Clarkson Wright and Jakes Ltd Banner Image

Insights

Judgment Secured in Fatal Workplace Accident Case

A protracted legal battle has led to judgment being obtained in the case of a man who was fatally injured while working on a building site.

The man died when he was hit by pieces of metal scaffolding that fell from a crane after a strap holding them snapped. It was established that the strap should not have been in use as its safety certificate had expired. In addition, an exclusion zone designed to ensure that no one was standing underneath the crane had not been enforced.

A claim was brought on behalf of the man's estate against his employer. His father, who worked for the same company and had witnessed the aftermath of the accident, also pursued a claim for psychiatric injury as a secondary victim. The company initially denied liability despite having previously pleaded guilty to breaching the Health and Safety at Work etc. Act 1974 in respect of the accident, following a prosecution brought by the Health and Safety Executive.

After the company failed to comply with court directions, an application for an 'unless order' was made, so that its defence would be struck out unless it complied fully. The day before the High Court was due to hear the application, the company admitted liability in full and a judgment order was agreed. The amount of damages would be the subject of negotiation.

Our team of personal injury lawyers have vast experience of dealing with similar matters to the case above. If you or a family member has been seriously injured from an accident in the workplace, please get in touch today on  01689 887887 for a no obligation discussion to see if we can assist you with a claim. 

View my profile
    • 01689 887822
    • 07825 134695
    • 01689 887888
    • View profile

 

 

Although correct at the time of publication, the contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article. Please contact us for the latest legal position.