Posted By Jack Speak to a solicitor (or the Trade Union if the employee is a member). The Employers Liabilitry (Defective Equipment) Act may be relevant.

Posted By anon1234 clearly if the same incident had happened on 3 previous occasions then it was reasonably foreseeable and the existing control measures are clearly inadequate especially considering the severity of the incident - I would suggest that the solictor is not a specialist in this type of claim

Posted By cara Thanks anon that's what I was thinking.

Posted By Philip McAleenan Cara, Blame and liability are two different concepts and in legal terms liable means that the employer has a legal obligation for the safety and welfare of the employee. Blame on the other hand means that, if applied to the incident itself, they are responsible for the incident occurring. Therefore it is possible to be liable without necessarily being at the same time blameworthy. Now, the extent of liability, particularly in relation to the degree of culpability depends on the circumstances of the case. Having described the incident as having occurred to at least three other employers you are now into the realm of not being able to claim that the incident was unforeseeable and that all reasonable controls had been taken. In these circumstances it would not be hard to find that the employer is culpable to a reckless degree, as he has repeatedly instructed workers to carry out an activity knowing that it will result in severe injuries. If your situation is other than fictional, it is time to immediately cease the work activity until it has been ascertained how the accident occurs and what controls need to be in place to prevent the generation of flying splinters (and not simply to protect against them). Regards, Philip

Posted By steve_s I suppose nowadays it's a natural reaction to think "speak to a solicitor' and get lots of money. What they should be doing is speaking to the enforcing authority and getting the activity stopped.

Posted By steve_s So how is speaking to a solicitor going to help? Don't you think it would be better to speak to the enforcing authority?

Posted By John Mac Carthy Cara What caused the metal splinters from the strimmer! (Metal clearing blade against concrete or a harder metal) Were the machines themselves guared and at what angle were they being used? The manufacturers will have a maximum angle for use and clearly stipulate the types of guarding required. Have you made the above enquiry to the manufacturers. Also worth noting, I presume your company has completed a risk assessment and amended the control measures following each incident and have some means to verify this has been monitored? Also worth considering drugs/alcohol testing. I've worked in a similar industry for years and am surprised to read your forum discussion. You also say the training has been conducted, is it by a body such as the NPTC or only internal. The NPTC provide training, see the attached link: http://www.nptc.org.uk/t...iders/detail.asp?dsid=35 PS - also sounds like a very poor solicitor, what do your loss adjusters/insurers have to say.

Posted By Mike Herbert I'm sorry!! The hospital wouldn't remove the shrapnel in case of infection? And then they get antibiotics for presumably an infection? Yikes.. i would not like to visit that hospital. Presumably the other incidents required some sort of hospital visit also. Would this not then require reporting as RIDDOR. I assume LA or HSE are not following these up for it to happen again or the employer is somehow managing to sweep this under the carpet. Obviously the employer is severely lacking in his duty of care. I would have thought that any solicitor with half a brain could win this case. Fictional or otherwise i find this depressing. I hope your friend makes a full recovery and suitable recompense for his lost earnings

Posted By Richard Mathews Cara Scared of loosing his job? Worried that company might make things difficult for him? I would say that by their negligence they have already made things difficult for him and if it were me I would be scared of keeping the job and probably loosing my life as a result. I agree with Mike Herbert here any solicitor with half a brain should win this one, but that is not enough. 1. Inform the enforcing authority (either HSE or LA). 2. Find a solicitor who knows what they are talking about. 3. Get out of this company while he is still alive! Richard

Posted By Raymond Rapp Ignore previous quote: AET Stark v Post Office (1999) brought under PUWER 1992, Regulation 6(1.)

Posted By andymak Time to stop the work taking place until it has been looked at more closely. Reassess the activiy in the light of known incidents. Consider replacing metal blades with plastic line or blades. Reassess PPE requirements. If all else fails a covert call to the HSE to prompt a full investigation may be in order.

Posted By cara Thanks for all your comments/suggestions I really appreciate your advice! It shows that I'm not the only one who thinks this case should be followed up!!

Posted By cara Don't forget I do not work for the company - just after advice for a friend who was injured. But for info - according to the awful solicitor the strimmer was fit for use - I don't believe so though!

Posted By cara DJ I emailed you directly but it failed?! Can you email me at cara.wilson@velindre-tr.wales.nhs.uk Many thanks Cara

Posted By Nigel Souster Cara, You obviously have a lot of information regarding these incidents, why not inform the HSE yourself? Regardless of the civil claims side, this company needs to stop this activity. A visit from the HSE armed with information from 4 different incidents would surely give them cause to think. Nigel