Adams Personal Injury Blog

Scaffolder Wins £90,000 for Fall

2010-03-05T09:49:00.000Z

An experienced scaffolder who sustained severe injuries in a 40-foot fall has won a £90,000 compensation settlement.

Trevor Cox, 43, had worked as a scaffolder for 20 years and had never had an accident before. He had just started dismantling scaffolding at the Drax Power Station in Wakefield when he stepped onto what he thought was a metal platform. It was in fact made of plastic and was not strong enough to bear his weight.

In the resultant fall, Mr Cox suffered a suspected spine fracture, broken ribs and dislocation of and nerve damage to his left shoulder. He can no longer work as a scaffolder as it is painful for him to raise his left arm above shoulder height. Instead, he has had to find work as a scaffolding inspector.

Mr Cox brought a claim against his employer, Cape Industries Ltd., because he had been told to dismantle the scaffolding without being warned that the platform was unsafe. His employer denied liability for the accident but agreed to an out of court settlement of £90,000 shortly before the case was due to be heard.

Falls from height remain one of the most common causes of workplace injury. Erecting and dismantling scaffolding is particularly dangerous and each job should be carefully planned. Safety procedures must be put in place that are easy for workers to understand and take into account all foreseeable risks. These should be monitored regularly and staff training kept up to date.

If you would like advice on how to make a personal injury claim, contact Adams Law. It is important to take advice early on as there are time limits that apply when making a claim for compensation.

Payout for Injured Sunday League Footballer

2010-03-03T10:49:00.000Z

A student who was badly injured by a late tackle while playing football has won £25,000 in compensation.

Jonny Craig, 29, was studying for a doctorate in educational psychology at the University of Nottingham. He was taking part in a Sunday League game when the accident happened. He was running towards the goal when an opponent floored him with a heavy tackle from the side. Mr Craig was left lying on the ground with a bone sticking out of his leg.

Mr Craig had to have an emergency operation on his leg, which was broken in three places. After he was discharged from hospital, he had to be readmitted when it was found that his leg had become infected.

Because of his injury, Mr Craig was unable to attend his course for three months, which meant that he had to defer his studies for a year. Although his leg has now healed, he is no longer able to run as fast as he could before the accident and still suffers pain from the injury.

Mr Craig brought a personal injury claim and the insurers of the opponent’s team agreed to pay him £25,000 in compensation.

Whilst playing a contact sport carries with it a certain level of risk of injury, it may be possible to claim damages if an injury is caused by the negligence of someone else or by reckless or dangerous play, as happened here.

If you have been involved in a sporting accident that was preventable and resulted from conduct beyond the range of what would normally be expected, you could be entitled to compensation. Contact one of our dedicated solicitors for personal injury claim advice.

Gardener Receives £205,000 Asbestos Compensation

2010-03-01T12:17:00.000Z

A gardener who developed a deadly asbestos-related disease has won £205,000 in compensation from his former employers.

Mr Gaffney, 57, worked for the University of Liverpool during the 1980s looking after the grounds. He used to take his lunch breaks in the boiler room, which had asbestos insulation.

Two years ago, he was diagnosed with the incurable disease mesothelioma, a cancer of the lining of the lungs, and was given only a short time to live. He recently underwent an operation, which it is hoped will give him a little more time with his family.

Mr Gaffney had received no warning from his employers about the dangers of exposure to asbestos and so had no idea that eating his lunch in the boiler room could lead to him developing a deadly disease many years later. After bringing a personal injury claim against them, he received £205,000 in compensation.

Exposure to asbestos can cause a range of diseases including mesothelioma, lung cancer and asbestosis. Mesothelioma can develop many years after the initial exposure to asbestos. Particularly at risk of contracting the disease are those who have worked on building sites or in power stations or shipyards.

Employers who fail to protect workers from exposure to toxins or carcinogens risk action being taken against them by those whose health is damaged as a consequence.

Asbestos-related illnesses are among the most common industrial diseases in the UK. Our Personal Injury Solicitors are experienced in handling claims for all kinds of industrial injuries.

