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Injured worker wants £200,000

1:00pm Thursday 4th September 2008

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By Ian Townsend »

An electrician from Wantage who cheated death when he fell from a telegraph pole has launched a legal battle for £200,000 in compensation.

His former employers, Scottish and Southern Energy, have admitted 60 per cent liability but are in dispute about exactly how much David Rolfe, 50, of High Street, East Hendred, should be paid.

Mr Rolfe clipped a safety belt to the wrong ring on his harness when he climbed a telegraph pole at Hampden, Buckinghamshire, in October 2006.

The ring failed to take his weight and he fell, suffering multiple injuries - including crushed vertebrae and a head injury.

He spent five days in intensive care, three weeks in hospital and then needed physiotherapy.

In a High Court writ, Mr Rolfe accused the company of negligently failing to carry out a risk assessment and failing to supervise the work properly.

Mr Rolfe said: "No compensation has been agreed yet.

"That fall lost me a job I'd held for 32 years. They said I broke health and safety rules.

"I now have a new job with the Rutherford laboratories."

Mr Rolfe still suffers stiffness in his back and right shoulder.

A spokesman for Scottish and Southern Energy said: "We can confirm a claim is being processed through the High Court, but have nothing more to say about it."


Your Say YourOxfordshire

anon, Oxfordshire says...
1:12pm Thu 4 Sep 08

Hang on....let me get this right.....he accidently used his safety equipment wrongly.....but it's someone elses fault?

This country is getting as bad as the USA....no one taking responsibility for their own actions.

"Hello...claiments direct....I was caught drunk driving and nealy killed someone....can I sue the beer manufacturers for making me drunk? Excellent."

Jolene, Abingdon5 says...
3:11pm Thu 4 Sep 08

I totally agree with anon on this one. HE clipped his safety belt in the wrong hole therefore in my mind HE is at fault and the company are right in saying that he broke Health and Safety rules. I think any Judge would be mad to give this man any money what so ever and I think he should be made to pay the court costs too!

rob, Wantage says...
3:15pm Thu 4 Sep 08

I agree with the above, but he had been in the job for 32 years, surly some sort of loyalty award could be done?

Jolene, Abingdon says...
3:21pm Thu 4 Sep 08

Rob, surely if you had been in a job that required climbing telegraph poles for 32 years you would understand the seriousness of needing to make sure your health and safety is correctly applied? And at the end of the day, a company can put in as many H&S procedures but it is down to the individual to carry them out!
Don't get me wrong, I do feel sorry for this chap having to give up what he has done for most of his life, but the buck stops with him.

Major Disaster, The bronk says...
3:51pm Thu 4 Sep 08

This is what you get for trying to climb a poor pol migrant worker. Did anybody ask whether he wanted to be climbed in the first place? and what does the pol get out of this....

anon, Oxfordshire says...
4:55pm Thu 4 Sep 08

rob wrote:
I agree with the above, but he had been in the job for 32 years, surly some sort of loyalty award could be done?
Why? 32 years you would have thought he'd been super careful as i'm sure he's seen this happen to others. sad tho it is, it's a risky job and not paying attention has it's price. (and it's not £200,000!!)

MS, says...
8:15am Fri 5 Sep 08

HSAWA 1974 -It shall be the duty of every employer to ensure,so far as is reasonably practicable,the health,safety and welfare at work of all his employees.Every employer should also make a suitable and sufficient risk assessment...Enough said, now leave the man alone.It is for the courts to decide.

anon, Oxfordshire says...
9:08am Fri 5 Sep 08

"Mr Rolfe clipped a safety belt to the wrong ring on his harness "

enough said MS. Everyone these days gets the correct H&S training, if you decide to ignore that, or incorrectly use the supplied equipment, the fault then becomes your own.

Reader, says...
9:16am Fri 5 Sep 08

MS states a section of HASAWA 1974.

Further in the Act are responsibilities by employees :-

Whilst the overall responsibility for health and safety rests with the Director, all employees, irrespective of title have a legal responsibility for their own health and safety and that of others, whether in preventing accidents and injury from occurring, reporting potential dangers or simply ensuring personal safety. (HASAWA 1974, Section 7)

The co-operation of all employees is vital to the success of this policy. Failure to comply with the safety rules and instructions constitutes a disciplinary offence.

The report stated that the employer admitted 60% of the fault, but no details given. Seems a rather incomplete report, as usual to grab the headlines without substance

jo, wantage says...
10:32am Fri 5 Sep 08

if he had been in that job for 32 yrs then surely he would by then know how to use the equipment safely. its not the companys fault he wasnt concentrating enough to realise his mistake before it was too late its his own and as for wanting to receive that amount of money for being self confessed negligent GROW UP MAN its your own fault deal with it!

Your sayYourOxfordshire

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