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Case Study • Accident at Work • Unguarded Machinery • Belfast & Northern Ireland £200,000 secured for a factory worker after liability was denied Campbell & Haughey Solicitors acted for Sarah M., an alias used in place of our client’s…
Campbell & Haughey Solicitors acted for Sarah M., an alias used in place of our client’s real name to protect her privacy. Our client suffered a serious laceration to her hand while operating a saw at the factory where she worked. Her employer’s insurer denied liability in full. We took the case forward on the basis that the saw was not properly safeguarded, and that the employer had therefore failed in its duty to provide a safe place and system of work. After gathering evidence across four medical and care disciplines and issuing High Court proceedings, the claim was resolved at £200,000 shortly before it was due to be heard.
Solicitor with conduct: Michael Donaghy
Our client was employed at a factory where part of her role involved operating a saw. During the course of her normal duties, her hand came into contact with the blade and she sustained a deep laceration. It was a serious injury to a part of the body that most of us rely on for almost everything we do, from work to the smallest daily tasks.
Our investigation centred on the machine itself. Our case was that the saw was not adequately safeguarded, meaning the dangerous moving part was not properly guarded against contact. Under both the long-standing common law duty owed by every employer and the specific requirements that apply to work equipment in Northern Ireland, an employer must ensure that machinery is safe to use and that dangerous parts are guarded. Where that does not happen, the workplace is not a safe place of work.
Machinery and equipment injuries remain among the most serious workplace accidents we see in factories and industrial settings across Belfast, Lurgan, Craigavon, Portadown and the wider Northern Ireland area. They frequently involve the hands, and the consequences, both physical and psychological, can be lasting.
Unlike many road traffic claims, where fault is often admitted early, this claim was contested from the outset. The employer’s insurer denied liability, which meant the burden fell on us to prove not only the injury, but that the employer had failed in its legal duties and that this failure caused the accident.
A denial of liability is not the end of a claim. It is the point at which careful, methodical preparation matters most. We built the case around the central issue: the adequacy of the guarding on the saw and the safety of the system of work our client was asked to follow. The relevant legal framework in Northern Ireland includes the employer’s common law duty of care, the Health and Safety at Work (Northern Ireland) Order 1978, and the Provision and Use of Work Equipment Regulations (Northern Ireland) 2003, which require dangerous parts of work equipment to be effectively guarded.
Running a denied-liability claim to the door of the court, and being ready to prove it, is often what moves an insurer from outright denial to a settlement that properly reflects the injury. That is what happened here.
A serious hand injury is rarely just a physical wound. It affects grip and function, it can leave permanent scarring, and it frequently carries a significant psychological burden. To present the full picture, and to value the claim correctly, we instructed experts across four separate disciplines.
Assessed the laceration, the surgical treatment required, and the nature and permanence of any residual scarring and cosmetic effect.
Reported on grip strength, dexterity, rehabilitation and the lasting impact on the practical use of the hand at work and at home.
Assessed the psychological consequences of the accident, which can be considerable after a sudden and painful injury at work.
Quantified the help our client needed with daily tasks during recovery, a recoverable loss that is often overlooked in hand-injury claims.
Together, these reports established both the seriousness of the injury and its financial consequences, the foundation for a £200,000 settlement.
Courts in Northern Ireland refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases in Northern Ireland (the “Green Book”), which contains specific brackets for hand injuries. A serious hand injury attracts substantial general damages, and the final figure here reflected both those general damages for the injury itself and special damages for our client’s financial losses, including the care she required and the effect on her ability to work.
Every claim turns on its own facts, and a contested case takes longer than one where fault is admitted. Here is how this one progressed, from accident to settlement.
Our client sustained a deep laceration to her hand while operating a saw in the course of her employment.
The employer’s insurer disputed responsibility in full, putting fault, as well as injury, in issue.
We gathered the evidence to show that the saw was not adequately safeguarded and that the system of work was unsafe.
Plastic surgery, hand therapy, clinical psychology and a care assessment established the full extent of the injury and its consequences.