Family of Murdered Patient Wins Damages

2010-02-26T17:00:00.000Z

The family of an elderly patient who died of an insulin overdose administered by a hospital nurse has been awarded almost £50,000 in compensation.

Doris Ludlam, 80, was one of four elderly patients who were given lethal injections of insulin by nurse Colin Norris, who is now serving a jail sentence for the murders.

Doctors became suspicious when one of the patients went into a hypoglycaemic coma despite not being a diabetic. Blood tests revealed insulin levels that were 12 times the normal amount and the woman subsequently died.

The Leeds Teaching Hospital Trust accepted responsibility for Mrs Ludlam’s death and agreed to pay her family compensation of £47,500. The Trust also apologised for the distress caused to the family and for the systems failures that had allowed the nurse access to potentially lethal drugs without challenge.

Mrs Ludlam’s widower, Walter, 94, suffers from dementia and the money will be used to pay for his care.

The families of Mr Norris’s other victims are also pursuing compensation claims, but Mrs Ludlam’s case is the first to be formally agreed.

Fortunately, cases of this kind are rare. In this instance, the hospital clearly failed to supervise its staff adequately and have in place the appropriate systems and checks that would have prevented unauthorised access to potentially dangerous drugs.

For advice and guidance on compensation claims, please contact one of our dedicated personal injury solicitors

£75,000 Interim Payment for Pothole Slip

2010-02-25T09:21:00.001Z

A man who suffered severe brain damage when he slipped and fell on an uneven public road in North London has received an interim payment of £75,000.

Kyle Bullock, 33, was walking with friends down a steep and poorly maintained road when the accident happened. Having dropped a little way behind the others, he began jogging in order to catch them up, but he tripped over a deep pothole. He lost his balance and fell to the ground before rolling down the hill and striking his head on the edge of another pothole.

In hospital, it was found that Mr Bullock had suffered a severe brain injury as well as multiple fractures to his skull. He was therefore transferred to a specialist neurology and neurosurgical hospital for further treatment.

After months of rehabilitation, Mr Bullock has not fully recovered from his injuries and requires assistance with everyday tasks. As a result of the accident he suffered a personality change, which led to the breakdown of his relationship with his partner, and he is no longer able to work.

A claim was brought against a subsidiary company of Haringey Council, which was responsible for the upkeep of the road. The organisation contended, however, that the potholes were not the cause of Mr Bullock’s accident.

Eventually, however, the company was prepared to accept the majority of the responsibility for the accident. Mr Bullock was granted an interim award of £75,000 prior to the full amount of his claim for compensation being quantified.

If you have been injured because the council or organisation responsible for maintaining a road or pavement properly has failed to do so, you may be entitled to compensation. Contact one of our personal injury specialists for advice.

£1.1 Million Compensation for Victim of Drunken Driver

2010-02-23T10:15:00.000Z

A road worker from Tyneside who was knocked down by a driver who was over the limit has won £1.1 million in compensation for his injuries.

William Kane, 55, had been sent by his employer to work on a highways contract for the Irish Government. He had been out with friends one evening after work when the accident happened. He was crossing the road when he was hit by a car driven by Justin Cherry, who was driving whilst over the legal blood-alcohol level.

Mr Kane suffered 15 serious injuries, including severe brain damage, lacerations of his scalp and multiple fractures. Initially, he was treated in a hospital in County Kildare where he lay in a coma for six weeks, only kept alive by a ventilator. Because of the severity of his injuries doctors feared he would never recover.

When he came out of the coma, Mr Kane was flown to a rehabilitation unit in Doncaster where he faced a further nine months of treatment as he learned to walk and talk again. He now suffers from mental and physical problems. He has poor short- and long-term memory and has difficulty walking without a cane. It is very unlikely that he will ever be able to work again and he requires regular attention from carers to look after his day-to-day needs.

Mr Kane began legal proceedings in the Irish courts. The driver’s insurance company made a low offer to settle the claim, but this was rejected. Following negotiations, a figure of €1.25 million (£1.1 million) compensation was agreed and this was subsequently approved by the High Court in Dublin.

