£90,000 payout for ladder fall injury

Prosecutions and Claims |
01.01.2007

A worker who severely injured his arm and wrist when he fell from a ladder, and whose job prospects are described as "bleak", has secured £90,000 in compensation in an out-of-court settlement.

Ian Mitchell was working as a fibreglass laminator at Condor Environmental in Peterlee, County Durham, when the accident happened in May 2002. The ladder he was using fell from underneath him because pieces of hardened fibreglass on the floor left the surface dangerously uneven.

Mitchell fractured his wrist and ulna. He had several operations to try to repair the damage and is still receiving medical treatment. Doctors can set the wrist permanently to ease his pain but the operation will result in complete loss of movement at the joint. He has been unable to return to his job at Condor and can work for only two hours a day as a courier.

David Mole of Thomsons Solicitors, who represented Mitchell, explained that under Regulation 12(1) of the Workplace (Health, Safety and Welfare) Regulations, workplace flooring must be suitable for its purpose and not uneven. "Big globules of this fibreglass accumulated on the floor," explained Mole, "which meant it was uneven and unsafe, in breach of Regulation 12."

Condor admitted that the flooring was unsuitable but argued 10% contributory negligence on the basis that Mitchell could have done more to avoid the fall. The case was settled before it came to trial.

"The compensation is mainly made up of future loss of earnings and potential vulnerability in the labour market," said Mole, "because [Mitchell] can't do what he used to do, given his injuries, and his choice of job will be limited."