Our specialist Accident at Work team has recovered a substantial six-figure sum for a client who suffered serious injuries as a result of an accident in the workplace, for which we secured an admission of full liability (fault) from the employer.
This case highlights the need for employers to ensure that all necessary precautions and procedures are in place to provide employees with a safe place of work and that they are provided with a safe system of work.
How did the accident happen?
Our client was employed as a rigger and was working on an oil platform in the North Sea. On a rainy night in June he was tasked with preparing an area for work. This involved him walking along a steel beam which hung about seven feet above deck. Our client slipped, struck his head on the beam and fell to the deck below. Whilst he had been provided with a harness for the task, the valve which the harness was clipped onto had become detached and failed. That night our client was admitted to Accident & Emergency (A&E) with fracture to his skull.
What injuries did the client suffer?
Our client suffered significant injuries including a laceration to his head, soft tissue injuries and a skull fracture. As a result of the fracture to his skull, our client developed symptoms of vertigo, dizziness and disorientation. These injuries have been life changing for our client and are not expected to improve. Our client continues to suffer from these injuries which have had a major impact on the quality of his life. Due to the nature of his head injury, our client will be unable to return to offshore work.
Injured within the course of employment - what is the legal position?
In terms of the relationship that exists between employer and employee there is a legal obligation incumbent upon employers to take reasonable care of their employees and keep them safe from harm during the course of their employment. In this case, we were able to prove that the lack of workplace procedure and safety equipment was a key factor in the injury. Following the accident the employers have implemented new procedures and more stringent maintenance of their safety equipment.
In order for a client to be able to recover damages for injury we have to establish that there was negligence and, as a result of that negligence, there was loss suffered. In relation to the facts of this case, it was reasonably foreseeable that the failure of the safety equipment and lack of maintenance therefore, would create a hazard to employees.
We intimated details of our clients' losses and the breaches that led to this accident taking place. Full liability was admitted and a substantial six-figure sum for compensation was recovered for our client for his personal injuries and financial losses to date and losses he will suffer in the future.
The Claims Process
We intimated the claim to the employers and set out the basis for our client's claim. The employers then undertook investigations in relation to how and why the accident happened and considered the breaches of duties of care we alleged.
Following this investigation the employers indicated that they accepted fault for this accident and their insurers agreed to deal with our client's case in a positive way.
We instructed specialist medical and financial reports to prove the extent of loss suffered by our client.
Due to limitation dates, we required to litigate the case at the Court of Session in Edinburgh.
Working to strict court timetables we ensured our client's claim was settled in full without any needless delays.
When you suffer an accident at work it is important that specialist workplace injury solicitors are instructed.
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Our Personal Injury team is experienced in representing those injured in workplace accidents. We will give first class legal representation, support and care to an injured person and families of those injured in Scotland.
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