Full compensation for cleaner injured in workplace accident in Arbroath

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Mrs Gray was employed as a cleaner for Turner Facility Management. She was instructed by her employers to carry out cleanings tasks at an uninhabited residential property in Arbroath belonging to a third party. Part of her duties were to check that the loft was clear of items before the new occupants arrived. She was provided with stepladders by her employers. She ascended the ladders and pushed open the hinged loft hatch. The hatch closed suddenly trapping her right hand and causing her to suffer crush injuries to her right fingers and hand, resulting in ongoing swelling, pain and discomfort and disadvantage on the labour market.

Following this workplace accident, a claim was pursued against her employer on the basis that the property was not a domestic premises and accordingly the Workplace (Health, Safety and Welfare) Regulations 1992 applied together with the Work at Height Regulations 2005. Investigations carried out by the client's employer and third party owner following the accident found that the hinged loft catch was faulty and steps were taken to remove all hinges. Witnesses confirmed that the task of checking the loft was a regular and normal task undertaken by employees such as the pursuer. The defender's failed to properly risk assess the task. The insurance company denied liability. They blamed our client arguing that the task was not part of her job description and that they had no control over the maintenance and repair of the loft hatch.

We commenced court proceedings and the insurers continued to blame our client in court. Digby Brown are specialists in this type of workplace accident personal injury claim and pursued the case under regulations covering the Workplace (Health, Safety and Welfare) Regulations 1992 and the Work at Height Regulations 2005 and the common law duty on employees to the safety of those who work for them.

Our client was successful in negotiating a settlement with the defenders in the sum of £13,000 prior to the matter proceeding to a court hearing. This represented a full recovery of her claim.

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