Injury Compensation News

Negotiations Settle Claim for Hearing Loss Compensation

November 4, 2016

A man, who sustained severe hearing loss after employer negligence, has been awarded a five-figure settlement of compensation for his injuries.

Alan Pashley, a sixty-one-year old man from Northfield in Birmingham, worked as an HGV fitter at Birmingham City Council for nearly forty years. During this time, Alan was regularly exposed to loud noises as he was required to use a compressed air gun to remove wheels from the heavy goods vehicles, facilitating the realignment of their brakes and clutches.

Yet at no point during his four-decade employment was Alan provided with adequate ear protection to protect him from the damaging effects of excessively loud noises. As such, Alan has been diagnosed with severe hearing loss and mind tinnitus. His doctors have told him that, had he been provided with adequate ear protection, his hearing loss would be delayed by around a decade.

Alan then decided to consult a personal injuries solicitor and subsequently made a claim for work injury compensation against his former employers, Birmingham City Council. The council admitted liability for Alan’s injuries, and after a period of negotiation, the parties agreed on a five-figure settlement of compensation. This will help Alan, who has three children and six grandchildren, pay hearing aids for the rest of his life.

In a comment to his local paper, Alan told of how the injury has affected his life: “Poor hearing and tinnitus are extremely difficult and frustrating to deal with and they have a huge impact on my day-to-day life. They affect simple things like following a conversation to hearing the TV.”

“I was really shocked to find out the noise at work caused the hearing loss I was suffering and I think it is important that employers do everything they can to prevent people’s hearing being negatively impacted by noisy work environments. The only thing I can hope is that cases like mine are a reminder to improve workplace safety, particularly for people who spend a lot of time in a noisy environment.”

Alan´s solicitor also commented that: “Unfortunately, we regularly see individuals like Alan who was failed by his employers. Companies continue to fail to take the necessary precautions to protect staff from hearing damage as a result of working closely with these tools.”

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Young Construction Engineer Injured On Site to Claim Compensation

October 5, 2016

A young engineer from Scotland has sought legal counsel and is due to claim for work injury compensation from his employer after he was gravely injured whilst working.

The devastating accident occurred on the 24th September 2013 at the old Forfar to Arbroath Railway line n Scotland. Connor Watson – aged just seventeen when the accident occurred – was working with a team of engineers at the Arbroath Flood Protection Scheme under DJ Laing Contractors Ltd. The team needed to access a damaged pipe that was behind an old letterbox.

Connor was assigned to remove the blocks, but as he removed the fifth the entire concrete wall gave way. The 0.46 tonne structure crushed his legs, and though he can now use his limbs – thanks to intense rehabilitation – he will likely never engage in many physical activities again. This has had a very negative impact upon his quality of life, as Connor was a passionate football player. Additionally, he has been warned by doctors that his legs will likely be arthritic by the time he reaches his thirties.

An investigation was carried out into the circumstances of the accident by the Health and Safety Executive. The team discovered that Connor’s employers, DJ Laing Ltd, did not conduct an adequate health and safety risk assessment of the structure and, as such, could not advise Connor proceed with caution. This was a violation of the Health and Safety at Work Act, and last year the company were  fined £32,000 at the Forfar Sheriff’s Court for their negligence.

The contracting company have a successful “return to work” scheme for employees that have been absent on extended leave, and Connor has been working since May 2014 at the firm. However, the young man is very concerned as he believes that his arthritis will exclude him from future job markets.

Connor and his family have sought legal counsel from a personal injuries solicitor and have made their intentions to seek compensation known. Connor’ solicitor has confidently told the press that he doesn’t expect the claim to be a question of “if” his client is compensated, solely by “how much” he is.

David J Laing, Managing Director of DJ Laing Group Ltd, commented that “I confirm that Connor is currently employed by DJ Laing (Contracts) Limited and was involved in a serious accident on one of our civil engineering sites in September 2013. Connor is currently undertaking a return to work rehabilitation programme and the matter of compensation is being dealt with by our insurance company.”

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Couple Launch Investigation Into Food Poisoning

September 24, 2016

A British couple have consulted personal injury solicitors concerning food poisoning that they suffered whilst on a package holiday in Crete.