“Nothing can adequately compensate for the loss of one’s health and normal way of life. However, a financial settlement can help the victim of an accident such as this to adjust to the changes in their circumstances and relieve them from financial hardship.” Says one of our personal injury specialists

If you are injured in a road accident through no fault of your own, whether as a driver, passenger or pedestrian, you could be entitled to compensation. Contact us for advice on how to proceed with your claim.

Shopper Struck by Heavy Doormats Receives £20,000

2009-12-15T09:16:00.000Z

A woman who was injured when a stack of doormats fell from a high shelf in a hardware store has won £20,000 in compensation.

The woman, who was browsing in an aisle of the store, was suddenly hit on the head and shoulder by the thick rubber doormats. The impact caused soft tissue damage which, unfortunately, did not respond well to treatment.

As a result of the accident, the woman has been left with restricted movement and some degree of pain and discomfort which, it is thought, will be permanent. Because of the injury, she finds that her capacity for work is limited and she also now finds it difficult to carry out everyday tasks such as driving, housework and gardening.

The woman claimed that her injuries had been caused by the shop’s health and safety failures. The doormats should not have been kept on a high shelf without there being a shelf guard in place to prevent them from falling, especially since the stack could easily become unstable if disturbed by customers.

The hardware store’s initial offers of compensation to the woman were rejected as not being commensurate with the seriousness of the injury she suffered. Eventually, however, an amount of £20,000 was agreed to compensate her for her pain and suffering, loss of earnings, medication, travel and other costs.
Accidents in shops are all too common. If you have suffered a personal injury because of a store owner’s failure to eliminate foreseeable risks to the public, contact one of our personal injury specialists to discuss your claim for compensation.

Rugby Player Receives £1,500 for Broken Jaw

2009-12-08T08:48:00.001Z

A rugby player from Wales whose jaw was broken when he was punched by an opponent has been awarded £1,500 in compensation.

Richard Mark Williams was playing in a Swalec Cup game when the incident occurred. He was kicking the ball downfield and an opponent, Samual Pailor, tried and failed to charge down the kick. Mr Pailor then grabbed Mr Williams’s shirt and there followed a ‘trivial exchange of words’ between the two players.

Suddenly, Mr Pailor punched Mr Williams in the face with such force that he had to be taken to hospital, where he was treated for a displaced fracture to the left side of his jaw. The injury left Mr Williams with a slight overbite which required orthodontic treatment.

In court, Mr Pailor pleaded guilty to inflicting grievous bodily harm and was sentenced to 200 hours of community service. He was also ordered to pay Mr Williams £1,500 in accident compensation. Recorder Paul Lewis QC told Mr Pailor, “You should know that violence on the rugby field is no different from violence on the streets.”

New Process for Low Value Traffic Accident Claims

2009-12-07T08:40:00.001Z

A new scheme is to be introduced that is intended to reduce the time it takes to settle personal injury claims for between £1,000 and £10,000 brought by victims of road traffic accidents in England and Wales.

The new process will set fixed time limits and recoverable costs for less complex claims, so that claimants receive fair compensation settlements as soon as possible.

The value of the claim for the purposes of deciding whether it should be dealt with under the new process will be based on the level of general damages, which includes damages for pain, suffering and loss of amenity (PSLA), and special damages. Damage to the vehicle and hire car costs are not included in the claim value, but can be recovered as an element of special damages within the process . The value of the claim will also take into account any deduction for contributory negligence for not wearing a seatbelt.

The following claims will be outside the scope of the scheme and the present pre-action protocol and costs regimes will continue to apply to them:

claims which do not include at least £1,000 for PSLA – the personal injury small claims limit;
claims involving employers’ liability and/or public liability;
Motor Insurers’ Bureau Untraced Driver Agreement cases;
claims where the claimant or defendant is deceased;
claims where the claimant is bankrupt; and
claims where the claimant or defendant is a protected party.

