Accidents At Work

Claimant was employed as an assembly worker fitting various components. When arriving at work one Monday morning, claimant was advised that the working system had been changed. The changes required her to lift the components to her desk and put them back on to the floor when she had finished working with them. By the end of her first day she had severe pain in her neck and shoulders as a result of carrying out this task and had to take sick leave. She returned to work after six weeks after being informed by her doctor not to carry out lifting tasks. However, the employer required her to continue with this type of work, and as a result she had no option but to leave. Four years later she was still suffering some pain and discomfort, and had, in addition, become depressed as a result of the financial problems caused by her inability to work.Her claim was successful and she was paid out 40,000 Claimant was a 23 year old Roofer who suffered severe scarring injuries to both arms when he fell through a hole in a roof. His claim was successful and he was paid out in excess of 5,000 Limitation dates Time allowed to bring a claim 3 years from date of accident

Accidents at Work
Workman compensated following fall through unsafe roof
Mr C was a self employed labourer who fell through an unsafe flat roof whilst working for a developer on the site of a building development. As a result of the fall Mr C suffered fractured ribs and a fractured shoulder blade, causing a great deal of pain and he needed nursing by a family member after his discharge from hospital. When Mr C consulted Irvings we advised him to pursue a claim.

The developer completely denied liability and even denied contracting work to Mr C, alleging that he was not a lawful visitor and that he had gone onto the roof to steal lead. Irvings issued proceedings. The developer continued to deny that our client was a lawful visitor, or that he owed any obligation to him as he was not an employee. We argued that although contracted on a self employed basis (as is common in the construction industry), he was still a worker or employee for the purpose of Health and Safety regulations. At the time of the accident Mr C was working away from home and staying in lodgings paid for by the developer. In order to prove that Mr C was contracted to work for the defendant , we obtained evidence from the landlady of the lodgings that defendant paid his rent for the period around the time the accident occurred, and also obtained other evidence which confirmed that he was indeed working on the site. Irvings maintained that as Mr C was a labourer and not a roofing specialist he should not have been required to go onto the flat roof unless the defendant had had its condition assessed and had ascertained that it was safe to walk on. Because Mr C was coming up for retirement there was only a small claim for loss of earnings. However he had endured pain and suffering and we claimed compensation for this, together with medical expenses. The matter continued until the defendant offered to settle a few days before trial was due to take place, and paid Mr C the sum of 22,000.