Guernsey Press

Builder injured 13 years ago still waiting on compensation

A BUILDER is still waiting to be compensated for an accident at work nearly 13 years after it happened.

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(Picture by Adrian Miller, 24332725)

Andrzej Rutowicz, who was aged 49 at the time, is actioning Channel Welders Ltd.

At about noon on 19 July 2006, while employed as a carpenter/roofer for a third party, he was asked to attend the Intersurgical premises at Pitronnerie Road, St Peter Port, with a view to carrying out sub-contract roofing work on a labour-only basis.

He and a colleague then attended the site at 7.30am the next day to begin work. It is claimed that at approximately 11.40am a section of roof he was standing on gave way and he fell through the resultant hole. While he tried to hold on to the edge of the roof he was unable to do so. He fell about 1.5m to where he was able to grab the edge of a safety net, leaving his body dangling below. When the net tore or became detached he fell a further seven metres to the ground below.

Injuries included fractures to his left proximal femur, two vertebrae, and his left wrist. Problems suffered in treatment included a deep vein thrombosis and a pulmonary embolism.

The original claim was for £149,150, which was made up of £29,750 for pain, suffering and loss of amenities and £119,400 for special damages.

The Royal Court was told that the plaintiff had not been able to work since the accident and could no longer claim benefits. He had spent a total of 14 months in England and Poland.

Deputy Bailiff Richard McMahon said there had been some admission of liability and the case was now about the level of compensation to which Mr Rutowicz was entitled. The court could only determine that with expert evidence.

For Channel Welders Ltd, Advocate Chantal Barrett said one expert previously instructed had retired while another had suffered a stroke.

Judge McMahon said Mr Rutowicz needed legal advice.

If he had no money he should apply for legal aid and if he could not get it he should come back to the court. The case was adjourned until 12 April.

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