The scheme will be implemented on 6 April 2010. Claims that relate to an accident on or after this date must follow the new process. However, the new regime will not prevent a claimant choosing to settle directly with an insurer/defendant.

Injured Delivery Driver Gets £22,000

2009-12-03T09:58:00.002Z

A delivery driver who was forced to give up his job after suffering a back injury during the course of his work has won a £22,000 payout.

When the accident happened, John Atkin was driving a van loaded with leaflets and newspapers. As he drove, the load moved around in the back of the van and when he came to unload, he discovered the bundles were in the wrong order. Whilst trying to rearrange them, Mr Atkin suffered a serious injury to his cervical spine.

After the accident, Mr Atkin found he was no longer able to carry out manual lifting tasks and so had to give up his job. Because the injury is so painful, he has not been able to find alternative work.

An investigation was carried out to find out why the leaflets and newspapers had moved around in the back of the van. This revealed that they had been loaded incorrectly at the depot.

Mr Atkin brought a claim against his former employer, which admitted failing to comply with health and safety regulations. Mr Atkin agreed a £22,000 settlement to compensate him for his injuries, his loss of earnings since the accident and his future loss of earnings while he looks for a suitable new job.

If you have suffered injury in a workplace accident through no fault of your own, you could be entitled to compensation. Damages can be awarded for physical injuries and psychological distress as well as for wages lost if you have been unable to work. Contact one of our Personal Injury Claim lawyers for advice.

Bus Fall Victim Awarded More Than £1.3 Million

2009-11-26T08:51:00.001Z

A man who fell from a London bus and suffered severe head injuries has been awarded a seven-figure compensation settlement.

Vincenzo Bollito, a 36-year-old designer, was between the doors of the bus when the driver closed them and accelerated down the road. This caused Mr Bollito to lose his balance and he fell and hit his head hard on the pavement. The accident caused him to suffer brain damage, as a result of which he does not always recognise his family and is now partially sighted.

The claim for negligence against the bus company was brought on Mr Bollito’s behalf by his wife. The bus company claimed that Mr Bollito had jumped from the bus himself, but in court the judge rejected this version of events.

Mr Justice Nelson acknowledged the difficulties associated with a bus driver’s job and that passengers can sometimes be difficult. However, bus drivers have responsibility for vehicles capable of causing serious injury to passengers and must act appropriately to prevent accidents. In the judge’s view, the driver had known that Mr Bollito was standing between the doors of the bus and had intentionally closed them and driven away.

Mr Bollito was awarded a lump sum of £1.3 million together with annual payments of £31,500.

If you suffer an injury on public transport as a result of negligence on the part of the driver of the vehicle or the operating company, contact us for personal injury claim advice.

Bus Driver Awarded £250,000 for Crash Injuries

2009-11-24T14:09:00.001Z

A bus driver who was fortunate to survive after his vehicle was involved in a head-on collision has been awarded £250,000 in damages.

James Morton, 60, was driving his bus down a tree-lined country road when the accident happened. An oncoming Mercedes van left him with nowhere to go and the van hit the bus, injuring the driver and several passengers.

In the crash, Mr Morton’s left leg was shattered below the knee. Only swift treatment at the scene prevented him from having to have an amputation. Mr Morton was later told that if the van had struck just 18 inches further to one side then he would almost certainly have been killed.

After the accident, Mr Morton was confined to a wheelchair for two years. He can now only walk short distances and needs to use a stick. He also lost his driving licence on medical grounds and is unable to return to the job he enjoyed for 27 years.

Initially, the driver of the van did not admit liability for the accident and a two-year legal battle ensued. Finally, he did accept liability and his insurance company agreed to pay Mr Morton £250,000 in compensation.

If you have been hurt in a road traffic accident for which someone else was responsible, you could be entitled to compensation for your injury. There are strict time limits that apply to personal injury claims so it is important not to delay before seeking advice.

Contact on of our personal injury claim lawyers if you would like to discuss your claim.

Asbestos Victim’s Widow Awarded More Than £300,000

2009-11-17T16:00:00.000Z

The widow of a man who died as a result of being exposed to asbestos while working at an oil refinery many years earlier has been awarded more than £300,000 in compensation in the High Court.

