Our client, a field services operative employed by Siemens, had been working offshore when a workplace accident occurred.

He was referred to Thompsons Solicitors in Scotland so that we could pursue personal injury compensation on his behalf.

The background

Our client was injured at work in March 2018. He had been working on a three train compressor. He and a colleague needed to adjust several bolts and were using a ratchet tool.

Several of the bolts came loose easily, but one required our client to adjust his grip on the tool for more leverage. As he pulled the ratchet towards him with some force, the tool failed and, as a consequence, jarred our client's hand.

After the incident, our client felt pain in his hand but managed to carry on with his work for the day. The ratchet was sent to mechanics where it was stripped back. It was later deduced that it was defective as a result of inadequate maintenance.

The consequences

The day after the offshore workplace accident, our client's finger had swollen and on leaving the platform the next day he sought treatment.

Our client had suffered a proximal phalanx fracture to his left middle finger which required K-wires to be surgically inserted.

The offshore worker was unable to return to work as a field service operative for some months after the work accident and although he was paid basic pay and picked up some onshore office work, he lost out on a considerable amount of offshore overtime payment.

The settlement

Thompsons' personal injury solicitors intimated the claim in respect of Regulation 3 of the Management of Health and Safety at Work Regulations 1999, and Regulations 4, 5 and 6 of the Provision and Use of Work Equipment Regulations.

The defenders made an initial faulty equipment accident claim offer of £12,000, which, we felt, was fair in relation to our client's pain and suffering but did not address the significant wage loss. The defender argued that their employee had not been absent from work, but Thompsons solicitors countered that our client's injury would have made it impossible for him to carry on with his regular duties and that he should be compensated at the going rate for his offshore field operative services.

The wage loss was then added to the offer and a compensation settlement amount of £20,000 was put forward.

Settlement was agreed on 20 January 2022.