Our client was employed as a Fitter and was working onsite in Newark when he was asked to repair a grout pan. To undertake the repairs, our client had to lie on his left side on the ground to remove the pump. Unknown to our client, there was grout contamination on the ground where he was lying. Our client was working on the grout pan for much longer than he anticipated and after about 6 hours he noticed that his thigh and upper leg had started to tingle and itch. This then developed into a burning sensation. When our client removed his clothes he saw that his left leg and upper thigh was very sore and looked burned.
A claim for compensation was brought against our client’s employers on the basis they had failed to carry out any, or any suitable or sufficient assessment of the risks presented to our client during the course of his employment. A risk assessment should have identified the risk of our client sustaining grout burns whilst repairing the grout pan. Further, having identified the risk, the employer should have taken steps to remove the risk or if that was not reasonably practicable, to reduce the risk. In addition, the employer failed to provide any warnings or any suitable protective equipment. As such, the employer was in breach of their common law and regulatory duties to take reasonable care for the safety of our client as their employee.
Liability was initially denied by the employer’s insurers and Court proceedings were issued. Eventually our experienced work accident team were able to persuade the insurers to accept liability a settlement of £10,000 was agreed before the matter went to a Court Hearing.
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