Fenwick Elliott were instructed following a fatality after an accident on a building project.
There were a number of emergency matters which needed to be addressed immediately. The client needed advice on its dealings with the Heath & Safety Executive, Insurers (both its own and of the project) and the Employer.
The first step was to assist the client in establishing the cause of the accident. We therefore interviewed and took statements from all the witnesses and assisted the client in understanding why the accident had occurred. We then worked with the client in all of its dealings with the HSE (offering assistance with interviews and ensured that all the relevant information was provided) including to Insurers.
In time, we also had to consider with the client the best approach to manage the inevitable delays that occurred on site and also to manage the consequences of the accident on its business as a whole. For example, whilst investigations were ongoing, how should the accident be referred to on future tenders?
Whenever there is an accident on site, especially one with the tragic outcome here, there are many different reactions and consequences that need to be addressed. Legal issues are only one part of the picture. By taking control of the legal issues, we were able to give the client the security that this particular aspect was under control.