Employers owe a duty of care to employees and people working on building sites to ensure that they are not injured at work.
Our serious injuries team secures another settlement of damages for a client who was injured at work. Our client worked as a welder and was working on a building site in the Shetland Islands.
More case details
Our client suffered a head injury as a result of an unsafe working environment. There was a scaffolding pipe which was uncapped on the site- the pipe had been partly cut and snapped, This left a sharp and ragged edge and the pipe hit our client on the forehead under his welder's mask.
As a result of colliding with the uncapped pipe our client was knocked out and sustained an injury to his head. He suffered from headaches for approximately 3 months following the accident, ringing in his ears and was left with permanent scarring.
Our client was working in a confined area under pipes- he was working in cut out ground and had to crouch to get under the pipes. A scaffolding pole was positioned near to where he was working that was sticking out, had a raw edge and had no safety cap on it. Unfortunately our client didn't have time to report this to his supervisor before the accident happened.
After our client was injured he attended the medical area of the building site work where he was working to seek medical attention and report the incident. He was advised that there had been 46 safety incidents reported that week alone. Following this incident a Health and Safety team condemned the area in which our client was working and the scaffolding had to be re-constituted.
Employers have a common law and statutory duty to provide their employees with a safe place of work- our client's employers had not cut out the ground in which our client was working and had failed to provide our client with a safe place to work.
In order for us to prove that our client had a good case against his employers it was necessary to outline what areas of health and safety had been breached. We ingathered evidence to prove our client's case in terms of liability (fault) and quantum (the extent of our client's losses). We were able to prove the client had been injured as a direct result of a breach of duty of care to their employee and an award of damages was made against the employers.
We were able to successfully settle our client's claim. Employers owe a duty of care to employees and people working on building sites to ensure that they are not injured at work.
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