£110,000 secured for building site employee injured on icy road
How to claim for an accident at work
Want to know more about claiming for an accident at work. Jargon free, we’ll explain your legal rights, letting you know everything you need to know about claiming.
How much compensation can I claim for an accident at work?
Read our accident at work legal guides to understand your legal rights and how much compensation you may be able to claim.
On arriving at work, it was immediately apparent that the roads and paths weren’t safe and needed clearing. Mr Lowe outlines some of the first instances of mismanagement from his employer that led to his accident, “The foreman told us that half of the workers were to clear the site, around the cabins, and the other half were to clear the lane. He did not split us into groups so we just divided ourselves between the two.
“He did not give the standard health and safety talk or risk assessment instruction that we normally had every day.”
Mr Lowe agreed to act as a banks man for a JCB, meaning he walked in front of the vehicle to help it navigate while it was clearing the lane. However, it soon became apparent to the team that the situation wasn’t improving, “A few of us began to realise the JCB was actually making the situation worse, as the lane was far more slippery and hazardous now that the underlying ice was exposed. The ice was so thick that neither the JCB nor the workers behind it could remove it.
“After about 1.5 hours I told the rest of the group that I thought we were just making the situation worse, but most of us had realised this before that time, but carried on because the foreman had told us to clear the lane.”
Finally, the foreman agreed to stop the operation and return to the office. Mr Lowe barely made it a couple of steps before slipping on the exposed ice and landing on his shoulder. He was assisted back to the office by colleagues, where the incident was reported to the health and safety officer.
Mr Lowe was eventually taken to the hospital by his wife where he was X-rayed and sent to a fracture clinic. While he did return a month later for physiotherapy, the specialist consultant had a waiting list of three months. Because of the enduring extreme pain, Mr Lowe paid to see a consultant privately where he was told that he would need surgery on his shoulder.
Prior to the surgery, despite being in constant pain, Mr Lowe felt pressured to return to work for lighter work in order to maintain a good public image for his company.
Fighting for a secure future following the accident
While Mr Lowe did eventually get his surgery, the severity of the incident and his injuries have left him unable to return to work. While the operation did slightly improve the pain in his shoulder, he was told it will never go back to the way it was.
He was also left unable to drive, relying on his wife to take him everywhere.
Because of the mismanagement from his company that led to the accident in the first place, as well as the conditions that meant he felt pressured to return to work prematurely, Express Solicitors’ Robert Weeden fought Mr Lowe’s case with the aim of receiving compensation for his pain and loss of future earnings.
Victory for Mr Lowe
Due to the seriousness of the accident, the mismanagement of Mr Lowe’s situation from his employee and the commitment to the case from Robert Weeden, Mr Lowe claimed a large compensation award of £110,000.
Robert was delighted to have helped Mr Lowe secure the money he’d need to move on with his life, “After everything that Peter has been through following his accident, it feels like a real victory to see him win such a substantial amount.”