Construction site accident involving a telescopic handling machine

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Construction accidents, youclaim.co.uk

Negligence and manslaughter in a construction site accident

When a serious construction site accident occurs the Health and Safety Executive will launch an investigation into the surrounding circumstances and if a worker is found to have been guilty of negligence which caused the accident then they can be prosecuted.

In December 2009, a heavy-plant operator was found guilty of manslaughter as a result of gross negligence after a construction site accident involving a telescopic handling machine caused the death of a 20-year-old co-worker.

Both workers had been working for a single contractor in Plymouth. The driver of the telescopic handling machine, a large vehicle similar to a forklift truck but with an extending boom that acts like a mobile crane, had been lifting a skip. However, the skip fell from the end of the boom and hit the young brick layer on the head.

The court heard from witnesses how the driver had earlier in the week had a near-miss accident which had been reported to the site foreman and that at the time of the accident he had been attempting a dangerous practice called 'flipping', whereby he tried to flip the skip off the boom's forks onto a pile of sand located close to cement mixers.

A prosecutor claimed that the driver had broken five "golden rules" which ultimately led to the accident. They were:

  • Failure to use the stabilising feet on the telescopic handling machine;

  • Knowingly working with an elevated load above two fellow workers;

  • Moving the telescopic handling machine with the boom extended;

  • Failure to adjust the forks on the end of the boom so that they fitted securely into the sleeves on the skip, and;

  • Ignoring both audio and visual alarms that sounded in his cab.

The prosecutor confirmed that the driver had attended a 60-hour safety course and as such should have known that the machine needed to be out of gear and secured with the handbrake before extending the boom. Experts also confirmed that the telescopic handling machine had not been faulty in any way.

The driver denied manslaughter, but the jury unanimously found him guilty. The judge warned him that he could face a custodial term.

Claiming compensation after a construction site injury
If you or a family member has been injured in a construction site accident you may be eligible to make a claim for 100% compensation with the personal injury experts at YouClaim.

All our Solicitors Regulation Authority registered personal injury solicitors work on a no-win, no-fee basis which means that whatever the outcome of your claim, you will have been protected from all legal fees and costs.

Further, YouClaim claimants are guaranteed to receive 100% of any compensation awarded; we will never take a penny once a sum has been agreed.

Contact us today
You can speak to one of our friendly yet knowledgeable advisors by calling our free and confidential helpline on 0800 10 757 95 or we can always call you back at a time to suit you.

Alternatively, you may wish to fill in our online claim form giving us brief details of the construction site accident and then one of our personal injury solicitors will look into the details of the before we discuss going ahead with the claim.

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