A trainee apprentice has been awarded damages after breaking his ankle while working on a construction site.
The boy, who was 17 at the time of the workplace injury, had only been with the firm for three months when he was left with another 17-year-old to complete “work they should not have been doing” without supervision.
During the six weeks he spent recovering he did not receive sick pay from the firm and was unable to complete his college studies in the school year.
The trainee apprentice joiner was injured when asked to lift and pass wooden joists up scaffolding to his fellow worker when he caught his footing, slipped and fell. The pain of the broken ankle caused him to lose consciousness.
‘They were just left on their own’
The boy’s mother said his workmate didn’t know what to do following the accident and called their employer who arrived 20 minutes later. He drove her son back to the family home, she said, and then left him on the driveway.
“These lads were doing jobs they shouldn’t have been doing at this stage and they were just left on their own with no supervision,” his mother recalled.
When my son fainted the other lad had no idea what to do, eventually the boss came and just dropped my son off at home, no one was in, he didn’t call us to tell us our son was injured, and then drove off.
After that, he never asked how our son was, there was no sick pay – he ignored us and just washed his hands of it. That’s when we decided to get legal advice and Hudgell’s were recommended to us.”
The teenager, who was represented by senior litigation executive Samantha Thompson – a specialist in accident at work cases – was eventually awarded almost £10,000 in compensation after his employer admitted liability in an out-of-court settlement.
“I am pleased for my client that this case has now settled, and his employer admitted liability at the earliest opportunity,” said Ms Thompson.
The case highlights that when you employ young people under the age of 18, you have the same responsibilities for their health, safety and welfare as you do for other workers, whether they are on work experience or an apprentice.
Young people who are new to the workplace will often be vulnerable and more at risk of injury in the first six months as they may be less aware of risks.
They need clear and sufficient instruction, training and supervision so they understand the importance of health and safety and can work without putting themselves and other people at risk.
They may need more supervision than adults doing the same job – and in this case there was no supervision.
Young people at higher risk of accidents at work
The Health Safety Executive (HSE), a public body with responsibility for the regulation and enforcement of workplace health, safety and welfare says young people and apprentices are at a higher risk of injury in the workplace due to a number of factors, such as:
- unaware of how to raise concerns
- lack of experience
- lack strength
- be eager to impress or please people they work with and for
Employers however have the same legal responsibilities to ensure young workers are protected from any risks that are associated with their roles and the environment they work in.
“Part of this responsibility is to ensure that you receive the full and correct training in order to prevent avoidable injuries at work,” says the HSE.
The injured teenager was taken to his local Accident & Emergency Department by his parents and left wearing a protective boot and using crutches. He was left in “severe discomfort” and his injuries impacted his college work and employment.
He didn’t attend college for six weeks as he was unable to wear protective footwear required to enter the workshop. He did eventually complete his joinery course, but did not return to his employer.
Ms Thomson said the compensation claim succeeded because the employer had a duty of care to ensure the apprentice was provided with a safe system and place of work and on this occasion had breached their duties under the Management of Health and Safety at Work Regulations.
The defendant failed to make a suitable and sufficient assessment of the risks to the health and safety of his employee posed by the lifting of floor joists.
He also failed to train or instruct my client as to how to safely undertake his work or otherwise supervise him, particularly on the basis that he was an apprentice.
There were also failures to ensure the joists were left in a safe manner to allow my client to complete the task set, and to take appropriate steps to reduce the risk of injury, leaving him exposed to a foreseeable and unnecessary risk of injury.
NHS also compensated
As well as paying the teenager compensation through the company’s Employers’ Liability Insurance, the insurer was also obliged to pay the NHS’s costs of treating the apprentice’s injuries.
The UK government’s Compensation Recovery Unit (CRU) recovers NHS costs and social security benefits in certain compensation cases for treatment from injuries caused by road traffic accidents and personal injury claims due to negligence, the tariffs are set at:
- Outpatient treatment charges £848 per visit
- In-patient treatment charges £1,042 per visit
- Ambulance charges £256 per person, per journey
- Maximum charge capped at £62,272
What is an accident at work?
An accident or injury in the workplace could be anything where you’ve suffered physically.
You may have fallen or slipped, suffered an injury from falling debris on a work site, or sustained a back injury that could have been avoided.
Common claim types are:
- Falls and slips at work.
- Manual handling claims.
- Inadequate training.
- Protective equipment claims.
- Burns.
- Building & construction accidents.
- Farming accidents.
- Asbestos & mesothelioma compensation claims.
Claiming compensation for a work-related injury can help you get your life back on track by reimbursing you for lost earnings and expenses due to your injury as well as compensating you for your pain and suffering.
Learn more: Experts in Accident & Injury at Work Compensation Claims
