Successful settlement for injured contractor following safety failures on site

Summary of the case

Brachers recently secured a five-figure settlement for our client, a self-employed contractor who suffered a serious injury while working on a construction site under the direction of the main contractor.

Our client was using his own tools to carry out work as instructed by a site supervisor. While following the supervisor’s guidance, the grinder he was using kicked back, causing a severe laceration to his wrist. The injury required medical attention and ultimately surgery to aid recovery.

Allegations of negligence

Our client alleged that the main contractor had:

a) Instructed him to undertake a task beyond the scope of his role or expertise

b)  Failed to make him aware of hazards that increased the risk to him

c) Provided inadequate risk assessments and method statements that did not contemplate the index works taking place in this way and by the Claimant

d)  Instructed him to use a grinder that was not the appropriate tool for the job, as highlighted by the accident investigation

e) Failed to ensure he had the necessary level of training and/or proficiency in the use of the grinder

f) Assigned an unnecessary task that exposed him to avoidable hazards, as the bricklayers had already proceeded with their work before the brackets were fitted

Legal proceedings and evidence gathering

Brachers sought disclosure of relevant documents, but the Defendant failed to comply. Medical evidence obtained by Brachers supported our client’s claim and recommended surgery to maximise his recovery. However, the defendant refused to fund the surgery privately due to their continued denial of liability.

As a result, Brachers issued court proceedings. The court ordered directions, including disclosure and gave permission for both parties to obtain orthopaedic expert evidence. Despite this permission, the defendant again failed to obtain their own medical expert opinion and failed to provide adequate disclosure.

Both parties agreed to instruct engineering experts and this was also ordered by the court. The expert engineering reports were exchanged, and both experts concluded that the defendant had failed to carry out a proper risk assessment and that more suitable tools should have been used for the task.

Pre-trial developments and resolution

As the trial on liability and quantum approached, Brachers made an application for specific disclosure due to the defendant’s ongoing non-compliance with the court order. Although the defendant agreed to provide the disclosure sought which was ordered by the court the defendant still failed to comply.

Shortly before trial, Brachers applied to strike out the defence on liability in view of the defendants ongoing failures to provide disclosure in line with the Civil Procedure Rules and in accordance with the order of the court. Within a week of the trial date, the defendant made a five-figure offer to settle the claim, which our client accepted.

Client feedback

Following the settlement, our client shared his gratitude:

“I found my solicitor Natalie Marsh extremely helpful and professional. At times I felt it a bit daunting. Natalie was very reassuring, very friendly and approachable. I always felt I had her support one hundred percent. Based on her support and professionalism throughout this case I would strongly recommend Brachers.” — Our client, July 11, 2025

Key takeaways

• Contractors and employers have a duty to ensure safe working practices, even when dealing with self-employed individuals.
• Denial of liability does not mean a claim lacks merit—persistence and expert legal support can make all the difference.
• Brachers strategic litigation approach and commitment to securing justice led to a successful outcome for our client.

How we can help

If you’ve suffered an injury at work—whether employed or self-employed—Brachers can help you understand your rights and pursue the compensation you deserve.

Natalie Marsh, a qualified legal executive and Associate of CILEX, has over 30 years’ experience in handling complex personal injury claims, including workplace accidents and public liability cases. She works on a no win, no fee basis.

Book a free 30-minute virtual consultation to discuss your case today.

This content is correct at time of publication