Tradesman Awarded Significant Compensation After Witnessing Friend’s Near Fatal Accident

The accident

Jack was a self-employed cable jointer who, before the accident, had been contracted to the same firm for the past three years. He was working on a job alongside his friend, Nick, who he was training. They were taking over from a previous contractor and found several panels of electricity cables unmarked. Despite raising their concerns with the site supervisor, they were instructed that it was safe to proceed.

They were under the impression there was no electricity within the panel they were working on but Nick was suddenly struck by high voltage electricity and thrown from his ladder.

Jack, in shock at what had just unfolded, bravely helped Nick who was screaming in pain. Jack remained with him to offer comfort as the emergency services arrived.

The aftermath

In the immediate aftermath, the site supervisor inspected the panel and claimed that a plate had been removed, suggesting Jack was at fault. He was later summoned to a meeting with the company boss and the owner of the building to discuss the accident and what had transpired. Jack said he had been informed it was safe to work and believed that Nick might have accidentally touched the live panel with a tool. Ultimately, he alleged that the supervisor in charge had failed to follow the correct safety procedures, which included switching off the panels and presenting a permit to work.

The impact of the accident

Witnessing the accident had a profound psychological impact on Jack, leading to a deterioration in his mental health. He was diagnosed with post-traumatic stress, struggled with flashbacks and had difficulty sleeping.

Jack took three months off work but, as a self-employed contractor, this meant he didn’t get paid during that time, which caused a strain on his finances. Although he briefly returned to his old job after therapy, he found it too triggering. He has since secured full-time employment in a different profession.

Building a case

Once the three defendants, the company in charge of the building works and the contractor and the subcontractor had been identified, the claim was lodged. The process was complicated by the need to co-ordinate with various people and organisations including a company administrator, the Health & Safety Executive and business insurers.

Medical experts including psychiatrists examined Jack and provided supporting evidence to establish both the immediate and long-term psychological impact that witnessing the accident has had and will continue to have on him.

Witness statements were taken to demonstrate not only Jack’s close relationship with Nick but also how closely they were working on the day of the accident.

Payslips, bank statements and contracts were reviewed to establish the loss of earnings and Jack’s relationship with the contractors.

Defence

The defendants did argue against the claim, suggesting that Jack was negligent when inspecting the site. They believed he should have identified that the panel was live before letting Nick work on it and he failed to take responsible care of Nick. However, the contractor accepted partial liability and admitted the accident was partly due to negligence on their end. This was enough for us to obtain a favourable result for Jack.

Result

In the end the contractor who hired Jack compromised and made an offer of £45,000. This was accepted by our client, with the fees covering any future treatment Jack requires, along with the financial losses he endured.

Richard Lowery said: “We knew from the outset that this case would be challenging, but through the hard work of my team we achieved a really pleasing outcome. Secondary injuries can be extremely serious and have a profound impact. Jack’s case is a prime example of this, highlighting an area of personal injury law that is often overlooked by claimants and considered too difficult by many solicitors. I hope Jack and his family can now move on from the accident, supported by the compensation he has received.”

Jack added: “I just want to take this opportunity to thank you and your team for everything you have done for me. I am forever grateful and once again thank you for your amazing service. Now I can put an end to this and move on with my life.”