Tata Chemicals fined following young father’s death

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Tata Chemicals Europe Limited has been fined following the tragic death of Michael Densmore, a young father, at their chemical plant in Northwich.

Michael Densmore, 37, from Halewood in Merseyside, sustained fatal injuries on 30 November 2016 while erecting scaffolding at Tata’s Lostock Hall site.

Tata Chemicals fined

During his work, he stepped over a trough containing heated calcium hydroxide, also known as ‘milk of lime,’ which was approximately 90 degrees Celsius. His right foot slipped on an unsecured lid covering the trough, resulting in severe chemical and thermal burns.

Mr. Densmore was immediately airlifted to Whiston Hospital’s burns unit, where he underwent specialist treatment and surgery. He was discharged after a week but suffered a fatal haemorrhage at home on 3 January 2017. Despite emergency efforts, he tragically passed away.

In a statement, Densmore’s family described him as “a loving and amazing role model” to his sons and two nieces. They expressed their profound grief, stating:

“Our lives fell apart and have not been the same since that terrible day. Nobody should have to lose someone they love due to a work accident. Michael has missed countless life events, including family milestones and celebrations.”

Investigation and Findings

The Health and Safety Executive (HSE) investigation revealed multiple safety lapses:

No permit was in place for hazardous work within the live chemical plant.
Insufficient risk assessment and communication regarding the dangers posed by the troughs containing corrosive chemicals.
Lack of proper induction and warning about the chemical hazards for the scaffolding team.
Absence of visible warning signs and improperly sealed lids on the troughs.

Tata Chemicals Europe Limited, based in Northwich, Cheshire, admitted to breaching Section 3(1) of the Health and Safety at Work Act 1974. They were fined £1.125 million and ordered to pay £60,603.54 in costs by Chester Crown Court on 5 June 2024.

HSE’s Statement

HSE inspector Matt Lea commented:

“This tragic death was preventable. Michael Densmore should not have been put in an unsafe working situation and should have been warned about the operational dangers.

“Companies must learn from this incident and ensure robust safety measures are in place. The HSE will take enforcement action against those who fall short of required standards.”

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.

Accidents 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 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.