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£187,000 penalty after worker sustains spinal injuries in fall from height (6 September 2016)

Date: 06/09/2016
Duncan Lewis, Personal Injury Solicitors, £187,000 penalty after worker sustains spinal injuries in fall from height

The Health and Safety Executive (HSE) has prosecuted a construction firm, after a worker was seriously injured when he fell off a roof during demolition work.

Ioan Vancea from Romania was working as a labourer for Montway Ltd, when he fell five metres from the partly demolished roof and suffered serious injuries.

On 25 February 2013, two workers – including Mr Vancea – were working on the roof of a two-storey detached house at Basing Hill in Golders Green, northwest London. An HSE investigation found that no scaffolding had been provided and the work was not being supervised.

Mr Vancea sustained serious injuries, including a fractured spine – he was in an induced coma for two weeks and remained in hospital for three months.

The HSE investigation also found that asbestos had been removed from the house – and was found in a pile by a neighbouring property’s hedge, as well as in broken pieces mixed in with other debris.

Enforcement Notices were immediately served to ensure workers and members of the public were protected.

On 1 September at Southwark Crown Court, Montway Limited – of Batchworth House, Batchworth Place, Church Street in Rickmansworth, Hertfordshire – pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974.

The company was fined £144,000 and ordered to pay £43,606.15 in costs.

Montway Ltd originally pleaded not guilty, but changed its plea and sought a Newton Hearing to determine numerous issues it disputed.

The Newton Hearing took place before District Judge Roscoe on 23-24 May 2016.

After sentencing, HSE inspector Andrew Verrall-Withers said:

“Mr. Vancea’s injuries were life changing – and he could easily have been killed.

“This serious incident would have been avoided if scaffolding had been provided – Montway Ltd’s site documents even identified it was needed.

“Montway Ltd sought a Newton Hearing so they could dispute numerous issues in front of a District Judge.

“They were unsuccessful and the Judge’s ruling confirmed she was satisfied that their approach towards the welfare of their employees was lax and casual – and it was their overall poor management of health and safety that directly led to this incident.”

Duncan Lewis Personal Injury Solicitors – No win no fee Spinal Injury Claims

Duncan Lewis personal injury solicitors can advise those who suffer spinal injuries as a result of negligence on how to make a no win no fee claim for compensation, including claims relating to:

• Accidents at work
• Birth injuries
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• Holiday accidents
• Industrial injuries
• Medical negligence
• Military accidents
• Public liability accidents
• Road traffic accidents
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• Sports injuries.

Spinal injury claims usually have to be made within three years of injury or diagnosis of injury – children can make spinal injury claims up to the age of 21.

Duncan Lewis solicitors are also able to advise on cases involving catastrophic injury leading to paraplegia or quadriplegia, including advising on interim payments, access to welfare benefits, rehabilitation and adaptations to the home.

For expert legal advice on no win no fee Spinal Injury Claims, call Duncan Lewis personal injury solicitors on 0333 772 0409.


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