Legal Specialists At Irwin Mitchell Are Working On Securing Interim Payments To Fund The Man’s Rehabilitation

A construction site manager, who suffered serious injuries including internal bleeding due to lacerating his kidneys when he was crushed by a skip while working on a renovation, has instructed specialist workplace accident lawyers at Irwin Mitchell in an attempt to get help for his rehabilitation and recovery.

Ronald Pearson, 52 from Middlesbrough, was working in Edinburgh on the conversion of a property into a pub when the accident occurred on 1 November, last year.

Each morning, between 6 and 7am while working on the project, Ronald and the other workers would fill a skip which would be placed on the road outside. On the morning of the accident, when the skip was lifted, in error, it crushed Ronald against the railings leaving him with two fractured vertebrae in his lower back, a fracture to his right arm, and internal bleeding due to lacerating his kidneys.

After the incident, Ronald instructed expert serious injury lawyers at Irwin Mitchell to investigate the cause of his accident and to help secure the necessary funds and support he needs to continue his ongoing rehabilitation and recovery.

Ronald, who lives in Martin-in-Cleveland, said: “The pain I felt that morning when the skip crushed me against the railings will stay with me for the rest of my life. I suffer from claustrophobia now which I didn’t do before the accident and doctors believe it is a result of the accident.

“I am still in pain every day and I am on a high number of painkillers and other tablets to assist with my pain, claustrophobia and depression, and I regularly struggle to sleep.

“I am obviously worried for the future as I need the all clear by doctors to go back to work, and I don’t know how long this will take.”

On the day of the accident, the skip was delivered between 6-7am as usual by Stewart Melrose (Bathgate) Limited. Ronald has told both the police and his legal team that on this morning, the skip operator did not remove the chains once he had lifted the skip to the road surface.

Correct procedure dictates that chains should be removed once a skip has been planted on the surface, and then reconnected once the skip is full and ready to be loaded back onto the vehicle. This is too ensure that there is a clean, smooth lift and prevents any sudden movements like the one that occurred the morning of the accident.

Ronald’s legal battle is more complicated by the fact that the accident occurred on the renewal day of the insurance policy held by the company which provided the skip, Stewart Melrose (Bathgate) Limited. As the accident took place between the old policy ending and the new policy beginning, the insurance company has refused to indemnify the company, meaning that Ronald will have to pursue the company direct for compensation which could mean further delays in securing funds to aid his rehabilitation.

Gemma Allsop, the expert workplace accident legal specialist at Irwin Mitchell representing Ronald, said: 

Expert Opinion

“We are keen to ensure we get the necessary funds that Ronald needs for his recovery.

“Through no fault of his own Ronald has been left suffering with serious injuries and is in vital need of specialist rehabilitation to help him get his health back on track and to get back to work. However, the insurance issues mean there is a complication over who should pay the interim payments that will aid Ronald’s treatment.

“Unfortunately we still see cases where Defendant companies have not been covered by insurance at the time of an accident resulting in injury to a person such as Ronald. The holding of public liability insurance is not a legal requirement and this is a serious issue that the Government needs to address in order to protect individuals such as Ronald.

“We hope all employers will take note of their insurance renewal dates and ensure that adequate cover is in place to protect individuals such as Ronald.” Gemma Parkin - Chartered Legal Executive