Yorkshire recycling company fined £1.2m after worker struck by wagon

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A Yorkshire metals recycling company has been fined £1.2m after a worker was injured after being struck by a wagon at a processing site.

The incident occurred on 10 August 2020 when an employee of CF Booth Limited in Rotherham was walking across the site yard when he was struck by a moving 32-tonne skip wagon.

The man was not wearing his hi-vis jacket and did not see the wagon approaching. The wagon driver did not see the employee prior to the collision due to concentrating on manoeuvring the vehicle around some low-level skips which had been placed on the corner near where the employee was crossing the yard.

Yorkshire recycling company fined

Following the incident, the man sustained a fractured skull and also fractured his collar bone in two places but has since made a full recovery.

A Health and Safety Executive (HSE) investigation found that at the time of the incident the site was not organised in such a way that pedestrians and vehicles could circulate in a safe manner. A suitable and sufficient workplace transport risk assessment was not in place for the segregation of vehicles and pedestrians.

HSE found that the company had failed to take steps to properly assess the risks posed by the movement of vehicles and pedestrians, and the incident could have been prevented by implementing appropriate control measures.

Every workplace must be safe for the people and vehicles using it and traffic routes must be suitable for the people and vehicles using them, and employers have a duty of care to ensure the workplace is safe.

At Sheffield Magistrates’ Court on April 25 CF Booth Limited of Clarence Metal Works, Armer St, Rotherham, pleaded guilty of breaching Section 2 of the Health and Safety at Work etc. Act 1974. They were fined £1.2million and ordered to pay costs of £5,694.85.

After the hearing, HSE inspector Kirstie Durrans said:

“If CF Booth Limited had assessed the risks and ensured vehicles and pedestrians could circulate in a safe manner, this incident could have easily been avoided.

“Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”

How to claim for an accident at work

Whether you are an employee, agency worker or contractor you may be able to make a claim for an accident at work.

The Health and Safety at Work Act 1974 states that it is 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 to 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 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 compensate 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 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, 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.

How much compensation?

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 the medical evidence, this would increase the value of your claim.

The Judicial College Guidelines set out financial brackets for common type of injuries, as will be referenced to estimate the value of the claim.

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.

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 mean 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