More than £1 million for Bristol man hit by scaffold pole
A FATHER who suffered devastating head injuries while working to convert one of Bristol's tallest buildings into a hotel has received more than £1 million in compensation.
Richard Chodkiewicz, pictured, was working as a lift engineer during the construction of the Radisson Blu hotel in Broad Quay when he was hit by a falling scaffolding pole, which was being used as an improvised plumb line, in July 2008.
The incident left him fighting for his life in Frenchay Hospital – and while he survived, the brain damage the father-of-five suffered left him with limited movement, speech difficulties and memory problems.
Two firms responsible for building the city centre hotel – Miller Construction (UK) and Hoistway Ltd – received fines totalling £142,000 for health and safety breaches in a hearing at Bristol Crown Court last June.
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And yesterday an undisclosed seven-figure sum was approved by a High Court judge in the city to cover the 54-year-old's loss of earnings and the 24-hour care he now requires.
Mr Chodkiewicz, who lives in Easter Compton, was working at the bottom of a lift shaft in the 18-storey building – formerly the headquarters of the Bristol & West Building Society – when the scaffolding pole fell more than 14 floors onto him. He was wearing a hard hat.
At Frenchay Hospital he had emergency surgery and then spent more than six weeks in intensive care. Rehabilitation followed and he was not able to return home until almost 18 months after the injury.
The compensation was awarded to Mr Chodkiewicz after lift company Hoistway Ltd admitted liability for failing to protect him at work. It will cover the specialist lifelong care and rehabilitation he now needs.
His wife Karen, 50, said: "The last three and a half years have been an absolute roller coaster of emotions.
"When I was initially told about the accident, I rushed to Frenchay Hospital to find Richard in intensive care and unconscious. We were told it was highly unlikely he would survive.
"When he finally regained consciousness, I had to deal with the shocking news that his brain injury was so serious that he would have lifelong problems. Richard is a fighter and, thanks to the fantastic work of the rehabilitation specialists at Frenchay Brain Injury Rehabilitation Centre, who have been so supportive, he has made a remarkable recovery.
"However, the fact remains that Richard will never be able to lead a normal independent life. He has no concept of anything that happens on the left side of his body and he now walks with a stick. His short-term memory is very poor and he needs constant care and monitoring for his own safety.
"Richard's long-term memory has also been affected and at times he has difficulty remembering the names of his own children, which is heartbreaking."
The couple were represented by Deborah Bigwood, a serious injury specialist at law firm Irwin Mitchell's Bristol office. She said: "Although no amount of money will ever turn back the clock, today's settlement will provide Richard with a vital care package as well as much-needed financial security for his family."
Comments
by Gazzabristol
Wednesday, June 13 2012, 6:55PM
“@BCFCfinker
It is important that firms are penalised and not just the individuals.
Remember firms win these contracts by putting in lower cost bids. They achieve the lower cost by ignoring health and safety regulations that their more expensive but reputable rivals adhere to.
It is therefore important that companies are not able to gain financially via winning contracts by cutting corners and hopefully harsh financial penalties will make them think twice.
Individuals within the company may be placed under undue pressure to cut corners and be in fear of losing their job (powerful threat when you have a mortgage and kids) if they don't go along with company policy.
It will always be those low level managers and supervisors that are prosecuted; the most senior figures who were really responsible will always get away with bulging pockets protected by the old boys network.”
by Arjimlad
Wednesday, June 13 2012, 5:02PM
“I get those too & I have not had an accident !
I also get texts from PPI parasites.
These are more likely to be claims farmers who sell cases to larger law firms who have to buy their work in. Unsolicited calls are against solicitors publicity code & solicitors are meant to ensure that if they buy work in, it has not been obtained in this way.
The site foreman and the numbnuts who thought a scaffolding pole would make a good plumb line should be prosecuted too - maybe they were ?”
by BCFCfinker
Wednesday, June 13 2012, 12:05PM
“This is truly shocking, however it won't change my mind about injury claims lawyers. Example, please explain why I still continue to get phone calls after an accident (where I was Ok) but some idiot insists I should be making a claim... it's as if they are encouraging me to be dishonest.
I want the law to prosecute people not organisations for stuff like this. Start banging up bosses who allow shoddy work practices (real heath and safety issues) or making them personally financially responsible and I can guarantee that accident rates will go down. Allow them to hide behind their company's, then they can abdicate personal responsibility.”
by Arjimlad
Wednesday, June 13 2012, 11:23AM
“How awful,... a scaffolding pole as an "improvised plumb line" indeed, hopefully the settlement will help the victim live a more comfortable life. Good job, Irwin Mitchell. Where are those who castigate "ambulance chasing fat-cat lawyers" when work like this gets reported ? Easy to sit at your screen & criticise but when stuff like this happens to you who do you want to be in business to help you ?”