Frances Streets’ husband began his career working for Esso Petroleum Ltd. as a pipe fitter at its refinery in Fawley, Hampshire. During the time he was employed there he was exposed to the potentially deadly substance. Before his death, Mr Streets explained that avoiding exposure was not possible because the atmosphere was frequently ‘thick’ with asbestos dust. Young workers who had no idea of the attendant risks sometimes engaged in fights with lumps of wet asbestos and their overalls would be covered in the fibres.

Mr Streets kept himself very fit and noticed the initial symptoms of mesothelioma, a type of cancer affecting the tissues covering the lungs, while he was out running. Mesothelioma can strike many years after the initial exposure to asbestos. There is no cure and the disease often progresses quickly. Mr Streets died 40 years after his exposure to the deadly substance.

Mrs Streets brought the case against her husband’s former employer. In court, the judge ordered the company to pay her £314,471 in damages. This included £65,000 for the pain, suffering and loss of amenity experienced by Mr Streets in the months before his death.

Unfortunately, we are seeing more and more mesothelioma cases as a result of employers having failed to protect their workers from asbestos in the past.

We are experienced in handling claims for all kinds of industrial injuries. Contact one of our personal injury claim lawyers for advice.

Welder Wins £12,750 in Damages for Hearing Loss

2009-11-13T09:08:00.001Z

A welder whose hearing was damaged as a result of exposure to excessive noise levels in the workplace has won £12,750 in damages.

John Walton, 46, worked for three different employers between 1978 and 2007 and in each job he worked in a noisy environment. Even though the potential dangers of high noise levels at work were known about by the early 1970s, none of his employers warned him of the risks.

Over the years, Mr Walton had noticed some difficulty with his hearing but did not realise the extent of the damage. It wasn’t until 2007 that he was officially diagnosed as suffering from hearing loss after he underwent a medical examination.

Mr Walton now finds it difficult to hear what people are saying to him, especially when there is background noise. This can be particularly embarrassing in social situations.

A colleague advised Mr Walton to seek compensation for his injuries so he brought a personal injury claim against his three former employers. They all admitted liability and the claim was settled out of court for £12,750.

Because hearing damage can occur gradually over many years it is sometimes difficult to detect. Sufferers often assume that the change in their hearing is due to ageing rather than exposure to excessive noise. However, awareness is growing regarding the very real problem of work-related hearing loss. The number of people in the UK suffering damage to their hearing because of working conditions is estimated to be over 170,000. Those working in industries such as coal mining, shipbuilding and manufacturing are particularly at risk. Symptoms of damage due to noise can vary widely, however, and range from tinnitus, a recurring ringing in the ears, to loss of hearing. Noise-induced hearing loss is the second most common reason for employers’ liability insurance claims regarding occupational health.

Employers now have a clear duty to comply with the standards for control of exposure to noise laid down by the Control of Noise at Work Regulations 2005 and to assess and control the risks of environmental noise that cannot be eliminated. Employees who are likely to be exposed to noise must be provided with information and training on the attendant risks and informed of the steps that can be taken to minimise them.

If you suffer from hearing damage because your employer has failed to take appropriate action, you may well be entitled to compensation.

Health and safety information on noise in the workplace is available from the Health and Safety Executive at http://www.hse.gov.uk/noise/.

Teenager Awarded Compensation for Finger Amputation

2009-11-10T09:11:00.001Z

A teenager who had to have partial amputations of two of his fingers after he was involved in a car accident has been awarded compensation for his injuries.

The 18 year old was a passenger in a car which hit an embankment and flipped over. He suffered a serious cut to his head and his fingers were broken. Parts of his little finger and ring finger later had to be surgically removed.

Immediately after the accident, the driver’s insurance company contacted the young man and offered him £5,000 to settle the claim. He considered accepting the offer but decided to take legal advice first.

After negotiations on his behalf with the insurance company, the offer was increased to £13,000.

