I am a self employed window fitter and I sub contract through a company. On Monday I was removing a large section of single pained glass from a window on a customers house. Our company as well as many other window installers know that smashing glass out into a dustsheet/tarpaulin is far safer than trying to removing it whole. The customer was adamant that he didn’t want us to do it that way and made me try and remove it whole. This ended up causing the large section of glass to crack and badly cut my hand open. I have been told by Torbay Hospital that I will need an operation at Exeter Hospital with a Plastic Surgery team as I have no feeling in my thumb and cannot move it. They suspect that I have cut my tendon and caused numerous nerve damage. I am unsure of how long i’m going to be off work for. Can I claim?

Ian Morris

You have clearly suffered a very nasty laceration at work and the fact that you now face surgery indicates the severity of your injury. Given the impact that this will have on your life for the next couple of months, it would be wise to further investigate as to whether or not you have a valid claim for work accident compensation.

To succeed with a claim, you would need to be able to demonstrate employer negligence in this incident as it is unlikely that you could hold the customer liable. Although you are a self-employed sub-contractor, the company for whom you were working does still have a responsibility to your health and safety at work. With this in mind, we would be interested to know what personal protective equipment requirements the employer placed on you or provided – such as safety gloves. Also, did the company instruct you to remove the pane of glass whole despite your ‘usual practice’ being to smash it on to a dust sheet?

Reply