A company has been fined £30,000 after a delivery driver suffered a fatal accident at work.
Father-of-four Levi Alleyne (known as ‘Chunky’) lost his life whilst he delivered crushed concrete to a construction site on Swallowfield Road, Reading, on 16 November 2020.
The devastating incident occurred when the crane arm on Mr Alleyne’s delivery lorry came into contact with an overhead power line, creating an electrical charge. The 41-year-old later passed away from his injuries.
Health and Safety Executive investigation
A Health and Safety Executive (HSE) investigation found BBM Contracts Limited, the principal contractor, ordered the delivery and chose the area where the crushed concrete would be delivered. However, the delivery area was located below an 11kv overhead powerline.
The company was aware of the presence of overhead powerlines. Still, it did not consider whether there was an alternative way of working which avoided them, nor did it put in place demarcations or warnings. An alternative delivery route was subsequently used following the incident.
BBM Contracts Limited, of Aldbourne Avenue, Earley, Reading, pleaded guilty to breaching Regulation 13(1) of the Construction (Design and Management) Regulations 2015. The company was fined £30,000 at Reading Magistrates’ Court on 20 June 2024.
HSE principal inspector Georgina Symons said: “This tragic incident led to the death of a father-of-four. This death might have been prevented if the contractor had correctly identified and managed the risks involved.
“The dangers associated with overhead power lines are well-known and a wealth of advice and guidance is freely available from HSE and other organisations.”
This prosecution was brought by HSE enforcement lawyer Samantha Tiger and supported by HSE paralegal officer Helen Jacob.
How to claim for an accident at work
Whether you are an employee, agency worker or contractor you may be able to claim for an accident at work.
The Health and Safety at Work Act 1974 states that it is the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.
This includes assessing risks, and implementing strategies to minimise risks, providing adequate training and protective equipment for all workers, and carrying out checks to ensure maintenance of any equipment is up to date.
However, if you have suffered an injury at work, you may be entitled to make a claim.
Accident at work- how long do I have to make a claim
Legal proceedings must be commenced within 3 years from the date of your accident. Failure to do this may result in your claim being time-barred and you may not be able to claim compensation.
If a loved one has deceased, the time limit for bringing a claim is 3 years from the date of death.
What compensation can I claim?
Each Employers’ Liability case is assessed individually and is dependent on supportive medical evidence. You can claim for:
- General Damages – Made for the pain, suffering, and loss of amenities of life that are evidentially linked to the accident at work directly. The pain and suffering element of the award compensates for all past, present, and future physical and psychiatric symptoms.
Loss of amenity means the inability to complete activities, either temporarily or permanently, after an accident, which could be undertaken before. This is an award designed to compensate you for the actual injuries suffered, and the effect those have had on your quality of life.
- Special Damages – Compensates for any financial losses or out-of-pocket expenses as a result of the accident at work. This would include (but is not limited to) 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, or 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 the 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.
How much compensation will I get?
The amount of compensation you can claim depends on the severity of your injuries 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 your claim.
The Judicial College Guidelines set out financial brackets for common types of injuries, as will be referenced to estimate the value of the claim.
The guidelines are broken down into the affected body parts and the 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.
Precedent case law is also relied on to support the valuation and consideration must also be given to whether you have had a pre-existing disability or whether the injury accelerated a pre-existing condition.
Even where the older injury may not be symptomatic at the time of the accident, it is something that will have to be considered and would affect the value of your claim.
How long does an accident at work claim take?
Each case is different and whether an insurance company agrees to deal with a case depends on several factors. It is therefore very difficult to advise on the length of time a case may take as it may be that it is not clear who is responsible for your accident.
Your solicitor will advise you if there are issues that arise which means the duration of your case will be affected. It will depend on various matters, such as:
- Whether your employers admit fault
- Whether proceedings would need to be issued to secure compensation
- Speed of communication between parties
- Issues with your medical records/reports
Why should I use Oakwood Solicitors for my accident at work claim?
Oakwood Solicitors Ltd is an expert in Employers’ Liability cases and has over twenty years of experience in running and pursuing these cases.
We will ensure that we update you at every stage of the case and you will have a dedicated handler from the very beginning. It can be very stressful after an injury and our team can assist you by breaking down the legal jargon during the process and listening to you.
When you instruct us, you can expect a friendly, down-to-earth approach together with extensive knowledge of the field which will be used to fight tenaciously with the insurers to achieve the maximum level of compensation possible for you.
Why should I use Oakwood Solicitors Ltd?
Oakwood Solicitors Ltd agrees to work on your Personal Injury claim on a ‘no-win, no-fee’ basis. If your claim is unsuccessful, you will not be expected to pay us a penny.
If you are successful in your claim, we take a percentage of the compensation meaning that the only time we will receive money is if we have brought your claim to a fruitful conclusion.
You will have a dedicated advisor who will see your claim through from start to finish, assisting you in the event of any queries or issues you may have. If it is preferable to you, we can assign a female advisor to carry out your claim.
Your case handler will also continue to provide regular updates until the conclusion of your claim, ensuring the process is as stress-free and effortless as possible.
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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