In August 2015, William and Leanda Kidley went on holiday to Crete on an all-inclusive holiday package at the three-star Katrin Suites Resort in Stalis. Towards the end of their stay, William – who works as a Transport Support Manager – began to come down with flu-like symptoms, which developed into diarrhoea upon their return to Cheshire.

William then visited his GP, who referred him to the Warrington General Hospital for diagnostics. The tests conceded that William was suffering from campylobacter food poisoning, and he was then admitted to hospital. Despite a week-long stay at the hospital, William has yet to achieve full recovery.

After the diagnosis was made, the couple consulted a personal injuries solicitor as they believed that the standard of hygiene at the resort was the direct cause of William’s illness. The solicitors will not investigate whether or not the couple have a valid claim against Thomas Cook, the company with which the couple booked the stay, trading as FlexibleTrips.

The Cheshire couple told their solicitors that they regularly saw flies around the chilled food provided to them, and that many of the other foodstuffs were left out in the open all day. Additionally, they claim that much of their food was undercooked. The tour operators have already stated that, if a definitive connection can be made, they will compensate William for his illness.

Leanda, speaking to her local press, has commented that “The last thing we ever expected when we booked the holiday was for either of us to end up in hospital going through tests to find out exactly what was wrong. William missed time off work because of the problems he was having and it took him a long time for his stamina to improve and even now he has not made a full recovery.”

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Child Compensated for Scrambler Bike Injury

August 21, 2016

An anonymous young girl, who was permanently scarred after the handlebars of a motorcycle collided with her face, has been awarded a five-figure settlement of compensation for her injuries.

The seven year-old girl, who has remained anonymous throughout proceedings, was injured whilst she was playing outside with her friends in her village in Co. Armagh. Aged just four at the time, the child was injured when a passing motorcycle scraped her cheek with its handlebars.

The friction cut a hole in the child’s cheek and caused significant dental damage. Additionally, there was psychological trauma as the seven year-old now has a fear of motorcycle sounds and still suffers nightmares.

Acting on her daughter’s behalf, her mother – who has also remained anonymous – claimed for personal injuries compensation against the negligent motorcyclist through the Motor Insurers’ Bureau. Liability was conceded by the bureau and the case went to the courts in Belfast for assessment.

Mr Justice Stephens oversaw the damages hearing, was told of the psychological damage the incident has had on the young girl. He was told that she was timid and clingy at the sound of a motorcycle. For weeks after the accident, she would scream when a motorbike approached.

Judge Stephens also assessed the scar that was left by the accident. He commented that “when the plaintiff smiles, expressing happiness and enjoyment, the impact of the smile is spoilt by the scar becoming markedly indented.”

He proceeded to describe the girl as “relatively shy”, and noted that the scar would probably impact her self-esteem as she grew older. The nature and placement of the scar means that plastic surgery is unlikely to repair any damage.

The court awarded the little girl £90,000 in damages for her injury, compensating for both the physical and psychological effects.

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Woman Compensated for Cycling Injury

July 11, 2016

 

A young woman, who was injured when the brakes of a rented bike failed to work, has been awarded a settlement of compensation.

The accident occurred in July 2013 when Phyllis Bright, aged twenty-one from Lincoln, was visiting the Peak District with her boyfriend. The couple decided to cycle around the area and rented bicycles from the National Park Authority’s Fairholmes visitor centre. They then set off towards the Upper Derwent Valley.

Yet as they were cycling downhill towards the Abbey Brooke Bridge,  Phyllis – who is training as a student nurse – noted that the brakes were not working. As such, to avoid crashing into a stone wall, she jumped from her bike and hit the ground at speed.

As a result of her fall, Phyllis suffered extensive cuts and bruises to her upper body and limbs, as well as injuries to her jaw. She was immediately taken to the Northern General Hospital in Sheffield for treatment.

During her recovery, Phyllis sought legal counsel and proceeded to make a claim for personal injury compensation against the Peak District National Park Authority. In the claim she alleged that the rental bike was not adequately maintained. The organisation conceded liability and proceeded to offer the student a four-figure settlement of compensation.

