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Father-Of-Two Gains Access To Vital Care Package In Judgement Handed Down At High Court

Workplace Injury Lawyers Welcome Decision That ‘Grants Lifetime Of Care And Rehabilitation’


The brother of a former roofer who suffered a devastating head and a fractured spine injury after falling from scaffolding has spoken of his relief after a judge today (8 March) ruled his employers could have done more to prevent his injuries, paving the way for a lifetime care package.

Father-of-two Jason Sharp was carrying out roofing work in a property in Kent in September 2009 when he attempted to climb down some scaffolding and fell 10 feet onto the concrete ground below.

Following a judgement handed down at the High Court in London today, serious workplace injury lawyers at Irwin Mitchell working to secure Jason the care he needs, welcomed Judge McKenna’s decision that found Jason’s employers Top Flight Scaffolding Ltd partially responsible for the fall.

The judge found the firm failed to provide adequate training for working at heights on scaffolding and failed to carry out a site specific risk assessment.

Jason, from South Croydon, suffered a catalogue of devastating injuries as a result of the fall including fractures to the bones on both sides of his head, a severe brain bleed, a crushed chest, multiple fractures to his spine, 12 broken ribs and numerous other injuries.

Colin Ettinger, a Partner at Irwin Mitchell’s London office representing the family, said: “We are pleased to have been able to help this man gain access to justice and ultimately the support he desperately needs to help him regain the best quality of life as possible.

“Jason’s life has been devastated by the injuries he sustained during the fall and it has also had a huge impact on the rest of the family.

“Companies have a duty of care to protect their employees by providing adequate training and safety checks and the judgment handed down today is a significant step forward in Jason’s battle for justice.”

The 43-year-old’s brother John, said: “The decision today is a positive result for Jason as it means our legal team at Irwin Mitchell can now start working on securing a settlement for him that will ultimately improve his quality of life and help him to regain as much independence as possible.

 “It’s a huge relief that a judgement has been made and we are very grateful to a system which has allowed us to access this justice. It is worrying to think that if this had happened now changes to the legal system coming into place in April mean my brother, and people suffering as he has, could find it more difficult to get the legal support they need to fight for their care package. It simply doesn’t bear thinking about.”

Mr Ettinger added: “The law reforms which are coming into effect in April may prevent law firms from taking on complicated cases like these in the future, ultimately undermining access to justice. We are relieved that the judgement has been made today and will now work with the defendant to secure a suitable care package that will allow Jason to begin rebuilding his life.”

Top Flight Scaffolding Ltd was found 40 percent responsible for the injuries Jason suffered.


Read more about Irwin Mitchell's expertise relating to accidents at work