HSE prosecutes employers

A Polish migrant worker who was crippled for life in a preventable workplace accident in 2005 won substantial damages settlement last week in his civil claim against his employer.

Father of three Pawel Szczotka was permanently disabled in the incident at a warehouse construction site when workers were moving a two-ton concrete slab into position without proper lifting equipment. While being placed on a steel frame, the slab became jammed and Mr Szczotka, and a colleague went under the slab to prop it into position. When Mr Szczotka, 33, attempted to jack up the slab, it fell on him. There was at least a half hour delay before an ambulance was called, during which attempts were made to move Mr Szczotka.

Friday's settlement was hailed by Mr Szczotka's solicitor, Simon Wilson of Morrish Solicitors, who said "Pawel came to England hoping to find a better life for himself and his family, but instead was permanently crippled because of his employer's utter disregard for Health and Safety. His pelvis had to be rebuilt on both sides, he continues to experience severe pain, and may face amputation of his lower left limb later on. Since the accident he has returned to Poland to be with his family who live in a two-bedroom flat on the second story of a rickety old apartment building outside Gdansk, which is clearly unsuitable for a wheelchair user.

Part of the settlement will be used to build new accommodation for him which is specially adapted for his needs and those of his family and carers. He will need specially adapted transport, an ongoing rehabilitation programme and care regime. Hopefully with this settlement Pawel and his family will now be able to begin rebuilding their lives."

In 2007 the Health and Safety Executive won their prosecution against Mr Szczotka's employer, Euro's (London) Ltd who were found guilty of breaching Section 2 of the Health and Safety At Work Act and breaches of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) 1995 for not reporting the incident to HSE as required. Mr Vijay Kara, Director of both Euro's (London) Ltd and the project's client, Gargreen Ltd, was found guilty of offences under Section 37 of the HSW Act 1974 and he was personally fined £99,900 and ordered to pay costs of £150,000.

Speaking earlier today, Simon Hester of the Health and Safety Executive, who investigated the accident, said "It was a shocking accident, which Pawel was lucky to survive.  In common with many migrant workers, he was very vulnerable. The combined £260,000 fines and costs against the employer reflects the severity of breaches and the incident resulting from those breaches. In his sentencing speech the judge described Mr Kara as having a "cavalier and sometimes non-existent attitude to health and safety," and said the incident was a case of "putting a saving of money before safety of the workers.

Explaining the high personal fines he said, "I am convinced Mr Kara that you were playing every trick in the book to evade your responsibilities."

"Where the Health and Safety Executive finds such appalling management on construction sites, we will come down hard. HSE is targetting contractors and principal contractors who flout health and safety law."
 
For further information please contact  Vanessa Charters Head of Communications, Morrish Solicitors LLP 0759 5564764 This e-mail address is being protected from spam bots, you need JavaScript enabled to view it   or

Simon Wilson, Partner, Morrish Solicitors LLP  0113 245 0733 This e-mail address is being protected from spam bots, you need JavaScript enabled to view it