Kechia Hutchinson

Kechia’s client, Mr J, had been subcontracted to the defendant for four to five years at the time of the accident. The defendant contractor was putting up a bandstand and its employees instructed Mr J to carry bandstand handrails/brackets up a ladder that had been erected alongside scaffolding. It was not known who had erected the ladder, but it was not safe.   It was tied off with nylon rope at the top and only loosely attached to the scaffolding tubes. It was not fixed anywhere at the base.

When Mr J was around 10 -12 rungs from the bottom, without warning, the ladder started to fall away from its position against the scaffolding.  He lost balance and fell to the ground, landing heavily on his side.

It is noted that Mr J was working in a safe way, carrying two handrails in his left hand whilst maintaining the required three points of contact on the ladder with his feet and his right dominant hand.

Mr J lost consciousness for a few minutes and was being treated by a first aider when he awoke.  The defendant called an ambulance, and he was taken to hospital.

X-rays were taken and he was diagnosed with front and rear pelvic fractures, a closed head injury and lacerations to his head. He remained in hospital for 13 days and was then taken home by ambulance. He was unable to leave his home, which is above ground floor level, confined to bed for nine days.

As well as the severe physical injuries, Mr J suffered psychologically, including insomnia and weight loss.

Mr J contacted Graysons, who made an employers’ liability claim against two potential defendants – the main contractor on site (defendant one) and the contractor to whom Mr J was subcontracted (defendant two), alleging that, amongst other issues the defendant:

• failed to ensure that working platforms were strong and secure enough and failed to ensure that the ladder was secured sufficiently
• failed to provide a safe working space and working method
• allowed Mr J to use the ladder when it was clearly unsafe to do so
• failed to ensure that contractors on site were trained adequately or at all in work at heights so as to ensure their safety
• failed to carry out adequate risk assessments

Neither potential defendant admitted liability initially.

Defendant two had agreed to arrange rehabilitation on a without prejudice basis to liability and arranged the initial needs assessment required.  However, following this, it then declined to fund the rehabilitation.

Graysons made it clear to defendant two that Mr J needed the rehabilitation to aid his recovery and urged them to reconsider. Defendant two eventually confirmed that it would fund this and admitted liability at the same time.  It agreed a £5,000 interim payment to the client.

Reports were obtained from an orthopaedic surgeon, a psychologist, and a pain management specialist.

Sadly, the client died before the medical evidence was completed and before he was able to return to any work, significantly limiting the claim.  Mr J’s son then took over the claim and Graysons proceeded with the case against defendant two.

Graysons disclosed all the medical evidence it had to defendant two, and Kechia was able to settle the claim for £75,000.

If you believe that you have had an accident that was not your fault and you wish to make a claim against your employer or another workplace contractor, contact our personal injury experts now.  We will meet you, free of charge, to discuss the claim and provide an assessment of the potential outcome.  If we can take on your case, we will offer you a no-win, no-fee arrangement.

Author: Kechia Hutchinson