In the accident at work compensation claim of Threlfall v Hull City Council (2010) the Court of Appeal took a robust approach to firmly enforcing the obligations of an employer to provide suitable safety clothing to its workers.
Cut tendon of finger
Mr Threlfall, who worked for the Council as a street scene operative, suffered a cut tendon to one of his fingers while clearing a garden of rubbish. Mr Threlfall was provided with equipment such as litter pickers, and also general purpose gloves. Mr Threlfall suffered the cut injury to his finger whilst lifting a black refuse sack full of rubbish.
Mr Threlfall’s case was that the Council were in breach of the safety regulations because the general purpose gloves of the type provided by the Council were inadequate, and failed to protect his fingers from suffering cut injuries. The Council defended the claim, and argued that it had been providing its employees with the general purpose gloves for a number of years, and employees had not complained of suffering cut injuries.
The Court of Appeal decided that Mr Threlfall’s accident was caused by the Council failing to fulfil its obligations under the safety regulations, in particular, the Personal Protective Equipment at Work Regulations 1992, and therefore Mr Threlfall was entitled to be paid compensation by the Council for the injury suffered due to the accident at work.
It was held by the Court of Appeal that if the Council had carried out a proper risk assessment of the work done by Mr Threlfall, it would have appreciated that Mr Threlfall needed cut resistant gloves, and not ordinary general purpose gloves, to protect his fingers from the risk of suffering cut injuries.
Suffered a cut tendon injury?
If you have suffered a similar injury whilst at work, you may be able to make a compensation claim. Contact Compensation Claim Today on today to speak to a claims advisor to start your claim.