Our client had been instructed to carry out significant repairs to a shop front using ladders, a job that was due to take place over the course of one to two days.
He was involved in a fall from height that caused a fracture of one of his thoracic vertebrae. A claim was submitted on the basis that by following an approved system of work that was inherently unsafe, the employer was at fault in law by not undertaking a suitable and sufficient risk assessment. The employer was also liable for not properly planning the work at height and providing more suitable work equipment for such work
There is a presumption under the Work at Height Regulations against using ladders as a working platform unless it is not reasonably practicable to use other means.
Throughout this case the Defendant’s insurers and subsequently their Solicitors failed to provide a legitimate argument to support the belief that providing a working platform, such as a mini tower scaffold, would not have been reasonably practicable. The Defendant’s insurers and Solicitors refused to enter into negotiations with us.
We advised the client to commence Court proceedings. No offers followed and the matter went to trial.
At the first Court hearing, the trial Judge ruled against our client. We advised him that the Judgment did not reflect the correct legal position and an Appeal was lodged.
The trial judge refused to give leave to appeal but the Court of Appeal considered that there was sufficient merit in our arguments and granted permission.
The Defendant refused to engage in mediation and we advised the client to continue with the claim. Just over one month before the case was due to go to the Court of Appeal the Defendant put forward an offer and the claim was finally settled. Our client went on to receive a significant compensation settlement from the Defendant.
If you have suffered a fall from height whilst at work you could be entitled to claim compensation for your injuries. If you believe your employer was responsible for your accident contact Carrs today by calling 01204 496898.
At Carrs Solicitors, you will always have a senior solicitor who will personally handle every aspect of your personal injury claim and who will always be available to answer your questions. We are ready to listen and to offer free impartial advice in strict confidence.
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