Company fined £200k after electrical explosion left worker with serious burns

14:21, 15/5/2024

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A company has been fined more than £200,000 after an electrical explosion caused a worker to suffer serious burns, a broken arm and fractured ribs.

The incident occurred at Copper Hill industrial estate in Lincolnshire in July 2021 when a worker was tasked with moving heavy-duty electrical wires, with a metal crowbar on an elevating platform – despite not being sufficiently trained for this type of work.

Worker with serious burns

The accident happened in July 2021 when the metal bar came into contact with the live conductor, causing an electrical explosion.

As well as suffering serious burns, the explosion caused the man to fall from the platform and sustain a broken left arm, fractured ribs and dislocated kneecap.

The worker had been contracted by New Earth Solutions (West) Limited, trading as Mid UK Recycling, to work at the firm’s recycling plant at Copper Hill industrial estate.

An investigation by HSE into the incident found this task was not part of the normal workload for the injured worker and that he had not received any training with regard to undertaking electrical work.

The task had not been properly planned nor risk assessed and the electrical cables were not isolated before work began.

In addition, the level of supervision provided was inadequate and safety devices on the electrical supply had been set inappropriately, prioritising the continuity of supply over the safety of the electrical circuit.

New Earth Solutions (West) Limited, of Station Road, Caythorpe, Grantham, Lincolnshire, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £200,000 and ordered to pay £12,466.60 in costs at Lincoln Magistrates’ Court on 10 May 2024.

HSE inspector Tim Nicholson said:

“This incident could so easily have been avoided by properly planning the task, ensuring that all workers involved were suitably competent and making sure that electrical conductors were isolated before the work began.

“Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”

This HSE prosecution was brought by HSE enforcement lawyer Jayne Wilson and supported by HSE paralegal officer Ellen Garbutt.

Accidents at Work – How long do I have to claim

For Employer Liability cases, legal proceedings must be commenced within 3 years from the date of your accident. Failure to do this may result in your claim being time-barred and you may not be able to make a compensation claim.

If a loved one has deceased, the time limit for bringing a claim is 3 years from the date of death.

What compensation can I claim?

Each Employers’ Liability case is assessed individually and is dependent on supportive medical evidence. You can claim for:

General Damages – Made for the pain, suffering, and loss of amenities of life that are evidentially linked to the accident at work directly. The pain and suffering element of the award compensates for all past, present, and future physical and psychiatric symptoms.

Loss of amenity means the inability to complete activities, either temporarily or permanently, after an accident, which could be undertaken before. This is an award designed to compensate you for the actual injuries suffered, and the effect those have had on your quality of life.

Special Damages – Compensates for any financial losses or out-of-pocket expenses as a result of the accident at work. This would include (but is not limited to) loss of earnings, medication or prescription charges, travel to appointments or any cost of care for the extra care you have needed from family or care providers.

If you are unable to do tasks like gardening, or walking the dog, and have to pay for these services as a consequence of your accident and subsequent injuries, these can also be claimed for.

This can also include any future loss claim and if you are unable to return to the same job as a result of the accident at work, you can claim for a lump sum based on your wages known as Smith v Manchester award. This is where it can be proved that as a result of your injuries, there is a risk you would find it more difficult to obtain similar employment.

However, an injured person has a duty to take reasonable steps to minimise their losses/expenses. This is called mitigation of losses, and a Court will assess whether or not the loss was reasonably incurred, before making an award.

How much compensation will I get?

The amount of compensation you can claim depends on the severity of your injuries and the effect it has had on your life. If symptoms are ongoing and are supported by medical evidence, this would increase the value of your claim.

The Judicial College Guidelines set out financial brackets for common types of injuries, as will be referenced to estimate the value of the claim.

The guidelines are broken down into the affected body parts and type and severity of the injury. They were introduced as it was recognised that whilst no two cases are ever precisely the same, justice was required to develop consistency between awards.

Precedent case law is also relied on to support the valuation and consideration must also be given to whether you have had a pre-existing disability or whether the injury accelerated a pre-existing condition.

Even where the older injury may not be symptomatic at the time of the accident, it is something that will have to be considered and would affect the value of your claim.

How long does an accident at work claim take?

Each case is different and whether an insurance company agrees to deal with a case depends on several factors. It is therefore very difficult to advise on the length of time a case may take as it may be that it is not clear who is responsible for your accident.

Your solicitor will advise you if there are issues that arise which means the duration of your case will be affected. It will depend on various matters, such as:

Level of your injury
Ongoing treatment
Whether your employers admit fault
Whether proceedings would need to be issued to secure compensation
Speed of communication between parties
Issues with your medical records/reports

Employer Liability – What are the laws?

There are a number of laws and regulations employers must follow to ensure their workers are kept safe.

Employers have a duty of care to protect workers from harm, by ensuring that risk assessments are carried out, the correct training is given and protective equipment is provided.

Some of the regulations include the following:

The Health and Safety at Work Act 1974.
Health and Safety at Work Regulations 1999
The Personal Protective Equipment At Work Regulations 1992.
The Electricity at Work Regulations 1989