Injuries at work and liability of the employer ; security and negligence

[Chris1432]

I'm an employee who lost two fingers when I tried to clear a blockage in a machine but a guard was missing and I did not isolate the power before. As a consequence, my hand has been caught in the machine. However I'm an experienced employee who knew on how to remove blockages safely. Then, do you know which act could I use against my employer because the guard was missing ?

[atticus]

The legislation that comes to my mind is the Health and Safety at Work Act 1974: https://www.legislation.gov.uk/ukpga/1974/37/contents

You may find it helpful to look around the Health & Safety Executive website: https://www.hse.gov.uk/

[Chris1432]

thank you, do you know which section (because there a lot of them) can protect this situation ? I admit i don't see and i'm very panicked by what happened.

[atticus]

section 2 looks like a good starting point: https://www.legislation.gov.uk/ukpga/1974/37/section/2

By the way, when did this happen?

[Chris1432]

last month, but i have question, because i had training and i continued to do the action that caused the injury ? isn't there a liability mitigated by my fault?

[atticus]

That is possible, but if there is contributory negligence, it is very often less than 100%. But I think that to stop you worrying you should take professional advice.

There are plenty of solicitors who specialise in industrial injury cases. I suggest you find one, possibly through your union if you are a member. You should be able to find a solicitor who will consider whether to take your case on a 'no win, no fee' basis.