Crushed to death - Company fined after 22-year-old's death at work

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A company has been fined after an employee was crushed to death while carrying out his day job.

James Rourke, 22, lost his life after being struck and run over by an excavator at Sarazen Gardens, Brampton on 18 November 2019.

James and his family had celebrated his sister Katie’s 21^st birthday the weekend before the fatal incident.

The 22-year-old site engineer had been attaching ‘warning’ work signs to fencing around the site when he was hit by the vehicle.

James, from Westcliff-on-Sea in Essex, had only joined his employer, Materials Movement Limited, months before after graduating from the University of Birmingham with a degree in geology in the summer of 2019.

The firm had been hired to undertake ground clearance works at Sarazens Gardens in preparation for the building of new houses.

A Health and Safety Executive (HSE) investigation found Materials Movement Limited had failed to plan and manage the work at Sarazen Gardens.

The company failed to properly supervise the work that James and the excavator driver were undertaking to ensure it was safe. The Baldock firm also failed to ensure the work was planned and managed to eliminate any chance of James working near the excavator.

HSE guidance states employers must consider five main precautions needed to control excavator hazards, these are; exclusion, clearance, visibility, plant and vehicle marshaller and bucket attachment.

James’ mother, Clare, said in her victim personal statement:

“The sunshine has been taken from our lives and the dark gap is immense.

“Our profound loss is ever present; James is always missing. Missing from family events, Christmas, birthdays, holidays. Unknown to newborn family members. Unknown to new friends.

“Our house has a bedroom with no owner. Possessions we cannot bear to touch, photographs we cannot look at.

“We were an even family of six, now an odd family of five – incomplete, unbalanced.”

Materials Movement Limited, of Royston Road, Baldock, Hertfordshire, pleaded guilty to breaching Regulation 15(2) of the Construction (Design and Management) Regulations 2015. The company was fined £133,330 and ordered to pay £8,500 in costs at Peterborough Magistrates’ Court on 22 March 2024.

HSE inspector Martin Paren said:

“This tragic incident led to the avoidable death of a young man. This death could have easily been prevented if his employer had properly planned, instructed, and supervised the work.

“Our thoughts today are with the family of James, who should have been protected from such harm at work – because of the failings of Materials Movement Ltd he was not.”

This prosecution was brought by HSE enforcement lawyer Jon Mack and supported by HSE paralegal officer David Shore.

Clare added:

“James was perfect. He was a big part of our close family unit. He would do anything for us. We cherished him, dearly. He was a compassionate, valued friend to many and was known for his humour and gentle nature.”

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.

Company fined after 22-year-old crushed to death at work