Last updated on November 30th, 2021 at 01:09 pm

Andrew had worked for the firm as a builder for 8 years, carrying out various building tasks.  He was an experienced builder but says he had not received training from his employer regarding the use of ladders.

Wind and unsecured ladder causes fall

On the day in question, Andrew was up a ladder that was being held by a colleague when the wind became such that they decided it was too dangerous to continue. Whilst he was at the top of the ladder the wind blew it to the side, and with his colleague unable to hold it, the ladder fell and Andrew fell with it, landing in a standing position. He was airlifted to hospital and a full body scan showed that he had fractured his neck, badly shattered his right ankle and heel bone and badly bruised his left foot.

After three weeks in hospital Andrew returned home but was unable to do anything for himself.  After six weeks, and with chest pains, Andrew returned to hospital where he was diagnosed with a pulmonary embolism and pneumonia in the same lung.  This led to more drugs and injections into his stomach.

Significant consequences of fall

The pain and stress that Andrew has suffered has led to him feeling suicidal on more than one occasion.  Whilst he had not known at the time, Andrew had hit his head during the fall and this has led to difficulties with memory and irritability also.  By the spring/summer of 2015 he had improved somewhat and was having good days and bad, he still had difficulty with many activities, especially walking and standing. His bosses were pestering him to come back to work, but he was unable to.

Currently, Andrew still has to use crutches, can’t drive far, is still in pain after activity, can’t work, takes painkillers daily as well as anti-depressants, has arthritis and suffers nightmares.  He is awaiting an appointment to see spinal consultant.  He is worried about future employability in his trade, which he previously enjoyed.

During all the time that Andrew has been ill, his wife has looked after him, using up holidays and reducing her hours.  Both have lost earnings and they have had to use savings to live.  The financial stress has been enormous.

Graysons secures six figure compensation

Andrew sought help from Graysons and we made a claim to the building company, stating it had breached the Work at Height Regulations 2005 and the Provision and Use of Work Equipment Regulations 1998, which say that an employer must maintain a safe system of working and a safe place at work for employees and visitors.  Also that the employer must risk assess all work at height and remove the need to work at height if possible, or take reasonable steps to reduce the risk of injury to the lowest practicable level.

The company admitted liability early in this case, but, despite its directors telling Andrew’s wife that they would deal with a claim fairly and not oppose it, they did not accept Andrew’s condition and prognosis.  Our personal injury experts issued proceedings and told the court that Andrew would have severe difficulty finding anything other than sedentary work in the future.  However, Andrew’s former employer tried to persuade the court that his capabilities were greater, suggesting that Andrew was capable of pursuing meaningful employment as a watch repairer or janitor. We argued his point and, with the assistance of an occupational therapist’s opinion , the company accepted the extent of the future loss of earnings claim.  We secured a substantial settlement for Andrew covering compensation for injury, care, future care requirements and future partial loss of earnings.

If you have had an accident at work and need to find out if you can claim compensation, please contact our experts now.  You can also find out more by reading our accidents at work web pages.