Fatal accident leads to compensation claim
The family of a driver who fatally slipped and fell from the top of a tanker lorry has received a significant sum in compensation.
The man, who was aged 64, and from Alston in Cumbria, died as a result of his personal injuries, a few months after suffering severe brain damage in the fall at his workplace.
On the day of the accident he was cleaning the top of the tanker at the distribution firm in Weardale. It was normal practice for drivers to climb on top of their vehicles to clean them, however there was no gantry provided to support the man's work.
Although no-one was present at the time of the accident, a coroner ruled that his injuries suggested he had fallen from the top of the lorry.
He suffered a severe brain injury which left him with little speech and movement. The man needed 24-hour care but sadly died two months later because of the injuries sustained in the accident.
The man had worked as an HGV driver for more than 40 years and transported cement and liquids from Scotland to London.
Bought his own safety boots
His wife, who is 66, said he was passionate about his job and extremely conscious about safety to the point that he bought his own safety boots, as he believed the ones provided by his employers were not good enough.
The couple were the main carers for their grandson and the man had hoped to work until he was 70 so he could continue providing for the family. He had just passed a medical test a few weeks before the accident which gave him a clean bill of health.
Following his death, the wife contacted her husband’s union, the GMB, which instructed its personal injury lawyers to seek for an accident claim, to compensate the woman and the family for their loss.
The legal firm secured a court judgment which found the firm was liable for the man's death. A substantial sum of damages was settled out of court.
The wife said: "My husband loved his work and had washed down his tanker a thousand times before. It was essential to wash off the cement otherwise it would damage the tanker.
"I don't understand why Turners did not put in a gantry to make it easier for drivers to clean their vehicles."
Too little too late
"I understand [the company] have now installed the equipment but it is far too late for my husband. Had he been alive today he would continue to work and we'd be making plans for our retirement together.
"We have been through hell during the last 12 months and I would never want another family to endure what we have."
Ged Caig from the GMB union, said: "Our condolences go to this man's wife and her family for this terrible accident. We now call for all HGV depots to install gantries so workers are not forced into the same dangerous situation as the man.
"His death was needless and highlights the need for employers to take all necessary steps possible to safeguard their workers."
Andrew McDonald from the legal firm, added: "This is a tragic case where the simple investment by Turners (Soham) Ltd in a gantry would have avoided his death.
"He has left behind a loving wife and grandson who must now come terms with his loss. We are only too happy to have assisted them in their claim for compensation to help them cope financially."
Updated on 06/01/2010