05 November 2013
Crane driver awarded £2.7m in compensation
A crane driver has been awarded £2.7 million in compensation after suffering permanent injuries.
According to the, Iain Gillham was operating a 200 ft crane in July 2009 when it fell onto an apartment back in Chandlers Wharf, Liverpool, throwing him out of the cab.
He suffered a fractured skull, brain haemorrhage, broken shoulder and spine fractures from the incident and, as a result, is paralysed from the waist down. As he requires constant care, it is also highly unlikely he will be able to work again.
Bowmer and Kirkland was fined £280,000 following an investigation by the Health and Safety Executive, while Bingham Davis was charged £1,000 after it voluntary went into liquidation.
Speaking to the Daily Mirror, Mr Gillham said: "I believe my legal team have obtained the best settlement which was possible. I'm philosophical about what happened. If it had happened a day later, it would have been somebody else up in that crane. It could have been a father with a young family.
"It's happened, and I’ve got to get on with things as best I can."
The compensation was agreed in an out-of-court settlement. Under the terms of the deal, Mr Gilliham will receive £180,000 in annual payments for the rest of his life, which will go towards covering assistance and adapting his home and transport.
The injuries suffered by Mr Gillham were not the result of his own actions. Construction sites have very specific requirements for health and safety, inclusive of equipment such as cranes, which can ultimately hold them responsible should something happen. Failure to follow regulations can be seen as professional negligence, which can be used as grounds for compensation, since injuries can occur at someone else's lack of action when they otherwise should have done so.
Mr Gillham's legal representation said he will now be able to afford the care he needs to help him live comfortably.
Construction firm Bowmer and Kirkland and engineering company Bingham Davis were both found guilty of health and safety breaches last year by Liverpool Crown Court.
By Francesca Witney
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