If you were following an unsafe work practice, got injured, and you now need to raise an injury claim in St Helens, you can do so by using the ‘no win, no fee*’ injury claim process that we’ve developed here at Accident Advice Helpline.
Tanker driver breaks arm in 3 metre fall from top vehicle
A driver employed by an oil distributor in Langwathby had an accident in his place of work which resulted in him breaking his arm. He had just completed his morning deliveries, returned to the depot, and intended to check the level of oil left in the tanker. He climbed on to the top of his tanker to use a dipstick to take a reading, but slipped and fell. It was 3 metres from the top of the tanker to the concrete floor, and the fall broke his arm.
Unofficial work method developed
The routine of climbing on top of the tanker to take a dipstick reading had become common place within the company. Because no gauges had been fitted to the vehicles to check how much oil was left in the tanker prior to refilling, the climbing routine was faster than the alternative of having to empty the tanker before refilling it.
Injured driver trained in measuring technique by another driver
The driver who broke his arm was taught the climbing routine by another driver. His employer had given him no alternative training or instruction. During the hearing that followed, the court was informed that the company had not carried out a risk assessment for checking the remaining fuel tankers by clambering on top.
This meant that there was no agreed safe working practice in place. Furthermore nobody had ever informed the injury victim that what he was doing was anything other than the correct way to carry out the task.
The company entered a guilty plea in terms of contravening the Management of Health and Safety at Work Regulations 1999 and were fined £9,330 plus £360 costs.
Safe working method now in place
Since the hearing, the company has clarified its procedures by informing drivers that tankers must be emptied before re-filling, and has put an appropriate training programme in place.
Launching an injury claim in St Helens via Accident Advice Helpline
If the injury claim in St Helens that you are considering raising relates to a similar situation, whereby no safe working method was devised, and this resulted in your injury, you are entitled to claim compensation. We here at Accident Advice Helpline can help you to achieve that goal.
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