The client was a supervisor working on a railway line and was involved in an accident at work. Throughout the course of his shift the client was required to lift a set of two cylinders and a trolley by hand from track level to the platform.
When doing this the client strained his back as the equipment that he was lifting weighed approximately 150 kilograms.
Lack of Training
The client's employers stated that due to the claimant being a supervisor it was his responsibility to undertake a risk assessment and carry out the job in the safest possible way.
It was the claimant's belief that there would be no need to lift the equipment manually at all if he could have employed the use of a road / rail when carrying out the job.
The judge ruled that if there were safer ways of completing the tasks then it was down to the claimant's employer to provide training in these methods.
The judge ruled in favour of the claimant however this was with fifteen per cent contributory negligence as the client was a supervisor in his place of work and should have realised that he was doing something that was dangerous.
Compensation Claim
Have you or a member of your family been involved in an accident at work through no fault of your own. If so contact Clear Answers expert accident at work solicitors on 0800 783 9019 or fill out an online compensation claim form.
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