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  • Overview

    Jonathan Herbert, specialist personal injury lawyer, successfully obtained undisclosed damages to compensate the family and dependants of a tree surgeon who was fatally injured in an accident at work.

    The deceased was undertaking tree surgery working from a climbing rope using a chainsaw to cut branches.  The chainsaw came into contact with his neck, causing a fatal wound. The cause of the accident was either a cut branch flicking back up towards the deceased, hitting the chainsaw and knocking it into his neck or he may have slipped in the tree as a result of the soles of his boots being smooth.

    It was alleged on behalf of the dependants that the deceased’s employer failed to:

    • ensure that suitable personal protective equipment was provided to the deceased, negligently and contrary to Regulation 4(1) of the Personal Protective Equipment at Work Regulations 1992;
    • make a suitable and sufficient assessment of the risks to the health and safety of the deceased, negligently and contrary to Regulation 3(1) of the Management of Health and Safety at Work Regulations 1999;
    • ensure that the said work at height was carried out in a manner which was safe, negligently and contrary to Regulation 4(1) of the Work at Height Regulations 2005;
    • provide a mobile elevated working platform or cherry picker for the deceased’s use;
    • ensure that the said pruning work was undertaken with a hand saw rather than with a chainsaw;
    • ensure that the deceased wore boots with ample grip on the soles;
    • provide a high collared jacket for the deceased’s use;
    • ensure that the said cut branch was cleared away from the deceased's work area prior to the said accident;
    • devise and operate a safe system of work.


    The defendant’s insurer agreed to settle the claim.  As the deceased’s daughter was under the age of eighteen, court approval of the proposed settlement was required.  Jonathan represented the deceased’s daughter at a hearing when the court agreed that the proposed settlement was in the best interests of the family and dependants and approved the settlement.

    Jonathan Herbert specialises in claims involving injuries sustained in the workplace.  If you would like to ask him a question about a potential case, or if you have a general query about any personal injury, contact him at Thomson Snell & Passmore solicitors on 01892 701226 in confidence.

  • Related Services

    Personal Injury

    Our Personal Injury team will advise you free of charge whether you have a claim and can act for you on a no-win-no-fee basis.

    Accidents at work

    If you’ve had an accident at work and believe your employer failed to take adequate steps to ensure your safety, we can help you bring a personal injury compensation claim. We are specialists in this area and have vast experience of dealing with claims for compensation following injuries at work.  

    Accident in a public place or on private premises

    If you have had an accident in a public place or on private premises you can be entitled to claim compensation. We have a long history of acting for clients injured when in public places such as supermarkets, parks, walking on footpaths etc.  

    Fatal accident claims

    When an accident results in death the legal process that follows is difficult for those left behind. We offer a caring service with practical advice. We can represent families at inquests as well as help with the compensation.  

Jonathan Herbert

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Jargon Buster