News
11:01, 30/7/2024
The man, employed as a mechanical engineer by EMC Elite Engineering Services Ltd, had been repairing a conveyor at the site on Chalfont Lane, West Hyde when he fell 11 metres on 20 November 2022.
The man, employed as a mechanical engineer by EMC Elite Engineering Services Ltd, had been repairing a conveyor at the Hertfordshire site when he fell 11 metres on 20 November 2022.
As a result, he sustained life-changing injuries, including a fractured skull, hip, jaw and pelvis.
Speaking about the incident, the man said:
“The injuries I sustained have had a massive impact on my life and some of these will be permanent. The impact on my family relationships has been massive. My wife has become my carer.
“My own behaviours have changed. I am quicker to anger and get easily frustrated. I get very impatient too. My focus has been affected and I struggle to keep up with a task or maintain a conversation.”
A Health and Safety Executive investigation found that the accident occurred because stair treads had been removed in the conveyor’s stairway to ensure it could be supported by a crane during the reparation work, resulting in a gap in the stairway.
The man, who was 57 at the time, fell through this gap and landed on the concrete floor below, sustaining a fractured pelvis, skull, hip, jaw and two broken wrists.
EMC Elite Engineering Services Ltd, of Heronsgate Trading Estate, Paycocke Road, Basildon, Essex pleaded guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005. The company was fined £52,500 and ordered to pay £6,871.12 in costs at St Albans Magistrates’ Court on 15 July 2024.
HSE inspector Martin Paren said:
“This incident led to an employee suffering multiple injuries that will affect him for the rest of his life. If his employer had properly planned, instructed and supervised the work then this incident could have easily been prevented.”
This prosecution was brought by HSE enforcement lawyer Sam Wells and supported by HSE paralegal officer Imogen Isaac.
This is not the first accident of this nature to have occurred on a HS2 site.
According to reports, a man died while working on the Balfour Beatty Vinci JV’s (BBV) HS2 rail link site in Birmingham in 2023. Construction industry journal New Civil Engineer reported that it understands the worker who lost his life “was not wearing adequate personal protective equipment at the time of the accident”.
Meanwhile, according to the Health and Safety Executive, five more HS2 workers were injured the Mandeville Road site next to Northolt Tube station in London, on Saturday 26 August 2023 Medica reports that the incident involved a vent shaft, and some of the workers suffered neck and back injuries.
Other injuries relate to the ‘deteriorating safety record’ of the Skanska Costain Strabag joint venture, SCS Railways in London.
According to The Construction Index, Unite Union understands there have been several other potentially serious incidents on the HS2 project in London. A lorry overturned into a ditch, a skill saw blade came off its mooring and shot across the site, a hammer broke a worker’s wrist and a digger bucket hit a worker’s foot.
Several of these incidents were judged to be so serious that they resulted in safety shutdowns, creating delays on the project.
If you have been injured while working on a HS2 or another construction site, you may be entitled to make a claim for your injuries.
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.
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 make a claim for compensation.
If a loved one has deceased, the time limit for bringing a claim is 3 years from the date of death.
Each Employers’ Liability case is assessed individually and is dependent on supportive medical evidence. You can claim for:
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.
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.
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.
Each case is different and whether an insurance company agrees to deal with a case depends on a number of 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:
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.
Accidents at work – Oakwood Solicitors
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Meet the author
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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