Worker found unconscious - NHS Trust fined £480,000

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Kettering General Hospital NHS Foundation Trust has been fined £480,000 after an employee suffered a brain injury after he was found unconscious in a manhole.

The man had been unblocking a drain at the hospital on 1 February 2022 when he was discovered by other members of staff.

He was rescued from the manhole by Northamptonshire Fire and Rescue Service and was treated at hospital for acute sulphate intoxication. This resulted in a traumatic brain injury, and ongoing issues with memory loss and nerve damage.

Worker found unconscious

A Health and Safety Executive (HSE) investigation found that Kettering General Hospital NHS Foundation Trust failed to identify the manhole as a confined space, and thereafter, failed to properly risk assess the activity.

The trust failed to prevent entry of employees into confined spaces at the site – which was custom and practice for a number of years. The trust also failed to identify a safe system of work or method statement for clearing blocked drains and no precautions were identified to reduce the risk of injury.

HSE’s investigation also highlighted that no confined space training was given to members of the estates team and insufficient information and instruction was provided to those involved as to the methods to be adopted, the risks involved and the precautions to be taken, when clearing drains and entering deep drains or manholes.

Kettering General Hospital NHS Foundation Trust, of Rothwell Road, Kettering, Northants, pleaded guilty to breaching Section 2(1) of The Health & Safety at Work etc. Act 1974. The trust was fined £480,000 and ordered to pay £4,286.15 in costs at Wellingborough Magistrates’ Court on 9 January 2024.

The prosecution was brought by HSE enforcement lawyer Samantha Wells.

HSE Inspector Heather Campbell said:

“This case highlights the dangers of working in confined spaces. The manhole should have been identified as a confined space, and risk assessed accordingly. Safe systems of work for entry into confined spaces should have been in place, such as those outlined in the HSE’s Approved Code of Practice.”

Workplace injury – 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. Moderate in

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, 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 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 believe or feel you have a claim, contact Oakwood Solicitors for a free initial consultation regarding your options.

NHS Trust fined £480,000 after worker found unconscious in manhole