With liability denied and the injury serious, proceedings were issued in the High Court to bring the claim to a hearing.
The claim was resolved on terms satisfactory to our client shortly before the hearing, without the need for a contested trial.
Compensation in a Northern Ireland personal injury claim is made up of two parts: general damages (for the injury itself, its severity and its lasting effect) and special damages (for financial losses and expenses). At £200,000, this claim sat firmly within the jurisdiction of the High Court, well above the £30,000 ceiling that currently applies to personal injury claims in the County Court. Four factors drove the outcome.
A significant hand laceration with surgical treatment, residual scarring and a lasting effect on function and confidence.
Liability was contested, so the value reflected the strength of the evidence we assembled on the unsafe equipment and system of work.
Care during recovery and the effect on our client’s ability to work were quantified and claimed on top of general damages.
Issuing High Court proceedings and preparing for trial signalled that the claim would be proven, not abandoned.
Yes. Employers in Northern Ireland have a legal duty to provide safe equipment, a safe place of work and a safe system of work. Where a machine is not properly guarded or maintained and a worker is injured as a result, the worker may be entitled to compensation. Injuries involving saws, presses, conveyors and other machinery are among the most serious workplace accidents, and they are often defensible on the evidence.
A denial of liability does not mean the claim is over. In this case the employer’s insurer denied liability in full, and we still secured £200,000 by building the evidence and being prepared to prove the case in court. Employers and insurers sometimes also allege that the worker was partly to blame, known as contributory negligence. Even where some element of that applies, it usually reduces rather than removes a claim. The right response to a denial is careful preparation, not retreat.
Understandably, this is one of the most common worries for people injured at work. A claim is normally made against the employer’s insurance, which exists precisely for this purpose, rather than against the employer personally. Workers have legal protections, and being treated unfairly for pursuing a legitimate injury claim raises separate legal issues. We are always happy to talk this through in confidence before you decide anything.
It depends on the severity of the injury, its lasting effect on the use of the hand, any scarring, the psychological impact and your financial losses. Courts in Northern Ireland use the Green Book guidelines, which set out brackets for hand injuries, and serious hand injuries attract substantial general damages. Financial losses such as lost earnings and care are added on top. Every case is different, so the only reliable way to understand the likely value of your claim is to have it assessed.
In most cases, no. Even where proceedings are issued, the majority of claims settle before a contested hearing. In this case High Court proceedings were issued because liability was denied, but the claim settled shortly before trial and our client did not have to give evidence at a hearing.
Yes. Under the Limitation (Northern Ireland) Order 1989, claims for personal injury must generally be brought within three years of the date of the accident, or the date you first knew your injury was linked to it. Different rules apply to children and to people who lack legal capacity. Because evidence is easier to gather soon after an accident, it is best to take advice early.
Campbell & Haughey Solicitors has acted for injured people since 1978 and practises from offices in Lurgan, Belfast, Ballygawley and Dublin. Our litigation team handles employer’s liability and accident at work claims across Belfast, Lurgan, Craigavon, Portadown, Armagh and the wider Northern Ireland area, including injuries involving machinery, manual handling, falls from height, defective equipment and unsafe systems of work.
The approach in this case, contesting a denied liability claim head on, gathering thorough expert evidence, and preparing the case for trial, is the approach we take to every serious injury claim. We are client-centred, not costs-driven, and we offer a free and confidential initial consultation with no obligation. If you would like to understand the likely value of a claim, you can also try our personal injury compensation calculator.
If you have been injured at work in Belfast, Lurgan, Craigavon, Portadown or anywhere in Northern Ireland, and especially if your employer has denied responsibility, the earlier you take advice the stronger the evidence we can gather for your claim. Our initial consultation is free and confidential.
The client’s name has been changed to “Sarah M.” and identifying details generalised to protect confidentiality. The settlement figure refers to this individual case and is not a prediction of the value of any other claim: the value of a personal injury claim depends on the specific injuries, circumstances and evidence. This case study is provided for general information only and does not constitute legal advice. Always take independent advice tailored to your own circumstances.
