Deep sea diver crushed by giant underwater hammer wins huge payout

Independent

3 days ago

A deep sea diver who miraculously returned to work on the seabed 18 months after losing a leg when he was crushed by a giant underwater hammer has won a £915,000 compensation payout.
Veteran diver Allan Peacock, 55, suffered devastating injuries when he was crushed by heavy equipment while working underwater off the coast of India in 2011.
A heavy pile - acting like a "hammer" to nail another into the seabed - unexpectedly moved, sucking him between the two pieces of equipment and crushing his foot.
Mr Peacock was able to hop and drag himself away and was treated in India and in Newcastle after flying home, but ended up having to have a below-knee amputation.
But despite that, with efforts described as "quite exceptional" by a surgeon, he was back working underwater within 18 months with the help of a special prosthetic leg.
And now, after suing at the High Court, Mr Peacock has been awarded £765,866 in compensation from his former employer, Indian company Del Seatek India Private Limited, having already received about £169,000 from the operator of the barge he was working on.
The court heard Mr Peacock qualified in 1998 and was working as a saturation diver for Del Seatek when he was injured while working from a cargo barge in pipe laying operations in the Paradip area of India in November 2011.
His barrister, Mark Chapman KC, said conditions were difficult, with poor visibility of only about a metre and a strong tide when he descended underwater in a dive basket to work at a depth of up to 30 metres.
His task was to disconnect two chains which were holding vertical piles together, one on top of the other, with the top driving the other into the seabed and "acting like a hammer on a nail."
As he began to work, the top pile parted from the other and the barge began to roll due to the tide, also causing the piles to move, the barrister continued.
"They parted because they were insecurely attached," he said. "There was too much slack in the chains holding them together.
"The claimant's right foot was sucked in between the parted piles before the top pile fell back on top of the bottom pile and, in doing so, crushed the claimant's foot.
"The claimant's foot was stuck for a few seconds before the piles moved again and the claimant was able to remove the foot.
"The claimant detached his umbilical and hopped and dragged himself back to the dive basket after informing the dive supervisor of the accident.
"The basket had been removed to the surface and so the claimant had to await its return."
He was initially treated in India, before being moved to the Royal Victoria Infirmary, in Newcastle, where he had to have his below-knee amputation due to the lack of blood flow to the foot.
Mr Chapman said the extent of his injury had been "graphically revealed" to him and he was told without warning that amputation was required, which left him 'extremely shocked and quite emotional.'
"Following the accident, the claimant was absent from all/any work for a period of around 18 months," he continued.
"However, he is a stoical, resourceful and determined individual. He was resolute in his ambition to return to his pre-accident work, having independently researched the regulatory position applicable to amputees and commercial diving operations.
"The claimant has managed to return to work in a field which is very demanding with the use of prostheses provided by the NHS."
In his written evidence put before the court, Mr Peacock himself described the problems he faced in getting back to work after the accident.
'One of the things raised was what would happen if my prosthetic leg came off in the water," he said.
"In order to deal with this issue I came up with the idea of having climbing harnesses attached to my prosthetic leg.
"This was approved by health and safety and now it is something that I use all of the time when at work.'
Although he is now slower in the water, he continues working as a diver, but fears becoming more disabled in later life, the court heard.
"I am fully aware that it is likely that I will be wheelchair-bound at some later stage in my life and to be honest this scares me," he said.
"I try not to think about it too much and concentrate on keeping myself fit and healthy. I watch what I eat, I exercise and I try to keep myself in the best possible shape.'
Addressing the judge, Mr Chapman described Mr Peacock as an "impressive" man, who, because he can no longer run, has taken up kayaking and is still a keen mountain biker.
Mr Peacock initially sued his former employer Del Seatek and also the barge's operator, South Korean company Hyundai heavy Industries Company Ltd.
His lawyers claimed that the work had been done in "hazardously strong tides and with poor visibility" and that the piles were "not sufficiently secured together."
Hyundai settled his claim with a payment of £169,000, but Mr Chapman said Del Seatek had since 2016 "taken zero interest in this matter and had no involvement since 2016," leaving the judge to simply decide the amount in damages he is due from them.
Ruling on the case after a half-day trial at the High Court, Deputy Admiralty Registrar Simon Brown awarded Mr Peacock £915,871 damages, to be reduced by the amount already received from Hyundai.
The sum includes awards of £150,000 for lost earnings and £681,000 to pay for prostheses and equipment, as well as smaller sums to cover the extra cost of first class seats while flying back and forth to work and to mark the care he received from his wife, Samantha Vincent.
Speaking afterwards, Mr Peacock's solicitor Simon O'Loughlin, of Irwin Mitchell, said: 'What Allan went through was very traumatic, but he's shown such bravery and resilience to get to where he is today. To see him get back out working as a professional diver after such a serious injury is nothing short of incredible. He's truly an inspiration.
'It's been a privilege to get to know him and I hope that the settlement will be able to provide him with some closure as well as help fund any future treatment and support he requires and deserves.'
Mr Peacock added: 'Not for one minute did I ever expect to be back doing what I love after what happened to me. However I knew that my only options were to sit back and let my injury define me or take back my life – I chose the latter and I'm so glad I did.
'It took me a while to regain my confidence in the water, but I'm so proud of how far I've come. I've also had amazing support which I'm very grateful for.
'I wouldn't wish what I've been through on anyone, but I hope that I can show that there is life after such serious injury.'