Head injured machine operator wins multi million pound settlement in claim against employer, Euro Dismantling Services
13 December 2011
A machine operator who was left with severe
brain damage after he was struck by heavy machinery at work has
been awarded a lump sum of £1.75 million and additional annual
payments of £135,000 for life. When capitalised the figure is over
£4.2 million in damages.
In October 2008, Christopher Kaye, a 57 year
old man from Barnsley, was working on a construction site in
Sheffield for demolition company Euro Dismantling Services Ltd when
he was seriously injured. He was changing the grapple
attachment on an excavator when the connecting metal bar fixing the
grapple to the boom sprang out, hitting him in the face and
knocking him to the ground.
Mr Kaye was rushed to Sheffield Hospital where
he underwent life saving surgery. He was left with severe
brain damage and remained in Keresforth neuro-rehabilitation unit
for many months. He now needs around the clock care.
Mr Kaye’s family instructed Jill Greenfield,
personal injury partner at law firm Field Fisher Waterhouse,
in a claim against Euro Dismantling Services Ltd. The
firm gathered evidence to claim that Mr Kaye had received
inadequate training on how to change the grapple; that
recommendations that employees should receive more training were
ignored and that equipment that could have allowed him to carry out
the job more safely was purchased after the accident. It was
discovered that written instructions on changing the grapple were
not provided until after Mr Kaye’s accident. There were also
concerns that another accident, similar in nature had occurred
previously. These claims were denied.
Euro Dismantling Services Ltd initially denied
any responsibility but eventually accepted 90% liability following
meetings between the respective legal teams.
Chris's wife, Sue Kaye comments: “It’s a
massive relief for all of this to be finally over and for there to
be funds to pay for the care Chris needs but no amount of money
will help Chris to fully recover or give me back my loving husband of 32 years, nor will my children ever have
the same Dad.
Jill Greenfield of
Field Fisher Waterhouse has fought hard through this claim for us,
to enable life to be made a little easier, which we are grateful
for."
Jill Greenfield said: “This was a terrible
accident that could have been avoided had better equipment and
training been in place at Mr Kaye’s workplace. This accident has
had a profound effect on Mr Kaye and his family who are devoted to
him. The money will allow Chris to have round the clock care and
support in what are very difficult circumstances."
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