Glasgow Food Company fined £300,000 after worker loses four fingers

A Scottish food company has been fined more than £300,000 after one of its workers lost four fingers while unblocking a machine at a site in Glasgow.

Kerry Ingredients (UK) Limited received the fine following an incident at its factory in Hillington on 4 August 2021. The 39-year-old man was working on a mixer at the site, where dry seasoning blends and mixes are manufactured for the food industry.

During the mixing process the machine began to develop a blockage, which the worker attempted to clear by inserting his right hand into the machine.

However, as he did so, it came into contact with the rotating blades which resulted in the amputation of four of his fingers. Since the incident, the man has had to re-learn how to do everything with his left hand.

Health and Safety Executive investigation

An investigation by the Health and Safety Executive (HSE) established that there were no fixed guards preventing access to the blades from the underside. It also found there were not any interlocked guards which would stop the rotating parts if any component on the underside of the mixer were to be removed.

Kerry Ingredients (UK) Limited of Bradley Road, Bristol pleaded guilty on 26 July 2024 to a contravention of The Provision and Use of Work Equipment Regulations 1988, Regulations 11(1) and (2) and the Health and Safety at Work etc. Act. 1974, Section 33(1)(c). At a further hearing on 8 August 2024, the company was fined £360,000.

HSE principal inspector Hazel Dobb said:

“This incident could so easily have been avoided by simply carrying out correct control measures and safe working practices.

“Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”

Accidents at Work – How long do I have to claim

For Employer Liability cases, legal proceedings must be commenced within 3 years from the date of your accident. Failure to do this may result in your claim being time-barred and you may not be able to make a compensation claim.

If a loved one has deceased, the time limit for bringing a claim is 3 years from the date of death.

Accident at Work – Who can make a claim?

Whether you are an employee, agency worker or contractor you may be able to claim for an accident at work.

In many industries, companies tend to hire contractors and self-employed workers to carry out work on projects. It is a misconception that self-employed workers are always responsible for their own workplace health and safety.

Whilst it is true that they would usually have to take out their own insurance to cover certain aspects, in some circumstances they can claim if they are injured due to the actions of an employed person.

Depending on the relationship between the company and the contractor, a self-employed contractor may be able to establish that the accident and subsequent injury was caused by another person or company.

This is largely because the self-employed person will usually have no control over the health and safety and/or risk assessments for the site they are working on.

What compensation can I claim?

Each Employers’ Liability case is assessed individually and is dependent on supportive medical evidence. You can claim for:

General Damages – Made for the pain, suffering, and loss of amenities of life that are evidentially linked to the accident at work directly. The pain and suffering element of the award compensates for all past, present, and future physical and psychiatric symptoms.

Loss of amenity means the inability to complete activities, either temporarily or permanently, after an accident, which could be undertaken before. This is an award designed to compensate you for the actual injuries suffered, and the effect those have had on your quality of life.

Special Damages – Compensates for any financial losses or out-of-pocket expenses as a result of the accident at work. This would include (but is not limited to) loss of earnings, medication or prescription charges, travel to appointments or any cost of care for the extra care you have needed from family or care providers.

If you are unable to do tasks like gardening, or walking the dog, and have to pay for these services as a consequence of your accident and subsequent injuries, these can also be claimed for.

This can also include any future loss claim and if you are unable to return to the same job as a result of the accident at work, you can claim for a lump sum based on your wages known as the Smith v Manchester award.

This is where it can be proved that as a result of your injuries, there is a risk you would find it more difficult to obtain similar employment.

However, an injured person has a duty to take reasonable steps to minimise their losses/expenses. This is called mitigation of losses, and a Court will assess whether or not the loss was reasonably incurred, before making an award.

How much compensation will I get?

The amount of compensation you can claim depends on the severity of your injuries and the effect it has had on your life. If symptoms are ongoing and are supported by medical evidence, this would increase the value of your claim.

The Judicial College Guidelines set out financial brackets for common types of injuries, as will be referenced to estimate the value of the claim.

The guidelines are broken down into the affected body parts and the type and severity of the injury.

They were introduced as it was recognised that whilst no two cases are ever precisely the same justice was required to develop consistency between awards.

Precedent case law is also relied on to support the valuation and consideration must also be given to whether you have had a pre-existing disability or whether the injury accelerated a pre-existing condition.

Even where the older injury may not be symptomatic at the time of the accident, it is something that will have to be considered and would affect the value of your claim.

How long does an Accident at Work claim take?

Each case is different and whether an insurance company agrees to deal with a case depends on several factors. It is therefore very difficult to advise on the length of time a case may take as it may be that it is not clear who is responsible for your accident.

Your solicitor will advise you if there are issues that arise which means the duration of your case will be affected. It will depend on various matters, such as:

Level of your injury
Ongoing treatment
Whether your employers admit fault
Whether proceedings would need to be issued to secure compensation
Speed of communication between parties
Issues with your medical records/reports

Employer Liability – What are the laws?

There are several laws and regulations employers must follow to ensure their workers are kept safe.

Employers have a duty of care to protect workers from harm, by ensuring that risk assessments are carried out, the correct training is given and protective equipment is provided.

Some of the regulations include the following:

The Health and Safety at Work Act 1974.
Health and Safety at Work Regulations 1999
The Personal Protective Equipment At Work Regulations 1992.
The Electricity at Work Regulations 1989

I have suffered an accident at work – What should I do?

If you have suffered an accident at work, get in touch with Oakwood Scotland Solicitors today for advice on how we can progress your claim. We can advise you on what evidence we need you to provide for us to claim compensation on your behalf.