28 August 2012
Family to seek damages after fatal accident?
Compensation may be sought by the family of a man who passed away in a fatal accident at work.
Martin McMenemy died at the age of 52 while working for Grimsby-based firm O Turner Insulation on a project to build a new food processing plant in Leicester in April 2008.
At the time of the incident, Mr McMenemy was using a scissor lift and an extendable platform to install ceiling and wall panels at the site when he accidentally drove the vehicle into an unprotected pit in the factory's floor.
The professional was subsequently thrown out of the specialist equipment when it overturned and, as a result, he suffered head injuries so severe that he passed away later the same day.
An investigation into the accident conducted by the Health and Safety Executive (HSE) established that both O Turner Insulation and the site's principal contractor -Nottingham-based company Clegg Food Projects - did not take the necessary precautions to ensure the hole was adequately covered.
Therefore, the body decided to prosecute these firms for their health and safety failings and a case heard at Leicester Crown Court was told that the incident could have been prevented by simple measures such as cordoning the dangerous area off.
Clegg Food Projects admitted breaching the Construction (Design and Management) Regulations Act 2007, while O Turner Insulation pleaded guilty to breaking two stipulations of the same act.
Following the case, Stephen Farthing, inspector at the HSE, said the tragedy had been "entirely preventable".
"A family has been left without a father because simple precautions were not taken to eliminate what was an obvious hazard. Both companies had a duty to plan, manage and monitor the work being carried out under their control, but failed in that duty," he added.
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Posted by Trusha Vyas