Wind Turbine Technician Due Compensation for Severed Left Arm

Even the most careful employees can suffer industrial accidents for which even the most safety-conscious employers can be held responsible. The High Court made that point in the case of a technician whose left arm was traumatically amputated whilst he worked on the inner machinery of an offshore…

Jan 12, 2023

Nicholas doherty ponbhdyofom unsplash 1024x664

Even the most careful employees can suffer industrial accidents for which even the most safety-conscious employers can be held responsible. The High Court made that point in the case of a technician whose left arm was traumatically amputated whilst he worked on the inner machinery of an offshore wind turbine.

The technician, whose reputation for carefulness had earned him the nickname ‘Mr Safety’, was working within the housing of the turbine, which was on board ship and being prepared for installation. Unaware that the turbine’s generator was under power and slowly moving, he put his arm through a hole in a brake disc to check a component. On completing the check, he realised that he could not withdraw his arm and he could only watch as the machinery severed his limb.

In finding the company that employed him at the time two-thirds liable for the accident, the Court found that technicians who had been working on the turbine earlier in the day had reactivated the power without replacing a chain and warning sign that would have alerted incoming personnel to the fact that the system was energised. That failure was the most potent cause of the accident.

The technician, who was working in the turbine’s housing alone when he should not have been, was himself one-third responsible for his own misfortune. There was no one present to act as a second pair of eyes and, although the accident involved a certain amount of sheer bad luck, he had assumed without checking that the power was off and the system locked.

The Court expressed admiration for the courage and presence of mind he had shown following the accident and for his determination in coping with such a grave injury. The company was commended for its exemplary reaction in the immediate aftermath of the accident. Evidently attaching great importance to safety matters, it carried out a full investigation and swiftly implemented effective reforms to equipment and safety procedures.

The amount of the technician’s compensation, which would be reduced by one third to reflect his own contributory negligence, would be assessed at a further hearing, if not agreed.

Health and Safety – Forklift Truck Driver Sacked for Whistleblowing

Workplace whistleblowers operate very much in the public interest but, all too often, they are punished rather than praised for their activities. The point was made by the case of a veteran forklift truck driver who was summarily dismissed after repeatedly alerting his employer to a serious health and safety risk. After witnessing an incident in which a pallet weighing up to 500 kg fell from a height of nine metres, the driver three times expressed concern to his employer that pallets were…

Workplace Sexual Harassment – You Don’t Have to Put Up With It!

Those who suffer sexual harassment at work have absolutely no reason to put up with it and should contact an employment lawyer without delay. In a case on point, a young woman who was showered with offensive WhatsApp messages by her boss was awarded substantial compensation. Over a period of more than two years, the administrative assistant’s boss sent her a persistent stream of extremely distasteful, crude and, in many cases, shockingly racist messages. About 50 of them were memes of a sexual…

Supreme Court Urges ‘Give and Take’ in Town or Village Green Dispute

Town or village greens (TVGs) are effectively sacrosanct against development and public access to them is heavily protected by law. However, they are often privately owned and, as an important Supreme Court ruling showed, that can create some stark conflicts of interest. The case concerned a 200-square-metre area on the quayside of a privately owned port. Entirely covered by concrete and long in use by HGVs and port vehicles, there was nothing bucolic about the site. The port’s owner erected a…