AA v. RP Ltd – Manchester, Lifting/Crushing Injuries

The Claimant was a renderer/plasterer undertaking high level newbuild construction work.  Whilst rendering rooftop panels, the Claimant moved to the side of the building to collect a bag of render from a pallet raised from ground level via a scissor-lift.  As he did so, the lift tipped forward causing the pallet to fall, pinning the Claimant against scaffolding.  As a result, serious injuries were sustained, including multiple fractures (some of which compound) mainly to limbs and back.

The Claimant underwent surgery, was hospitalised for a prolonged period, suffered a pulmonary embolism and deep vein thrombosis.

Following discharge from hospital and extensive rehabilitation, a substantial, albeit incomplete, recovery was achieved by around four years post-accident.  During that period he incurred loss of earnings based on a pre-accident annual average of approximately £24,000 per annum.

Post-accident and rehabilitation, he was unable to bend, stretch, squat or weight-bear as before partial recovery resulting in a significant disadvantage in the labour market.  He was unable to return to his chosen employment and though keen to resume work, the only employment suitable for the compromised physical outcome meant a significant and continuing loss of earnings through to retirement.

The Claimant also suffered PTSD and depression as a result of the accident, requiring CBT.

Insurers were slow to deal with the case and, due to this, proceedings were issued at Court, the case settled pre-trial in a substantial six-figure sum.[1]

[1]              Allegations of negligence and breaches of the Construction (Health, Safety & Welfare) Regulations 1996, the Construction (Design & Management) Regulations 1994, the Work at Height Regulations 2005, the Workplace (Health, Safety & Welfare) Regulations 1992, the Provision and Use of Work Equipment Regulations 1998.

Skills

Posted on

23rd August 2017

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