Case study: £31,000 for scaffolder electrocuted by overhead power cable
Our workplace injury solicitors helped a scaffolding apprentice to claim compensation after he was electrocuted and suffered a seizure whilst erecting scaffolding.
Accident circumstances and injuries
Our client, Mr B, was a scaffolding apprentice. He was instructed to erect scaffolding on a site which he had not worked at before and where no site induction was given.
Mr B and his colleagues were erecting the scaffolding when a pole that he was moving touched an overhead power cable. Unbeknownst to him, the power to the overhead cable had not been turned off and the cable was ‘live’. Mr B suffered a significant electric shock as a result.
As a result of the shock, Mr B had a provoked seizure. He also sustained the following injuries:
- Blistering to his hands
- Burns on his toes, resulting in an infection which required surgery,
- Ongoing loss of sensation and deformity in his big toe
Due to the seizure, Mr B had to surrender his driving licence to the DVLA.
Claiming compensation for personal injury
Mr B instructed our team of specialist workplace injury solicitors to claim compensation for the injuries he sustained as a result of the accident.
We notified the site manager (the Defendant) of the claim, outlining that Mr B received no induction on arrival at the site, and they failed to notify the power company regarding the work being undertaken to arrange for the cables to be shielded and/or the power to be switched off.
The Defendant initially denied liability and alleged that Mr B was erecting scaffolding in an unauthorised area close to where the pylons were positioned and that he was not instructed to do this. This was disputed as, due to Mr B being an apprentice, he was not allowed to erect scaffolding on his own. There were also discrepancies and contradictions in the Defendant’s denial and the documents provided.
Our lawyers challenged the denial of liability and issued formal Court proceedings, following which the Defendant conceded some points and primary liability was admitted. The Defendant did however maintain that Mr B was partially to blame for his injuries.
Medical evidence obtained
Whilst we were waiting for the Defendant’s liability response, our Personal Injury team obtained Mr B’s medical records and sent them to specialists to determine the full extent of Mr B’s injuries following the accident.
The medical reports showed that although the ongoing symptoms of Mr B’s toe were likely to resolve within the next couple of years, his psychological symptoms were ongoing.
Claim for financial losses
Our solicitors started to collate details of Mr B’s financial losses that he incurred as a result of the workplace accident and injuries sustained. This included a significant claim for loss of earnings as he required seven months off work which delayed his qualifying from his apprenticeship.
The Defendant instructed solicitors to deal with the court proceedings who served their defence. As above, the Defendant accepted some points of the claim but still alleged that Mr B’s actions contributed to the accident.
Whilst waiting for the court to order directions for the next steps of the claim, the Defendant’s solicitor made an offer of settlement for £28,900.
We met with Mr B to discuss this in further detail. During this meeting, Mr B advised us that he had not received his driving licence back from the DVLA.
We advised Mr B to wait until he had his driving licence returned considering settlement offers, as if this was not returned by the DVLA, it could have impacted his work significantly and caused him further financial losses. We assisted Mr B in contacting the DVLA and getting his licence returned to him.
Once Mr B’s licence was returned, we settled negotiations and the claim settled for £31,000.
Contact our workplace accident solicitors
If you’ve been involved in an accident at work that wasn’t your fault, our specialist personal injury lawyers might be able to help you.