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Following the death of two workers in a construction site accident that also caused another to suffer serious work injury, a prosecution was carried out at Chichester County Court in July 2009 which saw the company responsible for the crane accident plead guilty to breaching health and safety regulations.
The two men who died had been working on the jib of a crane at a site in Worthing, West Sussex in 2005. The third man had been working on the crane's mast. He had been told to de-torque the crane's mast bolts which he should have done one-by-one - however, as he had not been trained in this procedure he failed to re-tighten the bolts and left them partly undone. When the crane was later turned, it collapsed causing the catastrophic work injuries.
Two companies were fined for their part in the fatal work accident after admitting breaches to sections 2 and 3 of the Health and Safety at Work Act 1974 (HSWA) and regulation 4 of the Construction (Health, Safety and Welfare) Regulations1996 (CHSWR).
Section 2(1) of the HSWA states: It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.
Section 3(1) of the HSWA states: It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety.
Regulation 4(1) of the CHSWR states: Subject to paragraph (5), it shall be the duty of every employer whose employees are carrying out construction work and every self-employed person carrying out construction work to comply with the provisions of these Regulations insofar as they affect him or any person at work under his control or relate to matters which are within his control.
Higher Courts can award unlimited fines for each offence in respect of breaches of S2(1) and S3(1) of the HSWA. The Crown Court can hand down unlimited fines to employers for breaches of the CHSWR.
Following the hearing, the work injury victim and families of the deceased workers would be fully justified in proceeding with a compensation claim against the employers who have been found culpable in the events that led up to the terrible work accident.
Compensation for work injury with the experts at YouClaim
If you or a family member has had a workplace accident, our UK no win, no fee solicitors could help you to get compensation.
All personal injury solicitors on our panel are experts in their fields and are proudly governed by the standards laid down by the Solicitors Regulation Authority. We guarantee that our services are totally cost free and that you will be protected from all costs and fees. Further, in a won case you will receive 100 per cent compensation and if your claim is unsuccessful, you will not be charged.
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