Stewarts’ client, THK sustained life-changing burns and psychological injuries following a workplace injury. THK, a Scottish national, instructed International Injury senior associate James Griffin to pursue the case. He was assisted by paralegal Kara Van Zuydam, who provides an overview of the case.

Background

THK was a joiner and carpenter employed by Oakwood Contracts Ltd to work on a site in Torquay, carrying out work on refitting a premises for a Taco Bell fast food restaurant.

On 16 June 2022, was tasked with digging up a concrete floor in what was due to become the disabled bathroom for the premises. THK was provided with a concrete breaker. Not long after he had started to break the floor, THK struck a live electrical cable that ran beneath the floor at a dangerously shallow depth and had not been identified or repositioned by the defendant. This was despite a near miss with the same cable on site in the weeks before THK started work. On striking the cable, THK sustained an immense electrical shock and was engulfed in flames. This has led to life-changing physical and psychological injuries.

How was THK affected by the injury?

THK sustained shocking burns covering 39% of his body, which resulted in long-term scarring. His injuries included reduced hand function, which would affect his career as a joiner, along with an array of skin conditions affecting his everyday life. THK also developed post-traumatic stress disorder and a major depressive disorder as a consequence of the electrical shock.

Stewarts brought a claim against Oakwood Contracts Ltd on THK’s behalf, alleging a failure to adhere to health and safety standards on site and failure to warn THK of the cable.

Stewarts worked collaboratively with the defendant to secure early case management funding. This allowed THK access to private psychological treatment and vocational rehabilitation, enabling him to make a successful partial return to work in 2024.

How was the claim resolved?

The claim had been listed for a five-day trial in the High Court in March 2026. However, in November 2025, the claim reached a settlement following a successful joint settlement meeting. A seven-figure gross settlement was agreed. This provides financial support to THK for the remainder of his life, allowing him to access private treatment for his injuries.

Although the parties entered the meeting with significantly different positions on liability and quantum, this case highlights the collaborative approach that should be taken by claimants and defendants in personal injury claims. The emphasis should always be on trying to avoid the costly, lengthy and risky processes associated with trial.

Stewarts instructed barrister Daniel Lawson of Cloisters Chambers to act on THK’s behalf. Brian McCluggage of Nine Chambers

Upon reaching settlement, James Griffin commented: “THK’s accident is an example of the inherent risks associated with working on construction sites and the additional dangers that come when facing external timeline pressures.

“This settlement not only allows our client to move forward from the accident and provides him with financial security for the future, but it also gives him access to essential medical treatment and allows him to make the necessary adaptations to live his life despite his injuries.

“Ultimately, contractors must guarantee at the outset of projects that the necessary health and safety measures are in place, along with the correct equipment on site to allow employees to carry out their duties safely.”