Builder sues boss after digger accident

Tuesday 16 October 2018

A builder who was knocked down and injured by a digger while working on a construction site is taking his employer to court to seek compensation.

Manual labourer Gabriel De Castro says he was bending over to pick up some rubble by hand in 2015 when the digger drove into the back of him, knocking him to the floor and causing “extensive bruising” and “muscle damage” to his back and chest.

Mr De Castro alleges that it was his employer's "negligence" that led to the accident.

In court documents seen by Express, he says that no adequate training or risk assessment had been provided for work on the site and the man who was driving the digger that knocked him down had already been involved in three other accidents whilst driving the machines.

With regards to the training, Mr De Castro’s former employer, BRB Site Excavation & Groundworks, claims that “a discussion was held… in the 24 hours prior to the accident about the dangers of working alongside/moving around an excavator”, which Mr De Castro was party to.

Pictured: Gabriel De Castro is suing his employer after he was knocked down by a digger on-site.

However, the construction company admitted that “no method statement or risk assessment” was produced and remained non-committal about the driver having caused previous accidents, saying that it is “neither admitted or denied."

Further to this, they argue that Mr De Castro “was a longstanding employee… with almost 14 years’ service” and was therefore deemed to be “an experienced member of staff who was aware of the risks of working in the vicinity of an excavator.”

Mr De Castro is now bringing legal proceedings against the construction company, which he has worked for since 2001, to seek financial compensation for the injuries he suffered as a result of the accident as well as loss of earnings and medical expenses.

The case continues.