Injury lawyer describes accident scene
The
injury lawyer representing a women whose husband was killed in a tragic accident at work five years ago has described the terrible scenes that transpired on that day.
Barrister Nicolas Hillier was speaking at the hearing that will decide the amount of compensation that will be awarded for the death of Dean Thomas at his place of work. He described Thomas' injuries as “traumatic asphyxiation” and that despite his pain being “mercifully short” he would have experienced extreme pain.
On May 3 2003, Thomas was resetting a machine which rolls paper at the mill owned by R J Crompton in Lydney Gloucestershire when one of his co-workers pushed a button which activated the machine . This error led the machine's hydraulic table to close on him.
During an inspection of the machine, the Health and Safety Executive (HSE) found what they described as “crucial failings” with the companies risk assessment and levels of staff training. Inspectors discovered homemade tools, which workers had been using to fix the machine from within, which as shown by the incident was an incredibly dangerous thing to attempt.
"Given the frequency of access, the company should have realised that they were putting their staff in danger and altered the machine to prevent it working if anyone remained inside the enclosure," Said a spokesman for the HSE at the time of the inquest.
At the previous criminal hearing the judge fined the company only £200 because of financial problems which led to a takeover in 2006. Mr Thomas' widow is now seeking £500,000 in damages from the company in a compensation claim.
Barristers representing the company though are looking to get the proposed damages down by at least half, citing what they describe as Thomas ignoring “obvious danger” in attempting to fix the machine manually.
Bruce Silvester a barrister for Crompton claimed that Thomas' actions amounted to “contributory negligence” and that he was partially responsible. Operating the machine with the safety gate open was a major factor in the incident he claimed
"This is not only a dangerous thing to do, but it is forbidden in page after page of the operator's manual,"
Tony Burke, Amicus’ Assistant General Secretary, said the case should be used as an example to other bosses whose workers die in the workplace:
"This case demonstrates the inadequacy of the law. A £200 fine for the loss of a life is an insult to Mr Thomas’ family and an encouragement to other negligent employers who cut corners on health and safety. We want to see individual directors held personally liable through prison sentences for failures that result in the death or maiming of their workers.”
Updated on 9/25/2008