Workplace Injury Lawyers Secure Justice Following Breach Of Duty Admission

An airport worker suffered two broken bones after a metal bar fell from a motorised vehicle he was driving crushing his foot at Birmingham International Airport

James McReynolds from Shirley, in Birmingham worked as a baggage handler when the accident occurred in March 2012 whilst he was using the vehicle to tow large passenger planes on and off the runways.

The 26-year-old, instructed workplace injury experts at law firm Irwin Mitchell to investigate whether there had been health and safety failings which lead to the accident.

He is speaking out now after the firm secured him an admission of responsibility and a £4,000 settlement from his employer Servisair to cover loss of earnings and for the pain and suffering caused.

Servisair admitted breach of duty through failing to check, inspect and maintain work equipment; breach of health, safety and welfare regulations and also failing to carry out any suitable risk assessments.

Expert Opinion

We are pleased that Servisair admitted a breach of duty and we were able to secure a settlement for James.

“In public places, such as airports, it is essential that firms take the necessary precautions to ensure that all their workers have safe, appropriate equipment which has been assessed according to health and safety regulations to make sure that accidents like this can be avoided.

“Health and safety of all employees, needs to be at the forefront of employers minds. Regulations are put in place to ensure that accidents are prevented and if there are failings, steps must be taken to rectify the problems and lessons must be learnt.”
Louise Binks - Associate Solicitor

At the time of the accident James was wearing steel cap boots which were provided by his employer, but they did not withstand the impact of the tow bar which fell onto his foot crushing his toes and causing the fractures.

One of his colleagues who witnessed the accident called an ambulance which took him to Heartlands Hospital in Birmingham to be examined where it was confirmed he suffered fractures in his foot and was given medication to relive the pain. At hospital James’ foot was taped together to help ease the pain and support the fracture and he also had to wear an orthopaedic support for six weeks.

James was unable to work for six weeks but was then able to go back to work and he resumed his old role.

James said: “I am relieved that the legal process has now finished and I can move forward and put this all behind me.

“I was in a great deal of pain for a number of weeks due to the accident which prevented me from going to work. Due to my injuries I was unable to go to the gym, walk the dog and also help my partner around the house.

“I am pleased that Servisair admitted responsibility for the accident and I hope that it means health and safety for its employees will be of the highest standard at all times to prevent further unnecessary injuries.”