£3250 awarded after a fall from height.

Mr Thompsett instructed Express Solicitors in February 2015 after sustaining an injury following an accident at work on 2nd September 2013. This case was handled by Simran Sathi in the Employers Liability Department.

Our client was employed as a Refueller for Thamesport (London) Limited. Our client’s main job role consisted off re-fuelling cranes and checking their oil and water levels. Mr Thompsett was based at London Thames Port. Crane

Initially Mr Thompsett would be required to refill RMG’s which were cranes that were remotely operated and moved backwards and forwards along a rail. Before filling up the RMG cranes Mr Thompsett was required to apply the e-stop button which would stop the crane from moving whilst it was being refilled. Once refilled Mr Thompsett would release the e-stop and hand the crane back to the control room.

In 2012, Mr Thompsett was instructed to refuel the new 80 tonne RTG’s cranes that are manually operated by a driver. On the day of the accident the crane driver parked the crane and applied the e-stop from within the inside of the cab. Once Mr Thompsett had used the hose to refill the crane, the same was put away before he climbed back on to the ladder and on to the crane to check the oil and water levels.

Whilst completing his checks the driver of the crane misinterpreted who had spoken over the walkie talkie and thought he heard Mr Thompsett confirm that the job was complete. Therefore the driver decided to move the crane. Subsequently Mr Thompsett fell approximately 10 feet from off the crane and on to the ground.

The Defendant’s denied liability throughout the claim and argued that Mr Thompsett should have applied the e-stop before he started filling the crane. Mr Thompsett had not been trained to fill the cranes by following this procedure and was off the opinion that if a driver was present in the cab and had applied an e-stop, then there would be no reason for the refueller to do the same and it was the driver’s fault for not waiting for confirmation from Mr Thompsett that he had completed his checks before moving off.

Mr Thompsett was examined by a specialist Orthopaedic Consultant who prepared a report based upon the injuries that were unfortunately sustained. The medical expert confirmed that Mr Thompsett had sustained a soft tissue injury to his left knee and a whiplash type injury to his neck. In the expert’s opinion he believed that Mr Thompsett’s soft tissue injury to the knee resolved within 6 weeks and the whiplash type symptoms would have settled 6 months post accident.

Proceedings were issued to progress the claim and shortly after, the Defendant had made Mr Thompsett both a liability and quantum offer. The Defendants were looking to settle the claim on the basis that Mr Thompsett was 2/3 to blame for the accident and offered him the sum of £1,324.00.

After considering the Judicial College Guidelines Mr Thompsett was advised that this offer was lower than the value of his claim and the offer was rejected. Negotiations were then underway with the Defendant’s Solicitor in an attempt to settle the claim. Following further counter offer’s the Defendants accepted Mr Thompsett’s offer in the sum of £3,250 in full and final settlement of the claim and on the basis that the Defendant was 100% responsible for the accident.

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