William was a self-employed general labourer working for a sub-contractor on a Carrickfergus building site. A week or so after starting on the site some dumper trucks were delivered. The foreman, who William only met briefly on his first day, told him that the main contractor said he was required to drive one of the new trucks. William indicated that he would not drive a truck of that nature because he wasn’t licenced to do so. He was asked if he has experience with dumper trucks to which he replied, yes, once many years ago. Unfortunately he was told he had no other option but to drive one of the trucks.
William reluctantly agreed
A short time later William was driving up a mound of earth in the dumper truck. It wasn’t sloped off properly and there was no markers indicating the end of the mound. As William moved forward he could feel the dumper truck slipping and the earth beneath it giving way. Before it could topple to one side, William leapt off the truck in a panic. Unfortunately, the extremely heavy vehicle toppled in the same direction he jumped in and his foot became trapped under part of it.
William was taken to hospital
As a result of the accident, William suffered a severe injury to his foot which resulted in the amputation of some toes. He spent 13 days in hospital and was left with extensive scarring. A friend and colleague of William recommended that he contact us to pursue a work injury claim.
Paschal O’Hare Solicitors takes on the case
We initiated a claim against the main contractor of the building site. Liability was accepted but they alleged contributory negligence on the basis that William was not wearing a seat belt in the dumper truck. Contributory negligence is when the injured person is part to blame for their own accident and in this instance the contractor claimed William was 50% to blame. We issued High Court proceedings against the contractor and sub-contractor who brought William in on the job. We also had our new client examined by a consultant surgeon who provided us with medical evidence in the form of a report. The medical report indicated that William would be able to do some form of work but he would find it difficult to walk on rough ground, like you would find in a building site.
The case was listed for hearing but before the court date arrived we entered negotiations with the contractors. After a short period of talks we settled the case in the sum of £75,000.
If you had an accident at work we might be able to help you like we helped William. Learn more about our services or contact us for a free no obligation discussion.
