According to a recent report by the Health and Safety Executive (HSE), two construction companies have been fined as a worker was crushed and has suffered serious injuries after an excavation collapse. The employees were carrying out drainage works within an excavation on a construction site in 2018 when a section of the unsupported wall collapsed and crushed one of the workers. This caused the worker serious injuries.
An investigation by the Health and Safety Executive (HSE) identified that W & E Lammie failed to plan the precautions or practicable steps necessary to prevent danger to any person entering the excavation, failed to provide supports or battering to ensure the excavation did not collapse and failed to provide appropriate training and supervision to the employees carrying out the drainage works. The investigation also identified that in their role as principal contractor,
Auberne Homes Limited, failed to plan, manage, and monitor the drainage works being carried out on their construction project.
Speaking after the hearing, HSE inspector Duncan Officer said: “This incident could so easily have been avoided had the excavation work been properly planned and carried out by suitably trained individuals to ensure that the appropriate safety measures were implemented to prevent excavation collapse. Had the principal contractor
carried out suitable checks they could have been identified that those carrying out the work were untrained and that safe working practices were not being followed on site.”
Crush injuries can occur when a heavy load collapses, trapping someone beneath. For example, materials falling from a warehouse shelf or collapsed structures on a building site. The object does not have to fall very far to cause serious crush injury.
Employers are responsible for keeping the work environment as safe as possible. They must also supply Personal Protective Equipment (PPE) to protect workers from crush injuries. Therefore an employer may be liable for a worker’s injuries if they fail to supply PPE such as hard hats and steel toe-capped boots.
Employers must also follow health and safety rules, such as The Construction (Design and Management) Regulations 2015. If they do not follow these then they may be liable for the accident. This was the case in the situation with the worker in the HSE investigation.
Serious injuries are life-changing injuries that have a catastrophic effect on the injured person’s quality of life. Examples include brain injury, spinal cord injury, amputation, severe burns and blindness.
Anyone who sustains a serious injury will be facing a less-independent future. On a practical level, they may have to change jobs or give up work altogether. This can place a strain on their finances. Specialist equipment such as wheelchairs, prosthetics or visual aids may be needed, and modifications may need to be made to the family home. Some injured persons will also require 24-hour ongoing support.
No amount of compensation can reverse the impact of a serious injury but it can cover the cost of rehabilitation. Our panel of serious injury claims solicitors are on hand to ensure that you get all the care and support you need.
How We Can Help With A Serious Injuries Claim
Here at The Compensation Experts we work with solicitors who have years of experience in all personal injury claims. This includes accidents at work and serious injuries. So contact us today by filling in our contact form. Or call us on 01614138765 to speak to one of our friendly knowledgeable advisors.