£87,000 payment for man who nearly died

FORMER States Works employee John Waterman has been awarded compensation of £87,500 after coming close to death in a work-related incident nearly six years ago. The 63-year-old former district committee chairman of the Transport and General Workers' Union suffered serious head and spinal injuries and was left fighting for his life when a rotten wooden ladder collapsed beneath him at States Works' La Hure Mare depot in April 2001.

The 6ft 5in. islander has been unable to work since, but after getting the full backing of the T&G has now received a compensation payment plus interest from the States of Guernsey insurers in an out-of-court settlement.

'Without the support of the trade union movement, I would have received zilch. The T&G has done everything-plus for me,' Mr Waterman told the Guernsey Press yesterday.

'I'm still suffering now with memory loss and poor balance, but no amount of finance or doctor's advice is going to compensate for that. At least I have received a financial award for my suffering.'

He blamed 'ignorance of the law' for the accident and is calling for much tougher legislation on health and safety and industrial law.

Ron Le Cras, the T&G's regional industrial organiser for Guernsey, asked: 'What value do you put on your life and your health?

'No amount of money can compensate for your health and well-being,' he said.

'John has been a very valuable man for the union and the island over the years. We would have fought the case for any member the same as for John. This award is a reflection of the service the T&G gives to all members, including John Waterman.

'Employees should be in a union for protection. Injuries at work can be fought for through advocates and the courts to gain some form of compensation,' said Mr Le Cras.

'We are very pleased, after this long and difficult fight for compensation, that John has finally had this award for his pain and suffering,' he said.

'The establishment should have been more forthcoming with payments for expenses for John's health throughout the six years.'

He had to pay out of his own pocket for trips with his wife to see specialists in the UK.

Mr Waterman, who was a States employee for 31 years, followed the legal advice of Babbe Le Pelley Tostevin.

'I'm satisfied with their work under the rigid conditions regarding industrial law that we have got in this island,' said Mr Waterman.

'It's down to me to overcome the problems I have still got.'

When a safety officer visited him in hospital after he had spent time on a life-support machine, he was told that the ladder that caused his accident could not legally be sold in the UK.

'Local industrial health and safety laws fall flat. If it was a race, we would still have not approached the starting line. It's only through the trade unions that we stand a chance of getting adequate supervision or legislation to protect the workers,' he said.

Chief health and safety officer Richard Brown said: 'There is a big difference between criminal law and civil law and all I can comment on is the criminal law. He has come through a civil law process, which is beyond our control or sphere of influence.

'It's for management to comply with the law. If a serious accident occurs and a prosecution is taken out, they are prosecuted with the full weight of the law,' he said. 'Our legislation is not dissimilar to that in the UK.

'The reason the ladder collapsed was that it was rotten,' said Mr Brown.

In December 2002, States Works was fined £2,000 for breaking health and safety laws.

It did not wish to comment yesterday.