Ginsters fined £1.28million after employee killed by lorry

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The owner of Ginsters has been fined £1.28 million after an employee was killed by a lorry that was delivering supplies to the bakery where it makes its pasties.

Paul Clarke was fatally crushed on 2 December 2021 after being struck by the vehicle as it reversed into a loading bay at The Cornwall Bakery, Callington, operated by Samworth Brothers.

Ginsters fined

He was taken via helicopter to Derriford Hospital, where he later lost his life.

“Our lives will never be the same without Paul,” his mother has said in a statement.

The 40-year-old, who worked as an intake operator at the bakery, had been moving strip curtains in the loading bay before being struck by the lorry.

Health and Safety Executive investigation

A Health and Safety Executive (HSE) investigation found Samworth Brothers had not assessed the risks associated with the temporarily installed strip curtains and that there was no safe system of work to move them out of the way when the lorries reversed into the loading bay. The strip curtains had been installed in place of a faulty roller door.

The site staff had not been provided with training or instructions to move the curtains and had devised their own methods, which included standing in the yard behind reversing vehicles. Mr. Clarke was new to the role and was working his first lone shift. Management failings had not picked up the additional risks associated with this task.

Bernice, Paul’s mother, said in a statement:

“Paul was a family man and loved big family holidays, which will never be the same without him. I have not been on a family holiday since I feel so much guilt towards Paul, we don’t celebrate Christmas as the date is too close and it is just not the same.

“Paul and I had a very special relationship between a mother and a son. We were always talking and catching up. I would call him every weekend and see what he was doing. He would always come out with us on a bike ride or a walk. We all miss Paul very much every day, our lives will never be the same without Paul.”

Company fined £1.28million

Samworth Brothers Limited, of Samworth Way, Melton Mowbray, Leicestershire, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £1.28 million and ordered to pay £24,106 in costs at Plymouth Magistrates’ Court on 7 November 2024.

HSE inspector Aimie Baker said:

“Bernice’s words make clear the impact the passing of Paul has had and our thoughts remain with her and her family.

“Workplace transport incidents involving pedestrians are a major cause of fatal injuries in the workplace with 25 such recorded fatalities in 2023/24. Employers should plan their workplace to reduce contact between pedestrians and vehicles.

“Their risk assessment should consider workplace transport activities, including loading and unloading, and ensure that pedestrians are safe from the risks associated with vehicle movements where they interact.

“The management arrangements further require employers to monitor and review their measures as appropriate for the risks.”

This HSE prosecution was brought by HSE enforcement lawyers Daniel Poole and Kate Harney, who were supported by HSE paralegal officer Imogen Isaac and HSE litigation officer Helen Vigus.

Accidents at Work

At Oakwood Solicitors Ltd, our team of specialised Employer Liability solicitors can help you seek compensation for your injuries sustained at work.

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.

Can I make a claim on behalf of a deceased relative?

Yes. If a loved-one has passed away as a result of an accident at work, you may be entitled to make a claim.

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 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.

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 amenity 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 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:

Level of your injury
Ongoing treatment
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.