After the announcement of the compensation settlement, Phyllis commented that “I’m glad I can now begin to put this all behind me and move on with my life after receiving a settlement from the park authority. Realising I had no brakes halfway down a steep hill with a stone bridge at the bottom of it was a scary experience. I never thought I’d end the day in an ambulance on the way to hospital with cuts and bruises all over me. The accident has left me with a number of scars that act as a long-term reminder of what happened and I really struggled to eat and sleep afterwards.”

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Health Company Fined for Nursing Home Death

June 3, 2016

BUPA, a prominent healthcare company, has been ordered to pay a six-figure fine for breaches of health and safety regulations that resulted in the death of an elderly woman. 

A nationwide health organisation have been issued a six-figure fine by the Carlisle Crown Court for negligence that lead to the death of an elderly resident. 

The resident in question, Josephine Millard, was found dead on the 24th September 2013 at the Beacon Edge care home in Penrith. She was found lying beside her bed, having fallen out during the night, in spite of bedrails that had been in place. However, an investigation into the death at the BUPA-owned care home revealed that a pressure sensor that would have altered staff to Josephine’s accident had not been activated. 

The investigation, which was conducted by the Health and Safety Executives, unveiled that the employees at the home had not been trained in bedrail operation and safety. Additionally, regular reviews and safety checks were not carried out as required by health and safety regulations, and it was noted that there was a general failure at the home to provide care for  “care and support for people with dementia type illnesses”, which would mean the standard of care received by Josephine did not ensure her safety. 

For their breaches of  Regulation 9 of the Provision and Use of Work Equipment Regulations 1998 and Section 3(1) of the Health and Safety at Work etc. Act 1974, BUPA Care Homes (CFC Homes) Ltd were prosecuted by the HSE. Earlier this year, the company  plead guilty to the charges at the Carlisle Magistrates’ Court. 

The case proceeded to the Carlisle Crown Court for the passing of a sentence. The court ordered the negligent company to pay a £400,000 fine for their breaches of health and safety laws, as well as £15,206 in prosecution costs. 

HSE Inspector Carol Forster commented upon the announcement of the sentence that “The need for adequate risk assessment and management of third party bedrails has been recognised in the healthcare sector for a number of years. In this case there was a lack of appropriate assessment of the residents’ changing needs and review of the control measures in place to protect her. The measures that were in place were not used correctly in that the sensor pad which would have alerted staff to the resident’s being out of bed was not switched on.”

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Victims of Bus Collision to Claim Compensation

May 7, 2016

A group of victims that were injured in a collision involving three different vehicles are likely to claim compensation for their injuries.

The accident occurred on the 3rd March 2016 along the Bridlington Road, Chesterfield. Two cars and a bus were involved in the collision, which injured seven of the bus passengers enough that they had to be taken to the Chesterfield Royal Hospital. One other victim, who had been driving a car, was then air-lifted to Nottingham’s Queens Medical Centre for treatment.

An investigation ensued into the circumstances of the accident, after which a thirty-seven year-old man was arrested for causing the accident through allegedly negligent driving. The passengers of the No. 70 bus have started to consult solicitors about the possibility of compensation for the accident. They are likely to make the claims once the police have advanced their investigation.

Mavis Blood, aged seventy-seven from Staveley, was one of the passengers on the bus when the collision occurred. Upon admission to the Chesterfield Royal Hospital, she was diagnosed with a bleed on her brain and many lacerations on her face. Mavis was then kept in the hospital over night for monitoring, though they determined that she escaped the accident without permanent damage.

In a statement to the Derbyshire Times, Ellen Chapman – Mavis’ granddaughter – stated that “She went to hospital and there was concern because she’s 70 she’s high risk, and they found she’s got a bleed on the brain, likely because she takes blood thinning tablets. They’re monitoring her and hoping the bleed will sort herself out.”

A solicitor representing one of the victims  also commented that “The consequences of such incidents should not be downplayed, as through our work acting on behalf of clients we have seen how crashes of this nature have left victims suffering from not only their physical injuries months after the event, but also the psychological trauma.”

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Judge Awards Compensation for Mesothelioma to BT Engineer

April 14, 2016

A judge at Bristol High Court has awarded an interim payment of compensation for mesothelioma to a BT Engineer who had worked for the telecommunications giant for 27 years.

Frederick Vincent (76) from Torquay in Dorset was awarded the five-figure sum as an interim payment to provide him with the private care he requires immediately, pending a full settlement of BT engineer mesothelioma compensation still to be determined.

