Farm worker wins personal injury compensation after workplace accident

Posted 30/09/2010

A man who worked on a farm has been awarded personal injury compensation after an accident left him permanently disabled.

Stephen Hyndman, 28, was employed by contractor William Brown and had been harvesting potatoes in Cumbria when the incident happened in September 2003.

A blockage occurred in the machinery and he stepped down to clear it, but his colleague had not properly cut the power.

When the machine started up again, Mr Hyndman’s trousers were caught and he was pulled in, sustaining serious crush injuries to his leg and foot.

The employee took legal action against Mr Brown and Mr Justice Hart agreed at a court hearing that he had been ‘vicariously liable’ for the accident and had also breached the Provision and use of Work Equipment Regulations 1998.

Mr Hart awarded Mr Hyndman £71,000 in personal injury compensation.

Figures from the Health and Safety Executive state that 4.7 million working days were lost during 2008-09 as a result of workplace injuries.

Simon Davis, a personal injury specialist at Ashtons Legal, comments:

“Accidents in the agricultural industry tend to cause serious personal injury. The power of the machinery involved and the fact that it is set up on a temporary basis can mean that safety checks are not made. 

“Given that farm work goes on all year round and in all conditions, extra vigilance is necessary to prevent occurrences which can be tragic for all concerned, including the employer.”