A Real Life Plastics Industry Claim

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Employers' Liability (EL) claims are probably more common than you think with typical claims ranging from loss of digits and limbs through to loss of life.  The story below is an actual Employers' Liability claim handled by one of our major insurer partners and illustrates what can go wrong.

“Two maintenance men were working on their own overnight, cleaning and renovating a granulator machine (a machine which reduces bulk plastic into small granules.) The machine had a safety device operated by two switches some distance apart, which had to be pulled simultaneously.  The men circumvented the safety by wiring both switches together so that one person could operate the machine. Crucially their foreman was aware of this workaround but did nothing to prevent it.

One of the men had been working inside the machine when his mate heard him say that he was taking a lunch break.  A short time later, he tested the machine and heard a dull thud.  He switched the machine off and climbed up to look into the hopper when the blades had stopped rotating. The man saw his work mate in tiny bits at the bottom and collapsed in shock.”

The insurance company was faced with two EL claims that were indefensible given the circumstances. Health and Safety of staff should be at the forefront of all Employers’ considerations. In circumstances where you have equipment being used by your workforce, please make sure they are aware of the procedures they need to follow to ensure safe usage.......and that there is a system of check in place to ensure these procedures are adhered to.

FP472

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