Adams Personal Injury Blog
Fitter Wins Vibration Compensation of £8,500
Tuesday, 29 September 2009
A fitter whose hands have been permanently damaged through the regular use of vibrating tools at work has been awarded damages.
Anthony Barry, 61, worked for the car manufacturer Ford for 33 years. During that time he used a variety of hand-held vibrating tools on a daily basis but was never warned by his employer that the nature of his work meant that he was at risk of developing an industrial injury.
In 2005, Mr Barry noticed that his fingers turned unusually white in cold weather. This was the first indication that he had developed Hand Arm Vibration Syndrome (HAVS), a condition that can be permanently disabling. His doctor confirmed the diagnosis. HAVS is also known as Vibration White Finger. Other common symptoms include discolouration of the skin, general aches and pains in the hands and numbness in the fingertips.
Mr Barry took early retirement from Ford almost ten years ago but still suffers from the debilitating condition. He will have to cope with the symptoms for the rest of his life.
After bringing a claim against his former employer, Mr Barry has now been awarded £8,500 to compensate him for his injury.
Employers have a specific duty under the Control of Vibration at Work Regulations 2005 to assess the vibration risk to employees and where necessary to introduce a programme of controls to eliminate the risk or reduce exposure to as low a level as is reasonably practicable. The preventative action needed depends on the level of the risk involved. For high risk situations employers are required to use an action plan to check and control levels of exposure. This includes providing regular health checks for employees and ensuring that they are given information and training on the health risks and the action being taken to control them.
If you have suffered an injury as a result of your employer’s failure to follow health and safety laws, you could be entitled to compensation. Contact one of our personal injury claim laywers for advice.
For further information on the Control of Vibration at Work Regulations 2005, see http://www.hse.gov.uk/vibration/hav/regulations.htm.
posted by Admin at
12:20
Post On: 
Delicious | 
Diggit | 
Reddit
Cyclist’s Family Receives £580,000
Wednesday, 23 September 2009
The family of a teacher who was killed as he cycled home from work has received £580,000 in compensation.
David Kerslake, 44, cycled to and from the Sharples School in Bolton, where he worked as the Head of Science, every day. He was on his way home when he was hit by a car and knocked off his bicycle. The driver of the car was a diabetic who had suffered a hypoglycaemic attack and lost control of his vehicle. The car struck Mr Kerslake from behind and he suffered fatal injuries.
Mr Kerslake left behind a wife and young daughter. His wife Jacqueline brought a personal injury claim and the car driver’s insurers agreed to pay compensation for the family’s loss.
If you or a member of your family has been injured in an accident that was someone else’s fault, please contact our professional personal injury claim lawyers to discuss making a compensation claim. In the UK, there is normally a time limit of three years in which a personal injury claim must be made.
posted by Admin at
08:55
Post On: Delicious | Diggit | Reddit
Compensation for Honeymoon Ruined by Dysentery
Monday, 21 September 2009
A man who contracted a potentially fatal disease whilst on honeymoon in Venezuela has won £286,500 in compensation from the tour operator.
After their wedding, Julian Hurley, 50, and his wife Jayne went on a package holiday to South America with First Choice Holidays and Flights Ltd. Mr Hurley developed Shigella, a form of dysentery, which left him hospitalised for five days when he returned to the UK and in need of antibiotics and intravenous drugs.
During the holiday, the couple were particularly concerned about the quality of the food being served at their hotel. However, as they had booked an all-inclusive package holiday, they had taken very little spending money with them and so had no option but to eat at the hotel. The food was of a very poor standard with many dishes undercooked and some cold.
Five years on, Mr Hurley still suffers from the after effects of his illness. He suffers from irritable bowel syndrome, chronic fatigue syndrome and post-traumatic stress disorder. As a result of these problems, he has difficulty walking long distances and gets tired easily, forcing him to reduce the number of hours he works.
After Mr Hurley brought a personal injury claim, the tour operator admitted liability and agreed to pay damages of £286,500.
Shigella is a bowel infection that can be spread by direct transmission and sometimes through uncooked foods. Although in the UK infections of this type usually cause only mild symptoms, strains caught abroad are much more virulent and potentially fatal if left untreated.
If you are on a package tour and suffer illness as a result of poor hygiene or some other preventable cause or you have an accident as a result of a lack of proper safety precautions, make sure you get as much evidence as possible and as quickly as possible. Photographs or films of unsafe areas and unhygienic food preparation procedures can be very useful in cases of accident or illness, for example. Also, make sure your complaints are formally noted in writing and given to the holiday representative and/or the resort manager and that you keep a copy. Exchange addresses with any potential witnesses or fellow sufferers. If you are admitted to hospital, retain a copy of your medical notes.
If through no fault of your own you have suffered a preventable accident whilst on holiday or had a holiday ruined by illness caused by procedural failings at your resort, contact us as soon as possible for advice on the next step to take.
posted by Admin at
10:50
Post On: Delicious | Diggit | Reddit
Brothers Poisoned by Excess of Iron Win Claim Against Hospital
Wednesday, 16 September 2009
Two brothers have won a substantial undisclosed amount in compensation after blood transfusions they underwent at the Royal Liverpool Hospital were found to have poisoned them.
Paul and Liam McNeely, 39 and 35 respectively, both suffer from a rare form of anaemia, pyruvate kinase deficiency, which was being treated with regular blood transfusions. Unfortunately, the transfusions contained an excess of iron and over a 25-year period the brothers were being slowly poisoned.
