Schawk UK ltd, a global advertising company, and UK based Team Q
Maintenance have been found guilty of substantial failures under
Health & Safety regulations after a man was left with brain
damage sustained from a fall whilst carrying out maintenance. Both
companies were fined £20,000 each plus legal fees at the City Of
London Magistrates Court.
The Health & Safety Executive (HSE) are notified of most
serious workplace accidents but there
are relatively few successful prosecutions. In this case, Chris
Tilley an officer at the HSE was able to prove that Team Q
Maintenance and Schawk UK ltd, had failed to properly implement a
sufficient Health and Safety regime by the date of the accident.
Both the Defendants to the prosecution pleaded guilty at the
hearing.
Kantilal Mistry was an employee of Team Q Maintenance and in
July 2005 was sent to a job at Schawk UK’s premises in London. He
was required to work on an air conditioning unit which sat on a
roof platform. Access to the unit was difficult and had been
previously assessed by Team Q Maintenance as a risk. Despite the
apparent hazard which both Schawk Uk ltd and his employer were
aware of, Mr Mistry was not informed of the issue. He sought access
to the area using a ladder provided by Schawk Uk ltd and was later
found on the floor, his foot caught in the ladder. The assumption
is that he had fallen whilst descending the ladder. Materials
stored around the access point had made it difficult to access the
platform safely.
As a result of the accident Mr Mistry suffered a fractured skull
and sustained brain damage and other injuries. He has not worked
since the accident, has difficulty with basic activities and must
be attended to by carers daily. Field Fisher Waterhouse are
pursuing a civil compensation claim which is currently proceeding
through the High Court.
Mr Mistry’s wife, Damini Mistry said:
"This accident has caused a great deal of injury to my
husband followed by a great deal of trauma to us all. Kantilal
requires long term personal and medical care and our lives have
been shattered. The financial and practical effects are huge. I
have lost my husband. I have to live with this for the rest of my
life and so does he."
Jill Greenfield, Partner and Brain Injury compensation specialist at Field
Fisher Waterhouse said:
"This is a fantastic result for the HSE as it can be very
difficult to bring successful prosecutions of this kind. We now
need to ensure that Mr Mistry receives sufficient monetary
compensation from the civil claim to enable him to have his long
term care needs met."
Jill Greenfield is an expert in dealing with Brain Injury Claims
and heads the Brain Injury and Spinal Injury Unit at Field Fisher
Waterhouse.
For further information, please contact Jill Greenfield on +44 (0)20 7861 4557.