It is often the practice of insurance companies to try to settle claims quickly for less than their full worth. Victims may still be in shock and unable to think clearly about how an injury will affect their lives. There is no obligation for the injured person to accept the insurance company’s first offer. It makes sense to take independent legal advice in order to achieve an appropriate damages settlement.

If you are injured in an accident which is not your fault, contact us for personal injury claim advice.

Student Injured by Collapsing Pub Seat Receives £1,200

2009-11-04T09:00:00.001Z

A student who was injured after a pub seat collapsed underneath him has received £1,200 in damages from the brewery.

Faisal Hakeem, 20, was out with friends at a bar in Manchester when the bench on which he was sitting gave way. A protruding nail ripped his trousers and gashed his leg.

Mr Hakeem complained to the management at the bar, but they were unforthcoming so he decided to bring a personal injury claim.

The brewery which owns the bar has now agreed to pay Mr Hakeem £1,200 in compensation for the pain and injury he suffered.

Like all those in charge of areas open to the public, bar owners and operators have a duty to protect people from reasonably foreseeable injuries. In the case of a bar this means, amongst other things, making sure that benches and chairs are fit for customers’ use.

Public spaces include areas owned by the council as well as private premises such as supermarkets, banks and gyms. Injuries sustained because of faulty seating or liquid spills on walking surfaces are particularly common.

If you are injured through no fault of your own in premises open to the public, it is important to report the accident to staff at the time it occurs and to collect the names and addresses of any witnesses to the incident. It will also help your claim if you can produce photographic evidence to show what happened.

If you would like advice on bringing a claim for personal injury, contact one of our personal injury lawyers. It is important to take advice early on as there are time limits that apply when making a claim for compensation.

Refuse Collector Compensated for Pavement Trip

2009-11-02T11:24:00.000Z

A refuse collector whose shoulder was badly damaged after he tripped on a raised paving slab has achieved a settlement of £57,000 in compensation.

Alan Shambrook, 55, was collecting recycling boxes when he tripped and fell heavily, injuring his left shoulder, elbow and knee. The injury and subsequent treatment proved extremely painful. Originally, he had keyhole surgery on his shoulder but this wasn’t effective and so he had to undergo open surgery.

After the accident, Mr Shambrook’s life changed dramatically. He was off work for 15 months and is now unable to carry out ordinary activities such as playing with his grandson and swimming. He has been forced to give up golf and can no longer help his wife to lift her disabled mother. He has also been forced to take a lower-paid job as a road sweeper because of his injuries.

Mr Shambrook brought a personal injury claim against Hertfordshire County Council, which was responsible for maintaining the highways and pavements, and has now received £57,000 in compensation for the pain and injury he has suffered.

Even a slight slip or trip over a raised paving slab can have devastating consequences and accidents of this nature are easily preventable if roads and pavements are maintained properly.

If you have been injured through no fault of your own – for example by slipping, tripping or falling over an ill-maintained pavement – then you could be entitled to compensation. Contact us now to discuss your claim.

Pop Star Wins £450,000 for Botched Cosmetic Surgery

2009-10-28T08:48:00.000Z

A former contestant on Celebrity Big Brother and frontman of pop group Dead or Alive has won damages of £450,000 after a cosmetic surgeon who treated his lips admitted negligence.

Pete Burns, 49, was treated by Dr Maurizio Viel at a London clinic after he experienced problems with a previous lip implant that had shrunk.

Dr Viel injected Mr Burns with a cosmetic filler called Outline, even though the product came with a specific warning that it should not be used in conjunction with other implants or fillers. He then administered a great many follow-up injections, which was also contrary to the manufacturer’s instructions.

Mr Burns later developed lumps and swelling and experienced discharge from his lips. As a result, he had to have corrective surgery, over a period of 18 months, to try to remove the product from his lips. Even after this, it is likely that Mr Burns will suffer a recurrence of the symptoms, which will require further treatment.

After the case was brought against him, Dr Viel admitted liability for many aspects of the claim – chiefly that he had failed to follow the manufacturer’s instructions when administering the filler.

