A recycling company has been fined £2.15million after an agency worker was killed by a loading shovel at its site in Hartlepool.
Dean Atkinson lost his life when he was struck and run over by a vehicle at Ward Recycling Limited’s premises on Windermere Road, Longhill Industrial Estate in January 2020.
Health and Safety Executive (HSE) inspector Stephen Garner said Mr. Atkinson’s death could have been prevented had Ward Recycling implemented an alternative traffic route for pedestrians at its site on Windermere Road.
Simple measures like providing suitable separation between pedestrians and vehicles are set out in HSE guidance on workplace transport.
Mr. Atkinson, 32, had been returning from the site’s welfare cabins to his workstation on the picking line.
To do so, he needed to walk across a traffic area at the site where mobile plant, including two loading shovels, operated.
One of the loading shovels struck and killed Mr. Atkinson when he was walking in the traffic area.
Mr. Atkinson’s death prompted investigations from HSE and Cleveland Police with Ward Recycling later being prosecuted by the Crown Prosecution Service (CPS).
The company was found guilty to committing corporate manslaughter and breaching health and safety regulations after a trial at Middlesbrough Crown Court last month.
The HSE investigation into the incident found Ward Recycling, which went into liquidation in 2021, failed to protect pedestrians from the mobile plant operations it was carrying out at the site.
There were no suitable traffic management arrangements in place, meaning pedestrians were at risk of being struck by moving vehicles, including loading shovels.
Part due to the limitations to the operator’s visibility around the machine – a HSE visibility assessment found that an area over 10 metres in front of the vehicle could be obscured from the driver’s view.
Ward Recycling Limited, formerly of St Peter’s Square, Oxford Street, Manchester, was found guilty of breaching Section 1 of the Corporate Manslaughter and Corporate Homicide Act 2007, Section 2(1) and Section 3(1) of the Health and Safety at Work etc. Act 1974.
The company was fined £1.75m for corporate manslaughter and £400,000 for breaching health and safety regulations at Middlesbrough Crown Court on 26 January 2024.
HSE inspector Stephen Garner said:
“This tragic incident could easily have been avoided if Ward Recycling had implemented simple control measures.
“Following the incident, it took the company less than a week to put in place an alternative traffic route to protect pedestrians.
“Had this been in place before the incident, Dean Atkinson would not have lost his life. Sadly, pedestrians being struck by vehicles on waste sites has caused many fatal accidents on waste sites and the industry should be well aware of the risks.”
Accidents at work – 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
Further reading
Accidents at work claims – Oakwood Solicitors
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Alex Singleton joined Oakwood Solicitors in April 2021 as an experienced Paralegal, having worked in Personal Injury since 2018. Currently, Alex works in the Employers’ Liability and Public Liabilit…
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