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Ted was employed by
company G as a welding manager. Company G provided welding services
to company B in relation to maintenance of railway track in London
and the South. Company B complained to company G about the
quality of welds that had been provided so Ted, with
representatives from B and G, attended to inspect the welds.
He walked from Herne Hill
Station to the site of one of the defective welds with a
representative from company B, Christopher. Christopher
took with him an unsheathed metal straight edge to check the
weld. Ted knelt down in the track to inspect the weld and
Christopher passed him the metal straight edge. The “straight
edge” touched the live third rail and Ted was electrocuted,
suffering severe burns to his right hand and fingers.
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After the accident, Christopher and others from company B and
company G made arrangements to drive Ted to a hospital near his
home in Essex so that it was nearly 9 hours before he received
proper attention to his burn injury. Ted subsequently
underwent amputation of the end of his right little finger and
suffered psychiatric injuries including post traumatic stress
disorder (PTSD) and electricity phobia. He was not able to
return to work.
Company G and B denied
liability. Christopher said that the Claimant’s version of
events was wrong and that he was injured whilst walking towards the
site of the defective weld, when he slipped and fell. In
short, it was the Claimant’s word against the word of
Christopher.
None of the other persons
present had witnessed the accident itself. In addition, both
companies blamed each other for a failure to provide a safe system
of work in accordance with the railway procedures.
Andrew Morgan was instructed by Ted and was able
to settle the case for £112,500 less than 3 weeks before
trial. This was equivalent to the full liability value less
25% for contributory negligence.
The case was funded by
Ted’s “before the event” (BTE) Legal Expenses insurance policy.
For further information or if you have a work accident claim please call
Andrew Morgan on 020 7861
4036 or email andrew.morgan@ffw.com.
You can discuss your work accident claim with any member of
our personal injury team
on
freephone 0800 358 3848, email personalinjury@ffw.com or
complete our short enquiry form.