Although the family had concerns about the treatment the brothers were receiving, a test that would have revealed the abnormally high levels of iron in their blood was never carried out.
Paul McNeely now suffers from neurological problems which include mood swings, insomnia and confusion. He is totally dependent on the support of both his parents and outside carers.
Liam McNeely now has diabetes and liver problems that will require treatment for the rest of his life.
To counteract the effects of the earlier treatment, the brothers had to undergo a process called chelation therapy, which lasted three years. It is a lengthy and painful process which removes the excess iron in the body and involves slow, 12-hour injections five times a week.
The Hospital Trust issued an apology to the two men and admitted gross negligence.
If you are injured as a result of negligent medical treatment, our personal injury claim solicitors can help you obtain an appropriate settlement.
posted by Admin at
10:12
Post On: Delicious | Diggit | Reddit
Monday, 14 September 2009
A man whose wife died of mesothelioma, a deadly cancer that attacks the lining of the lungs, heart or abdomen and is almost exclusively caused by exposure to asbestos, has won an undisclosed amount in compensation.
June Probin, who was a trained nurse, knew when she was diagnosed with mesothelioma that it was caused by asbestos exposure. The disease has no cure and Mrs Probin died, aged 67, just five months after the diagnosis.
Mrs Probin had been exposed to asbestos because of her father’s job. He worked as a boilermaker at the Crewe Railway Works, part of British Rail Engineering. When he came home for lunch and in the evening, his overalls were covered in asbestos dust. Although Mrs Probin left home when she was 17, she frequently returned to visit her parents and was thereby further exposed to the deadly substance.
Mrs Probin’s father was never warned by his employers about the potential dangers of working with asbestos. Consequently, he had no idea that he was exposing his daughter to the risk of developing a fatal illness fifty years later.
Jack Probin, June’s husband, continued with her personal injury claim after she died and has received an undisclosed amount in compensation.
Unfortunately, Mrs Probin’s case is not that uncommon – many people have been exposed to asbestos dust indirectly as a result of contact with a family member’s work clothes.
Asbestos-related illnesses are among the most common industrial diseases in the UK. We are experienced in handling claims for all kinds of industrial injuries
posted by Admin at
12:28
Post On: Delicious | Diggit | Reddit
Payouts for Pupils' Accidents Reach £2.8 Million
Thursday, 10 September 2009
A survey of local councils has revealed that almost £3 million was paid out in compensation to children hurt in accidents at school in the year 2008-2009. This figure represents an increase of £1 million on the previous year.
The claims, made against local education authorities, have been for all sorts of accidents. One child at a school in Derbyshire won £35,000 after being injured in a collision during a games lesson. A child who suffered a broken hand, after hitting a piece of wood held in a vice, was awarded compensation of £2,800 by Norfolk County Council. A pupil in Suffolk who broke a tooth as a result of being hit in the face with a calculator received £9,000 in damages.
A poor warm-up session was blamed when a Hertfordshire student was injured during a PE lesson, resulting in a payout of £4,000. A pupil from South East London received £6,000 after tripping over a playground pothole.
Some pupils were compensated for the unlikeliest of accidents. For example, a teacher in West London threw a lolly, which bounced off a desk and hit a pupil who subsequently collected £800 in compensation.
Whilst some will argue that the survey results are further evidence that we are developing a ‘compensation culture’, schools and their employees do have a strict duty of care to their pupils which must be adhered to at all times. A commonsense approach to health and safety issues in schools is necessary so that children are not prevented from developing useful skills. However, neglect on the part of a school, for example a failure to maintain a surface properly, could result in a trip or slip causing an injury that could impact on a child for the rest of his or her life.
If your child is injured in an accident at school, it is important to find out exactly what happened so that you can take appropriate action if necessary and if it is suitable contact a personal injury lawyer to take things further.
posted by Admin at
14:26
Post On: Delicious | Diggit | Reddit
Young Footballer Bullied by Coaches Wins £40,000
Thursday, 3 September 2009
A young man has received £40,000 in compensation after he was mentally and physically bullied by two football coaches.
The young man was attending a sixth form college in North London under a scheme designed to encourage promising footballers to develop their soccer skills and study at the same time.
Two coaches at the school subjected the young man to 18 months of abuse. They regularly slapped, punched and kicked him as well as squeezing his throat. They locked him in a metal cupboard, watched him while he was getting changed and showering and subjected him to verbal abuse.
Initially, the young man was reluctant to come forward through shame, embarrassment and fear that his football career would be jeopardised. When he finally told his father of the treatment he had endured, a complaint was made to the school, which initially suspended the coaches but then reinstated them after only two weeks. As a result, the young man dropped out of college.
The young man’s family then lodged a complaint with the Football Association, which carried out an investigation into the coaches’ conduct and eventually found that the claims of sexual misconduct and assault were substantiated.
The family then issued proceedings against the college. They argued that it had failed in its duty of care to the young man. At first the college argued that the coaches’ behaviour was merely ‘horseplay’, but later agreed to pay compensation of £40,000 in settlement of the claim.
The college has now implemented child protection and anti-bullying policies and procedures to protect young players.
If you or a member of your family has been injured, whether physically or psychologically, as a result of bullying, our personal injury lawyers can advise you on the best way to claim compensation.
posted by Admin at
15:02
Post On: Delicious | Diggit | Reddit
