Compensation for Man Injured by Potato Harvester

An agricultural worker has been awarded a compensation settlement of £71,000 after his leg became caught in a potato harvesting machine, resulting in serious injuries.

Stephen Hyndman, 28, was carrying out seasonal work for an agricultural contractor hired to harvest a crop of potatoes at a large farm in Cumbria. Mr Hyndman’s job was to drive the tractor and trailer next to the potato harvester. At one point, the machine became blocked and he tried to remedy the situation by pulling out potatoes.

Unfortunately, the driver of the harvester had not switched off the engine and Mr Hyndman’s trousers became caught in the machinery and his leg was dragged into it, crushing his ankle and lower leg.

The accident has left Mr Hyndman with a permanent disability and he will not now be able to fulfil his ambition to become a professional HGV driver.

When the claim came to court, the judge ruled that the contractor was vicariously liable for the negligence of Mr Hyndman’s colleague in not switching off the harvesting machine. However, the judge did not accept that Mr Hyndman had never been warned about the risks of reaching into the machine and found that he was partly responsible for the accident. As a result, his compensation award was reduced by 20 per cent to £71,000.

In the year 2009/2010, the agriculture industry recorded a sizeable increase in fatalities, with 38 workers killed on farms, compared with 25 deaths in the previous year. This is a rate of 8.2 fatal injuries per 100,000 workers, making it the most dangerous industry in which to work. Of the 38 agriculture workers killed, 17 were employees and 21 were self-employed. In addition, seven members of the public were killed in farm-related accidents.

The Health and Safety Executive has launched the ‘Come Home Safe’ campaign as part of its efforts to minimise the number of farm deaths and accidents.