A construction worker who was seriously injured when he was knocked into a trench by an excavator has launched a legal battle for up to £250,000 in compensation

Iain Cowan was working as a banksman during the construction of a bridge on the M20 motorway in October 2006. He was helping excavator driver David Price to dig a trench when the accident happened.

After telling Price to stop the excavator and turn it sideways, Cowan moved to speak to colleagues. He was then struck by the excavator’s arm, which knocked him into the trench, according to a writ issued in the High Court.

He was taken to hospital where it was found that his spine was fractured. He also suffered a chest injury and a cut on his right leg.

Cowan, who says he has been unable to work since, is suing Norwest Holst, the main contractor on the job, for negligence. The writ claims that the company, which has since been renamed Vinci Construction UK, failed to provide a suitably trained driver, and failed to note complaints of the driver’s poor performance, which exposed Cowan to unnecessary risk.

Vinci Construction declined to comment.

Cowan was working for Sian Formwork at the time of the accident.