Workman compensated following fall through unsafe roof
Mr C was a self employed labourer who fell through an unsafe flat roof whilst working for a developer on the site of a building development.
As a result of the fall Mr C suffered fractured ribs and a fractured shoulder blade, causing a great deal of pain and he needed nursing by a family member after his discharge from hospital.
When Mr C consulted Irvings we advised him to pursue a claim.
The developer completely denied liability and even denied contracting work to Mr C, alleging that he was not a lawful visitor and that he had gone onto the roof to steal lead.
Irvings issued proceedings.
The developer continued to deny that our client was a lawful visitor, or that he owed any obligation to him as he was not an employee. We argued that although contracted on a self employed basis (as is common in the construction industry), he was still a worker or employee for the purpose of Health and Safety regulations.
At the time of the accident Mr C was working away from home and staying in lodgings paid for by the developer. In order to prove that Mr C was contracted to work for the defendant , we obtained evidence from the landlady of the lodgings that defendant paid his rent for the period around the time the accident occurred, and also obtained other evidence which confirmed that he was indeed working on the site.
Irvings maintained that as Mr C was a labourer and not a roofing specialist he should not have been required to go onto the flat roof unless the defendant had had its condition assessed and had ascertained that it was safe to walk on.
Because Mr C was coming up for retirement there was only a small claim for loss of earnings. However he had endured pain and suffering and we claimed compensation for this, together with medical expenses.
The matter continued until the defendant offered to settle a few days before trial was due to take place, and paid Mr C the sum of £22,000.
