Catastrophic Workplace Injury Claim Involving Romanian Labourer

Background

On a cold January day, a serious workplace accident occurred on a construction site in Staines, a suburban town in Surrey, just on the western edge of London. Among the workers present were Romanian labourers, including the Claimant, who was directly involved in the incident.

Accident Overview

The Defendant instructed the excavation of a trench for a concrete foundation adjacent to an existing brick wall. This wall had been left standing without any additional structural support and was built on compacted earth with no visible foundations, making it inherently unstable.

As the trench neared completion, the Claimant was inside the excavation, manually removing residual soil with a shovel. Suddenly, the brick wall collapsed, falling into the trench and onto the Claimant. He was trapped against the trench wall, sustaining extensive and life-threatening injuries.

Attempt to Conceal the Severity of the Accident

Instead of immediately calling emergency services, the Defendant attempted to conceal the seriousness of the incident. The site manager, under instruction, carried the Claimant to a van and laid him down on the back seat. The Claimant, in extreme pain, was unable to recall any conversations during this time due to the worsening of his condition.

He remained in the van for an unknown period but recalls waiting by the trench for approximately 10 to 15 minutes before being moved. Shockingly, before taking him to the hospital, the van stopped at the Claimant’s residence so he could retrieve his identity card and change his shoes, which were dirty from the building site. This delay further endangered his life.

Upon instruction, we immediately contacted the Health and Safety Executive (HSE). Inspectors attended the site to investigate the circumstances of the accident. However, by the time they arrived, the brick wall and trench had been removed, obstructing the ability to fully assess the physical conditions that led to the collapse.

Medical Response and Injuries

Eventually, the Claimant was taken to Chelsea and Westminster A&E, where he was resuscitated with blood products and IV fluids. A comprehensive medical investigation revealed:

• Chest injuries: Fractures of the 6th and 7th ribs, haemothorax.
• Abdominal trauma: Damage to the small intestine and stomach, ruptured bladder and bulbous.
• Pelvic injuries: Multiple fractures including dislocation of the sacroiliac joint, fractures of the left iliac bone, anterior left sacrum, and both superior pubic rami. Bone fragments were displaced into the pelvis.
• Vascular injury: Avulsion of an iliac artery causing life-threatening internal bleeding.
• Spinal injuries: Fractures of the transverse processes of L4 and L5 vertebrae.

The Claimant was transferred to St Mary’s Hospital ICU, where he was intubated, ventilated, and placed in an induced coma to undergo multiple surgeries. On the day of the accident, he underwent abdominal surgery, including the insertion of a stoma bag. This was later reversed after recovery.

Aftermath and Legal Proceedings

Due to the severity of his injuries, the Claimant was unable to return to work in construction. He returned to his native Romania, where he was cared for by his family. Court proceedings were initiated in the High Court against the Defendant, and interim payments were secured to support the Claimant financially during his recovery and until the claim was settled.

Conduct of the Defendant

The Defendant raised various totally unfounded allegations, including that the Claimant was living at a different address than previously stated and that he in fact lived in a block of flats and he was able to manage going up the stairs contrary to what was said in his medical and witness evidence.

This allegation was based on the Defendant’s confusion arising from the fact that in the Romanian city where the Claimant resided, there were two roads with very similar names.

This was despite clear medical evidence and expert evidence confirming the long-term impact of the injuries, the need for ongoing care, and the Claimant’s inability to resume physical labour.

These tactics were never successful and on a simple google maps search it was demonstrated that the Claimant was living in ground floor accommodation and that he was never dishonest about his residence and physical limitations.

Settlement

The case ultimately concluded at a Joint Settlement Meeting (a way of negotiating settlement without going to court), where a conclusion of the case was reached.

Even after the settlement was agreed the Defendant’s poor conduct continued – they delayed the release of the settlement funds and costs.

This prompted our experienced legal team to draft and almost file an application to enforce the settlement claiming interest for the late payment, ensuring the Defendant was held accountable for the delay.

A few hours before the issue of the application, the funds were released and the Claimant received his settlement that reflected the seriousness of his injuries and the long-term consequences on his life and livelihood and interest for the late payment of the compensation.

Conclusion

This case highlights the critical importance of risk assessment and structural safety in construction environments.

The Claimant’s injuries were catastrophic and preventable, underscoring the need for strict adherence to health and safety regulations, responsible site supervision, and fair conduct during litigation.

Even when the Defendant tries to put forward ways of avoiding payment, our team will continue to pursue our client’s claims as vigorously as possible.

The case was conducted by our most senior Romanian-speaking fee earner, Anamaria Nita, together with one of the firm’s partners, Ricky Baba.

Accident at work

Our specialist lawyers can help victims involved in an accident recover compensation. You will need expert advice on what action you can take to obtain accident compensation.

You can trust in the experience and knowledge of our team of professional injury lawyers to ensure that you receive the maximum amount of compensation that you are entitled to.

Get in touch today and find out within 1 hour if you have a claim. Call us on 0800 048 2355 or request a call back now.