The court heard how Frederick worked as an installation engineer for BT between 1962 and 1989 and regularly came into contact with asbestos while working in telephone exchanges in Devon where he had to drill through asbestos insulation boards to gain access to telephone wires.

Frederick also explained that he worked in close proximity to asbestos-lagged pipe work and his exposure to asbestos had been attributed to his developing mesothelioma cancer – a diagnosis he received on his fiftieth wedding anniversary earlier this year.

The judge found against BT for negligently exposing their employee to asbestos dust and awarded the interim payment of compensation for mesothelioma to the BT engineer. The money will enable Frederick to pay for private nursing care and equipment to help him through the final stages of his illness, and also to purchase a car in order that Frederick´s wife – Jean – can drive him to medical appointments.

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Negotiations Resolve Farmyard Injury Claim

April 11, 2016

A woman, who was seriously wounded in an attack by a bull that left her husband fatally injured, has received an undisclosed settlement of compensation.

The accident occurred in late 2010, when Glenis and Roger Freeman were walking on a public path that lead through a privately owned farm, the Underhill Farm, on Stanford-on-Soar in Leicestershire. As they were walking, they began to be followed by a herd of cows – quickly realising that there was a bull amongst them. The couple quickened their pace, but the bull still attacked.

Glenis, though injured, managed to crawl to a nearby road and wave down a passing car for help. An ambulance was called to the scene, and first aid was administered before the couple were transported to the hospital. When she arrived, Glenis was put into a medically-induced coma as she was treated for a ruptured spleen and fractures to her wrist and ribs. When she awoke, she learned the tragic news that her husband had not survived the attack.

An investigation ensued into the circumstances of the accident, and the owner of Underhill Farm – Paul Waterfall – was charged with gross negligence manslaughter. In 2014, the Nottingham Crown Court acquitted him of the charges. However, Glenis had already sought legal counsel and planned to make a claim for the injuries she had suffered during the attack. This was for both her physical wounds and the emotional trauma incurred.

Negotiations began between the parties, and an undisclosed settlement – described by Glenis’ lawyer as a “significant sum” – was agreed upon.

Once this was announced, Glenis said whilst speaking with her local paper that “the trial was extremely distressing and I was particularly upset with the not-guilty verdict. I hope that the settlement of this case goes a long way to stop this ordeal happening to anyone else. If only there had been a sign up saying there was a bull in the field, we wouldn’t have gone into the field, and Roger would still be alive today. All farmers should follow the HSE recommendation and put up a sign. As it is, this settlement has shown that farmers can be found liable if they do not show a duty of care to the public.”

 

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Compensation Sought for E-Cigarette Fire

April 5, 2016

A man has begun legal action seeking compensation for burns he sustained after the battery of his e-cigarette caught fire in his pocket.

The man, Colin Crow from Levenshulme in Manchester, was out with his friends in Sheffield ion the 30th January when the accident occurred. The thirty-two year-old had kept his e-cigarette in the pocket of his jeans, but suddenly the e-cigarette exploded, leading eye-witnesses to believe that a firework had been lit.

First aid was administered by the staff and an ambulance brought Colin to the Norther General Hospital in Sheffield. There, Colin was transferred to the burns unit and was treated for burns to his left thigh, knee, calf and hand, which had been injured as Colin tried to extinguish the fire.

Colin, an economic consultant, was unable to return to work because of his injuries. He suffered a temporary loss of movement for a period after the accident, and Colin still walks with pain. Whilst recovering, Colin sought legal counsel concerning compensation for his injuries.

Though any lithium battery has the potential to explode because of overheating, the risk is substantially increased if the quality of the battery is low. Should it be proved that the battery sold to Colin did pose a risk to him when it was sold, he may claim compensation under the Consumer Protection Act 2987 or the Consumer Rights Act 2015.

Speaking to Manchester Evening News, Colin’s solicitor has commented that  “This is the latest is a series of incidents in which e-cigarettes have caused extensive burns after exploding in people’s pockets and it is clear that an urgent investigation is needed to determine if more should be done to protect the users. We are now investigating exactly what caused his device to explode as we seek to help him overcome what happened”.

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