Personal Injury Solicitors

A Health and Safety Executive (HSE) prosecution has led to a suspended prison sentence for a builder, after a bricklayer was paralysed in a fall at work.

The self-employed bricklayer – 70-year-old Robert Wilkin from Lincoln – fell three metres from faulty scaffolding and broke his back in two places.

The accident happened on site at a warehouse in North Hykeham on 14 February, 2013. Mr Wilkin spent five months in hospital following his work accident – and is now paralysed from the waist down.

His house has been specially adapted to enable him to live on the ground floor and he will have to spend the rest of his life in a wheelchair.

The HSE investigation into the accident found serious safety failings in the construction of the scaffolding which had been erected by Rodney Foyster, who was not trained in the erection of scaffolding. He failed to check that it was safe to use and also failed to ensure the safety of workers using it once it was in use, HSE investigators found.

Mr Foyster had sub-contracted Mr Wilkin to carry out the bricklaying work for him on the site. The self-employed bricklayer had been hired to repair a damaged wall at the warehouse after a lorry had reversed into it. Mr Foyster had bought the scaffolding second-hand before sub-contracting the job to Mr Wilkin.

The scaffolding consisted of two towers on the interior and exterior of the warehouse, but wooden boards were removed from the interior tower and a makeshift bridge between the interior and exterior towers was made with them.

Mr Foyster’s son Damien successfully climbed to the top of an interior tower using a ladder and used the bridge to reach the exterior tower.

However, when Mr Wilkin used the same route, he fell from the makeshift bridge onto a concrete floor three metres below.

After the incident, Mr Foyster was served with a Prohibition Notice by the HSE until acceptable safety measures to the scaffolding were implemented.

On Thursday (20/02/14) at Lincoln Magistrates’ Court, Rodney Foyster, 46, of Mons Road in Lincoln pleaded guilty to breaching Section 4(1)(c) of the Work at Height Regulations 2005.

He was given a four-month prison sentence suspended for 18 months and was ordered to carry out 200 hours of unpaid community work.

Mr Foyster was also ordered to pay £2,941 in costs.

After the hearing, HSE Inspector Martin Waring said that the HSE investigation had revealed “a catalogue of errors” in the assembly of the scaffolding by Mr Foyster:

“There were numerous defects such as no edge protection, poor ladder safety and insufficient access onto the scaffolds.

“Mr Wilkin has unfortunately paid for this lack of care with his health, having been left paralysed for the rest of his life.”

Duncan Lewis Personal Injury Solicitors

Duncan Lewis is a leading firm of personal injury solicitors and can advise on making a no win no fee Work Accident and Injury claim if the injury resulted from the negligence of another party, such as an employer or contractor.

For expert legal advice on claiming for accidents and injury at work, contact Duncan Lewis personal injury solicitors on 020 7923 4020.