England crane accident leaves worker with PTSD but no compensation

Death witness builder denied payout
Aug 1 2008 By Tom Lawrence


A builder who was left mentally scarred by the memory of a workmate's horrific death on the Wembley Stadium construction site has been refused a penny in compensation.

Stephen Monk was on the scene within minutes after a work platform weighing a third-of-a-ton fell 60 feet to the ground, on top of his friend Patrick O'Sullivan.

Mr Monk, aged 43, from Essex, climbed underneath the three-meter-wide buckled platform to comfort his stricken friend, but Mr O'Sullivan, 54, from Cork, Ireland, died at the scene.

Judges at the High Court were told that the horrific experience had left Mr Monk with post traumatic stress disorder.

He has not worked for more than three years and doubts whether he can ever return to the construction industry.

The contractors he was working for, PC Harrington Ltd, admitted the accident was caused by a crane driver's negligence

But Deputy High Court Judge George Leggatt QC, ruled out Mr Monk's damages claim against them, saying that, despite the devastating impact the accident had on his life, he was not himself a primary victim.

Although Mr Monk argued he had acted as a rescuer - and believed he was risking his own life in climbing under the platform - the judge said that was not enough for him to qualify for damages.

Had he won his case, he would have been awarded more than s200,000 damages.
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