A north London homeowner has succeeded in her fight with a Polish builder over a potential six-figure injury compensation payout.
Tomasz Kmiecis suffered a shattered right elbow and serious hip and thigh injuries after falling from a ladder at the home of Nadia Isaacs home in north London. His injuries are so severe that he is unable to work again as a carpenter and builder.
Mr Kmiecis was attempting to fix a leaky garage roof when he fell, blaming the fact that the ladder he was using – which belonged to Mrs Isaac – was too short for the job.
Mr Kmiecis was sub-contracted for the repairs by the firm Armag Decoration, who paid him a daily rate of between £60 and £80 pounds. The firm did not have insurance to complete the work and insisted on attempting the job despite the lack of suitable equipment. They also concealed the accident from Mrs Isaacs, and she was unaware of any incident until three months later. A judge later described the firm as ‘cowboys’.
Mr Kmiecis’s legal team had attempted legal action against Mrs Isaacs, as Armag Decoration had no insurance to claim off. They claimed that as the ladder belonged to her, liability for the accident lay with the homeowner too. They also claimed that she was negligent in not allowing the workmen access to the flat roof through her sons bedroom window.
However the judge in the case exonerated her of all responsibility, deeming liability lay firmly at the feet of the employer. He expressed regret that Mr Kmiecis would not receive injury compensation but admitted the fault of this was the failure of the employer to provide adequate insurance.