ACCIDENTS THAT HAPPEN WHEN WORKING AT A HEIGHT

Published in Truckstop News - May 2008.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury firm Hinchliffes Solicitors considers the measures in place to prevent “ACCIDENTS THAT HAPPEN WHEN WORKING AT A HEIGHT”.

Falls from a height account for the majority of workplace accidents resulting in fatality or serious injury.  To combat this the Work at Height Regulations 2005 (amended 2007) were brought into force, placing more detailed and stringent requirements on employers and others who control work that is undertaken at a height.

The Regulations apply to all work at height where there is a risk of injury from falling, and also cover instances where an injury is caused by falling objects.  No minimum height is set; there simply has to be a risk of injury from falling.  Therefore the Regulations apply at ground level or even underground, if the accident was as a result of falling a distance likely to cause injury.

Such a fall could occur when moving around the workplace, or when gaining access to or leaving a workplace at height.  However, the Regulations would not apply if the fall was down a flight of permanent stairs, nor when travelling to or from work.

The site of the accident does not need to be the injured person’s normal place of work, so long as they are there for legitimate purposes.  Generally all workplaces come within the scope of the Regulations, including building sites, warehouses, offices, shops and pubs, however most shipping or dockside activities are excluded.

Certain requirements are imposed on employers and others in a position of responsibility, including:-

• - to avoid work at height wherever possible;

• - if unavoidable, to use work equipment or other measures to prevent falls;

• - where the risk of a fall cannot be eliminated, to use work equipment or other measures to minimise the distance and consequences of a fall.

Work must be properly planned and organised, and employers must take account of the risk assessment required under the Management of Health & Safety at Work Regulations 1999.  Employers must also ensure that those involved in the task are trained and competent, and any equipment used is inspected and records kept.

Another factor to be considered is the weather, and if adverse conditions might endanger those at height the job must be postponed.  This would apply as much to truckers who are required to work on the back of a trailer in a high wind or where the trailer has become wet or icy and which could lead to a fall, as it would to workers on scaffolding or a bridge.

The duty of care imposed by the Regulations between parties include:-

• - Owed by an employer to an employee

• - Owed by an employer to a person under his/her control

• - Owed by a self-employed worker to others on site

• - Owed by main contractors to site contractors

• - Owed by building occupiers to those working at height

The Regulations set out specific requirements for many aspects involved in the work to be undertaken at height, including the means of access to the workplace, scaffolding, ladders and stepladders, working platforms, work equipment, personal safety equipment, inspections and inspection reports.

Current statistics show that around 45 people are killed each year in this type of workplace accident, and it is hoped that the measures brought in will have some effect in reducing the number and severity of injuries caused.  However, breach of the Regulations that do result in an injury could give rise to a successful claim for compensation for both the injury and any consequent financial losses (eg lost income).

QUESTIONS & ANSWERS

I drive a flat bed lorry and have to load it with building materials in all weathers.  In the winter the flat bed is often wet or icy, and I have to help in manually unloading some of the materials that I deliver.  If I were to slip and fall off the flat bed would I be protected?

If you were required to be on the flat bed and you slipped and fell, your fall would certainly be from a height, and if the cause of the fall was the slippery condition of the flat bed you may well be able to successfully claim compensation against your employer for your injuries, together with any financial losses suffered because of the accident, such as lost wages while you could not work.

I work in an old factory as a general maintenance engineer.  Every day there are problems with wiring or old pipe work that I have to deal with.  Sometimes I am up a ladder and other times down in cellars sorting things out.  I only have an old set of wooden ladders and sometimes I have to reach out to get to the problem.  I have come off the ladders a couple of times and so far have not really hurt myself, but if I were to be hurt would I have a claim?

If you were to injure yourself you would likely have grounds for making a claim against your employer.  There are additional Regulations that deal with ladders, but it appears that you are not being supplied with adequate equipment to enable you to carry out your job.  A mobile tower or scaffold would seem to be more appropriate than a ladder for the work you have to do, as it would provide a safer platform to work from.  It seems that your employer urgently needs to carry out a risk assessment of the tasks you are asked to deal with.

My boss is very keen on safety issues, but this just holds me up.  The more work I get through, the more I get paid so I often ignore what I am told to do and just get on with the job.  My supervisor knows this is what I do, but lets me carry on.  What would happen if I was injured in an accident?

As your supervisor is aware of what you are doing and lets you get away with not following safety instructions, you would probably still be able to succeed in a claim for personal injury compensation against your employer.  However, if you were awarded compensation it is very likely that this would be substantially reduced to reflect your own negligence in not following the rules.  A question you need to ask yourself is whether you can afford to take the risk of potentially suffering a severe injury by taking these short cuts.

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered any form of accident contact personal injury specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make claims for injury compensation.  All cases are conducted on a No Win - No Fee basis, where the Client keeps 100% of the compensation recovered.

Call now on 0800 138 1348 to speak direct to a personal injury lawyer or go to our Start Your Claim Now  page to submit details of your personal injury claim online.

Tags: accident, accidents, claim, compensation, personal injury, working height, workplace accidents

This entry was posted on Wednesday, May 28th, 2008 at 9:50 am and is filed under ALL NEWS ITEMS, ALL PUBLISHED ARTICLES, Work accidents, Working at heights.