An employee fell off a roof and suffered broken
bones and a spinal injury which will prevent him from working in the roofing
industry again.
The District Court found that the company
should have used a scaffold and should have better trained its employees on
safety requirements. The company was
ordered to pay $40,000 reparation and an $18,000 fine. The fine had been reduced from a starting
point of $60,000 because of the company’s remorse, its efforts to improve
safety, its struggling financial situation and the foolish action of the
employee which lead to his own injuries.
The High Court has said that the $18,000 fine
was far too low. The starting point
should have been much higher than $60,000 and that the foolish actions of the
employee should not have led to any reduction in the fine. A new fine of $60,000 was imposed but this
would normally have been $70,000.
The Courts are treating injury accidents very
seriously and the fine and reparation plus legal costs here amount to well over
$110,000. You must get your Health &
Safety procedures right.
If you need help give me a call on (04) 473
6850.
Alan Knowsley
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