The case was eventually settled out of court and Mr Burns won a £450,000 payout.

If you are injured as a result of negligent medical treatment, contact one of our personal injury claim lawyers we can help you obtain an appropriate settlement.

Holiday of a Lifetime Ruined by Contaminated Burger

2009-10-26T09:49:00.000Z

A holidaymaker who suffered kidney failure after he ate a burger contaminated with E. coli has won £750,000 in compensation from the tour operator.

Carl Riley, 46, was staying with his girlfriend at a hotel in Egypt on what they hoped would be the ‘holiday of a lifetime’. Mr Riley ate the burger at a beach barbecue organised by staff of the hotel. Soon afterwards, he was struck down with diarrhoea and severe stomach pains. Instead of recovering after a day or two, the illness continued for weeks.

Mr Riley was still unwell when the couple returned to the UK and he had lost a stone in weight. A few months later he suffered a heavy nosebleed as a result of very high blood pressure. Shortly afterwards he was admitted to hospital and diagnosed with end-stage kidney failure. He had to spend three weeks in hospital receiving blood transfusions.

Eventually, it was discovered that Mr Riley had contracted a rare blood disorder because of the E. coli bug. He now has to travel to hospital three times a week for dialysis treatment.

As one would expect, Mr Riley’s life has been severely affected. He has split up from his girlfriend and is no longer able to work. He feels extremely weak, angry and depressed and the quality of his life is significantly diminished.

The tour operator, First Choice Holidays, accepted liability but Mr Riley had to fight a two-year legal battle before his negligence claim was eventually settled out of court. The £750,000 compensation is to cover his loss of earnings, both past and future, as well as the cost of travelling to hospital for dialysis sessions and assistance in maintaining his home.

If you have suffered illness caused by procedural failings at your holiday resort, contact us as soon as possible for advice on the next step to take.

Asbestosis Sufferer Awarded £20,000

2009-10-21T14:01:00.001+01:00

A pensioner who developed an asbestos-related disease has won compensation for his illness.

The man, who had worked for a variety of employers in the Cambridgeshire area, was exposed to asbestos at work on a daily basis. Despite this, he was neither offered protection nor given any warnings about the dangers of working with asbestos.

In 2006, he was diagnosed with asbestosis, a chronic lung condition that is normally caused by prolonged exposure to asbestos. It commonly causes shortness of breath, a tight chest and an unexplained cough. As a result, sufferers are frequently unable to walk long distances.

Following his diagnosis, the man decided to bring a claim for compensation against his former employers. Because he had been exposed to asbestos in various different jobs, it was necessary to track down the appropriate insurance company in each case. Because some of the companies had by this time gone out of business, it was not possible to trace them all. However, two companies agreed to accept 79 per cent of the liability, which resulted in the man receiving £20,000 in compensation.

This case illustrates that it can sometimes be difficult to claim compensation against former employers, especially when they have gone out of business.

If you have developed a disease as a result of your employer's negligence you could be entitled to compensation. We can advise you on what steps to take.

£9,000 for Carpet Tile Slip

2009-10-16T15:13:00.000+01:00

An expectant mother who injured her back when she tripped on a loose carpet tile at work has won £9,000 in compensation.

Andrea Swales, 39, was almost five months pregnant when the accident happened at the office where she worked as an HM Revenue and Customs (HMRC) tax credit advisor. Fortunately, she fell into a chair and her baby was unharmed. Ms Swales, however, injured her back, but didn’t realise this at the time.

When she began suffering from back pain, Ms Swales attributed this to her pregnancy. It was only when the pain continued after her baby was born that she realised the accident had done more damage than she had at first thought. Her doctor told her she needed physiotherapy and she has also had steroid injections to help alleviate the pain.

Because of her injury, Ms Swales found it difficult to carry out simple tasks like bathing her baby and lifting the baby’s car seat.

After reading about similar cases, Ms Swales decided to bring a claim for compensation against her employer. HMRC admitted they were at fault and agreed to pay her £9,000 in compensation.

