Tunneller Injured – Unsafe System Of Work

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Recently the litigation team led by Simon Meigan acted for a tunneller whose job was to service tunnel boring machines. This was very heavy, dirty, dangerous work requiring our client and his team to work in very restricted confined spaces and to lift and carry parts well in excess of 100kgs each. Prior to our client’s injury, he was part of a three man team. But when one of his work mates was injured, the boss decided not to replace him. Our client’s accident occurred when he was in a very confined awkward position trying to replace parts to the tunnelling machine’s cutters. Whilst attempting to perform this task, he suffered severe injury to his back. He then tried to soldier on, but having to carry parts weighing more than 40kgs over distances of up to two kilometres underground, was the straw that broke the camel’s back. Surgery followed to his back and eventually he tried to return to work on light duties. As a tunneller, there is no such thing as light duties and so eventually his employer terminated his services. Our client wouldn’t give up and actively sought work everywhere. Eventually he secured work as a doorman at a club. Applying for different jobs, our client noticed that as soon as a prospective employer discovered that he had suffered a back injury “no-one wanted to know me”. Our client has been left with pain in his leg and numbness in his foot. Sitting for any length of time aggravates the pain. Our client has also suffered bouts of depression as his job as a tunneller gave him great “job satisfaction” and with ongoing pain and restriction he is worried about supporting his family long term. Fortunately Simon Meigan was able to bring a work injury damages claim alleging negligence against his employer for their unsafe system of work that the employer had exposed our client to. Eventually, Simon negotiated a settlement of our client’s claim which has now given him and his family long term financial security. Expressing his thanks, our client stated:- “I can’t thank Simon and his team enough for the help and support they have given me. The securing of the lump sum settlement has relieved a lot of stress from my life”.

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