Scaffolder suffered 11,000 volt electric shock

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A company has been fined and its director given a suspended prison sentence after a scaffolder suffered an 11,000-volt electric shock.

Steven Gilmore, 36, was working for contractor Canterbury City Scaffolding Ltd alongside a small team of scaffolders, to erect a temporary roof scaffold at an open-air drinks depot in Snow Hill, Crawley, West Sussex.

Scaffolder

Canterbury City Scaffolding Ltd had been contracted by Drinks Warehouse UK Ltd to erect the temporary roof structure over its open-air depot in order to provide shelter for operations during the winter months.

On 29 November 2021 the father-of-one struck a live 11kV power line running across the site while lifting a six-metre scaffold tube. He then fell over five meters to the ground suffering a badly broken leg. Mr Gilmore sustained life-changing electrical burns to both hands, which he will never regain full use of.

An investigation by the Health and Safety Executive (HSE) found that Canterbury City Scaffolding Ltd and its director had failed to ensure the high-risk temporary roof scaffold assembly job near a high voltage line was properly risk assessed.

The investigation also highlighted that, despite being fully aware of how close the temporary roof scaffold was being built to the 11kV line, no attempt was made by the scaffold contractor or its director to consult UK Power Networks (Network Operator) about line voltage and safe clearance distances.

While directing the scaffold assembly works on site himself, the director allowed his team of scaffolders to use six-metre-long metal scaffold tubes at near vertical angles within striking distance of the high voltage line without any precautions to prevent injury.

Work around overhead power lines, no matter how temporary, is high risk with serious or fatal consequences if not carefully planned and carried out. Every year people at work are killed or seriously injured when they come into contact with live overhead power lines.

Those responsible for work near overhead lines must have a clear understanding of the associated risks and precautions that need to be taken.

At Brighton Magistrates’ Court on 22September 2023 Canterbury City Scaffolding Ltd pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974.

Director, Ian Pepper, 48, of Hoath near Canterbury pleaded guilty to an offence under Section 37(1) of the Health and Safety at Work etc. Act 1974. Sentencing was adjourned to 15 January 2024.

The company was fined £50,000 and Ian Pepper was sentenced to 18 weeks in prison, suspended for 12 months, and ordered to undertake 200 hours unpaid work and 20 rehabilitation activity requirement days.

Speaking after the sentencing hearing, HSE Inspector Susie Beckett said:

“This scaffolder’s injuries were life-changing and could have been fatal.

“This incident could have been avoided if this high-risk scaffold job had been properly planned, including seeking free advice from the Network Operator on what precautions to take, and then implementing those well-established precautions to prevent accidental contact with the overhead line.”

This prosecution was brought by HSE enforcement lawyer Jon Mack.

Workplace Injury – The law

Employers have a liability to ensure their workers are safe under The Health and Safety at Work Act 1974.

The regulations set out a number of rules including providing a safe working environment that is properly maintained, where operations within it are conducted safely and adequate welfare provisions for staff at work.

It is a criminal offence to fail to comply with the Health and Safety at Work Act. A breach of provisions of regulations can be punishable by fine, imprisonment or both.

If you have suffered from a work-related accident, get in touch with Oakwood Solicitors today.

Claiming for Injury at work

You have 3 years to bring a claim within 3 years from the date of your accident, but it is advised that you bring a claim as soon as possible to pursue the matter. You can make a claim if you are an employee, agency worker or a contractor.

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 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.

Accidents at work – Compensation examples

If your Accident at Work claim is successful, you may be entitled to compensation. Compensation is awarded in special damages and general damages.

General damages are awarded to compensate for the physical and/or mental suffering the claimant has experienced due to the accident 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 the claim.

The best starting point for assessing damages is by reference to the Judicial College Guidelines, which set out financial brackets for common types of injury.

The guidelines are broken down into the affected body parts and 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.

Special damages are awarded to cover any financial losses or out-of-pocket expenses caused as a result of the incident. This could include 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, 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 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.

Workplace injury examples

Accidents at work can happen across all industries, and serious accidents can happen if employers do not follow the legal guidelines to keep employees safe. We have listed some of the most common types of accidents at work:

Construction site claims
Work at height claims
Manual handing
Trips and slips
Defective work equipment
Issues with Personal Protective Equipment (PPE)
Inadequate training
Accidents caused by colleagues or superiors

Accident at work solicitors

If you believe or feel you have a claim, contact Oakwood Solicitors for a free initial consultation regarding your options.

Company fined after scaffolder suffered 11,000 volt electric shock