Slips and trips are the most common type of workplace injury. Employers should ensure that floors and floor coverings do not pose a risk to staff, and should instigate regular checks to be sure they remain safe. Where women of childbearing age are employed, the duty to assess workplace risks includes those specific to new and expectant mothers, even if the employer is not aware that there are any new or expectant mothers amongst the staff.

If you have been injured at work through no fault of your own, contact one of our personal injury claim lawyers to discuss your claim. Beware of delay as there are strict time limits for pursuing a claim.

'Toxic Sofa' Victim Wins Four-Figure Payout

2009-10-13T12:12:00.001+01:00

A man who suffered chemical burns after sitting on a new leather sofa has received a four-figure sum in compensation.

Maurice Heminsley, 68, has become the first person in Britain to win compensation after buying a 'toxic sofa'. The problem arose because sofas that were imported from China contained a sachet of a fungicide called dimethyl fumarate (DMF), which was used in order to stop the leather going mouldy when it was stored in humid conditions.

Shortly after buying the sofa from Furniture Warehouse, Mr Heminsley developed a painful rash across his legs, bottom, back and neck. The weeping, open sores left him in agony and he eventually had to go to hospital where he was treated for acute contact dermatitis.

A number of people across the UK have suffered skin burns and allergic reactions which they attribute to having been in contact with sofas and some people have been left with permanent scars. It emerged that DMF can evaporate when the conditions are warm and soak through the upholstery to the skin. Products containing DMF have now effectively been banned by the European Commission and the sofas removed from the market.

After bringing a personal injury claim, Mr Heminsley secured an undisclosed amount in compensation, as well as a full refund for his sofa, from Furniture Warehouse.

If you have been injured or made ill by a product that is not fit for its purpose, you could be entitled to compensation. Contact one of our team of solicitors for personal injury claim advice.

Lifeguard Wins £50,000 for Back Injury

2009-10-02T10:47:00.000+01:00

Back injuries are one of the most common causes of absenteeism in the UK. Each year, employers lose millions of pounds because of lost working days and compensation payable because of injuries sustained in the workplace as a result of poor practice when carrying out lifting activities.

The Manual Handling Operations Regulations 1992 require employers to carry out a risk assessment on manual handling tasks that pose a risk of injury. The Regulations describe manual handling as ‘...any transporting or supporting of a load (including the lifting, putting down, pushing, pulling, carrying or moving thereof) by hand or bodily force’.

In a recent case, a sports centre supervisor who injured his back trying to lift a set of swimming pool steps that was faulty has won a £50,000 payout.

David Barber, 62, was a qualified lifeguard and worked for a council-run sports centre. He had complained about the faulty steps on several occasions but nothing had been done to rectify the problem. He was told that fixing the fault was ‘not a priority’.

After injuring his back, Mr Barber was off work for four months. When he returned, he had to take painkillers to get through the day. Four months later, his injury was further aggravated whilst he was taking part in training to renew his lifeguard qualification. As a result, he has had to retire permanently as he suffers constant pain, for which he will have to have regular epidural injections.

Mr Barber decided to bring a claim against Rochdale Metropolitan Borough Council, which runs the sports centre. Although the Council did not admit liability for his injury, it agreed to pay compensation of £50,000 after proceedings were issued.

The Health and Safety Executive has useful guidance which outlines the problems associated with manual handling and sets out best practice in dealing with them. The publication is available at http://www.hse.gov.uk/pubns/indg143.pdf.

“Injuries such as that suffered by Mr Barber are avoidable,” says one of Adams Personal Injury Claim Lawyers. “Employers who fail to comply with their duties under health and safety law not only risk having to pay fines and possible prosecution but also lay themselves open to claims for damages from employees who suffer injury as a result of poor workplace practices. If you have suffered an injury at work through no fault of your own, you could be entitled to compensation. Contact us to discuss your case and get personal injury claim advice.”

Fitter Wins Vibration Compensation of £8,500

2009-09-29T12:20:00.001+01:00

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.

Cyclist’s Family Receives £580,000

2009-09-23T08:55:00.001+01:00

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.