Construction Worker Injured after Falling from Unsafe Ladder during Factory Refurbishment

A Health and Safety Executive investigation has ordered a construction company to pay fines and costs following health and safety breaches which saw a site worker sustain serious injuries to both of his arms and legs.  

In 2021, Bow Tie Construction Ltd was engaged in a London-based project to refurbish an old factory and dwelling house, converting them into a single dwelling. During the refurbishment, a new concrete staircase had to be built, starting with temporary timber formwork. 

The investigation by the HSE reported that a worker and two colleagues were tasked with building the formwork, and whilst the worker was standing on a step ladder, operating a gas-powered nail gun, he fell from a height of around 1.65m He sustained serious injuries, including crush injuries, a fracture and dislocations affecting both of his arms and legs. 

HSE Investigation 

A wide-scale investigation was carried out by the Health and Safety Executive (HSE), Britain’s national regulator for workplace health and safety, who found evidence of: 

• Unsafe management of working at height 
• Inadequate edge protection 
• Incorrectly assembled tower scaffolds 
• Uncontrolled use of ladders 

Bow Tie Construction Ltd had already been issued with a Prohibition Notice in July 2021 for unsafe work at height, but despite this, the failings continued, and the accident occurred in August 2021. 

Working at height – a leading cause of workplace injury and death 

Construction sites are high-risk environments, and it is important that everyone follows safety procedures to avoid incidents. Unfortunately, workplace accidents happen, and workers are injured, sometimes fatally. 

Working at height is particularly dangerous, and there are specific regulations that employers or people contracting others to work at height must follow, as set out in the Work at Height Regulations 2005. 

The emphasis is on proper planning, risk assessment and training, as well as inspection and maintenance of equipment. If possible, working at height must be avoided; for example, by working from ground level using extending equipment. A rescue plan must also be in place in case of an emergency. 

Whilst the use of ladders is allowed, they should only be used for low-risk, short-duration work where a risk assessment shows that no other suitable equipment is available. 

Employer’s Duty of Care 

Every employer, site manager, or contractor has a legal duty to ensure your safety while on site. Primary legislation includes the Health and Safety at Work Act 1974 and the Construction (Design and Management) Regulations 2015. Specific regulations also exist when hazardous substances, confined spaces, noise, vibration or lifting operations are involved. 

Employers must carry out risk assessments, provide adequate training, maintain safe systems of work, and ensure that all relevant equipment is available and fit for purpose. 

If any of these duties are breached and you are injured as a result, you may have grounds to claim compensation. Establishing negligence does not mean your employer acted deliberately to cause harm; it simply indicates that they failed to take reasonable steps to prevent foreseeable harm. 

Premier Legal Assist can help 

If you have been injured on a construction site, you don’t have to face the consequences alone. If your case is eligible, with our help, you can secure the compensation you deserve. 

If you have an eligible claim, Premier Legal Assist can connect you with a team of specialist personal injury lawyers who handle construction site accident claims on a no-win, no-fee basis. 

To find out if you are eligible to make a 'no-win, no-fee' claim, complete our short form, and a team member will be in touch.