A company has been fined £120,000 after a man was killed in an accident at work.
Steve Rooke, 55 was working at Mifflin Construction Ltd in Leominster, Herefordshire, a company which specialises in manufacturing and installing steel components when he became trapped between two heavy steel beams.
The incident occurred in May 2019, when Steve, who had worked at the company for more than 27 years was using an overhead travelling crane to lift the middle of three beams to position it better on a trolley or ‘bogey’ which ran on rails in the workshop.
The beam he was lifting was 18m long and weighed 1,800Kg. But as it was lifted, it rotated in a sling, toppling sideways and trapping him against another beam causing fatal injuries.
An investigation by the Health and Safety Executive (HSE) found that the company had failed to ensure a suitable and sufficient risk assessment was conducted by a competent person to identify well-known industry standard control measures.
Suitable and sufficient information, instruction, and training was not provided to employees about lifting operations at the site. The company did not properly plan lifts and did not have a system for ensuring that there were adequately qualified supervisors present during lifting operations.
At Kidderminster Magistrates’ Court on 4 March, Mifflin Construction Limited of Worcester Road, Leominster, Herefordshire pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. They were fined £120,000 and ordered to pay costs of £50,000.
Karen Rooke, Steve’s wife said:
“Steve’s death has left a big hole in our lives. How can you move on when something like this has happened? It’s changed everything, every plan we had has gone and our future is cancelled.
“He was good at his job, hard-working and conscientious and I still struggle to understand how and why this happened.
“I’ve lost a husband and the girls have lost a loving dad and he’ll have missed out on so many things to look forward to like becoming a grandparent.”
The Health and Safety Executive guidelines state that businesses and organisations that undertake lifting operations or are involved in providing lifting equipment for others to use, must manage and control the risks to avoid any injury or damage.
Speaking after the hearing, HSE inspector Steve Richardson said:
“This incident could so easily have been avoided by simply carrying out correct control measures and safe working practices.
“Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”
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
Accident at work solicitors
If you have suffered from an Accident At Work and have been left with injuries, you may be entitled to claim against your employer. Oakwood Solicitors team of legal experts are on hand to assist you with your claim today.
Further reading
Accidents at Work – 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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