It has recently been ruled that a company cannot cite a worker’s know-how as a defence in an accident claim case. When a company employs workers who have been in the industry for a long time or who have a high level of skill, it does not allow the company to stop providing education, training or enforcing health and safety for them.
During a case involving a scaffold erector and his scaffolding company this year it was ruled that a worker should still receive an acceptable level of training regardless of his experience.
With two decades’ experience in the scaffolding industry, the claimant was instructed to build a scaffold structure in the garden of a property. The property was attached on both sides which required the equipment to be carried through the house. The claimant constructed the scaffold while a junior colleague helped by lifting parts up to him. The last piece of equipment however was a large ladder that required two individuals to carry it. As the junior colleague headed back to the vehicle to contact the office about the problem, the claimant attempted to climb down and slipped from the structure, landing in the garden next door and receiving substantial injuries as a result.
After claiming against his company for infringement of health and safety policy, the company continually refused to accept responsibility for the accident. They argued that because the claimant had been constructing scaffolding for over two decades, he was at fault for building it poorly as well as involving himself in dangerous behaviour.
Although it was decided that the claimant was at fault to an extent, for poor construction with no thoughts regarding entry or exit from the structure, it was also found that he had never had any official training from the company in question. It was finally agreed that the claimant was 60% to blame for his own accident. The company, however, was also at fault for not providing essential training and was required to pay compensation.
How Nelsons Can Help
If you have experienced a similar incident, whether in the workplace or not, we can advise you on your claim. Nelsons has a strong personal injury department and are able to offer ‘no win, no fee’ agreements.
If you have any questions in relation to the topics discussed in this article, please contact our expert Personal Injury team in Derby, Leicester and Nottingham on 0800 024 1976 or via our online form.