compensation money.”

Justyna added: “I am really happy to have helped Maciej as this injury had numerous life-long impacts.

“As an injury solicitor I was concerned to hear of the pedal and the weight - just because it’s common practice does not mean it’s a safe practice.

“It’s these kinds of negligent shortcuts that put lives at risk and that’s why it’s also a miracle that Maciej didn’t suffer a worse outcome.”