Jogger wins compensation claim after being locked in a loo overnight

Category: News — Written By Injuries Direct — February 8, 2010

A jogger has been offered a compensation claim payout after being locked in a public loo for 17 hours.

The man, who so far has remained unnamed, was locked in the building on Christmas Eve by an employee of Southwark Council, who failed to check if it was empty. He was out without his mobile phone and therefore unable to get out or contact anyone to come and rescue him.

As a result he was left in the freezing cold building overnight; forced to wrap himself in bin bags and toilet roll and sit under the bathroom’s hand dryer to keep him warm.

The man wasn’t released until 10am on Christmas Day morning, meaning he was unable to spend the night or morning with his family or contact them to let them know where he was or that he was OK.

The worker who failed to check the toilets before locking them has since been relieved of his duties from the council after his temporary contract ran out.

A complaint and a compensation claim were made against Southwark Council after the man was let out and a sum was agreed out of court.

A spokesperson for the council said: “I’m very, very sorry about this incident and would like to offer my sincere apologies to the man involved, and I can confirm that the council has offered compensation. This is the first time anyone has been locked in the toilets and we do not envisage that it will ever happen again.” were made against Southwark Council after the man was let out and a sum was agreed out of court.

A spokesperson for the council said: “I’m very, very sorry about this incident and would like to offer my sincere apologies to the man involved, and I can confirm that the council has offered compensation. This is the first time anyone has been locked in the toilets and we do not envisage that it will ever happen again.”

Man wins public liability compensation claim for recycling centre slip

Category: Public Liability — Written By Injuries Direct

A former soldier has won his public liability compensation claim after a horrific slipping accident at a council recycling centre.

Frank Sharpe, 57, was getting rid of a cardboard box at the Doncaster site after setting up for a wedding anniversary barbeque in August 2005. He had walked up the 10foot ramp of the cardboard waste disposer when his left foot suddenly slipped on the surface. His right foot then twisted and became stuck on the ramp, while his slipped back down on his right thigh.

He was taken to Doncaster Royal Infirmary and treated for a broken leg. However, surgery didn’t work as well as expected and he was told that he would have his leg amputated above the knee after picking up a deep infection.

Desperate to save his leg, Mr Sharpe asked for a second opinion and was referred to the Northern General Hospital in Sheffield, where ongoing treatment may have saved his leg by repairing the catastrophic damage to his knee.

He will find out in around one month whether the infection has cleared enough for him to undergo a knee replacement operation.

Mr Sharpe’s public liability compensation claim payout was said to be ‘substantial’ and was agreed in an out of court settlement.

He said: “For the last four years my wife has had to help me wash, dress and use the bathroom, and I’ve been unable to work at all. Now that the compensation claim has been settled, my family and I can concentrate on moving on with our lives.”

Prescription drug errors contribute to Brittany Murphy’s death

Category: Medical Negligence — Written By Injuries Direct — February 5, 2010

Prescription drug errors could have played a part in the death of Hollywood actress Brittany Murphy it has been suggested.

Murphy, who died of pneumonia in December, could have avoided death had she visited a doctor sooner to sort out the problems said assistant chief coroner Ed Winter.

The star’s pneumonia may have been exasperated by a mix of prescription drug errors and anaemia said the coroner, though he would not reveal exactly what drugs may have caused the death.

Murphy’s husband Simon Monjack said that she had not abused prescription drugs, and had not suffered from an eating disorder. However, she had been experiencing flu-like symptoms on the days leading up to her death.

Last month Mr Monjack revealed how the actress took several prescriptions including anti-seizure drugs and Robitussen, which she got from over the counter.

The official verdict of the 32-year-old’s death was accidental and the coroner found no evidence of any wrongdoing.

Family make package holiday claim for fatal gas leak incident

Category: Personal Injury — Written By Injuries Direct

A family will make a package holiday claim for compensation after losing their two children in a gas poisoning incident in Greece.

The children’s dad Neil Shepherd and his partner Ruth Beaston survived the accident, but fell into a coma during the heavy intake of carbon monoxide at a holiday bungalow in Corfu. It was only when they awoke that they were told that the children had not survived.

Now, two Thomas Cook employees, Richard Carson, 27, and Nicola Gibson, 25, along with nine other Greek staff at the hotel are now facing trial for manslaughter by negligence and bodily harm by negligence.

At the hearing, Mr Shepherd said: “You’re going on holiday, the last thing going through your mind is not being safe. You just presume that you’re safe, you presume that the tour operator has just done the checks so that you can go away and enjoy your holiday and not have your children die.”

During their holiday in October 2006, a faulty boiler leaked gas into the family’s holiday bungalow, causing all of them to suffer dangerous carbon monoxide poisoning. A hole in the wall of the boiler room allowed the leaking gas to seep into the rest of the house – something that was later fatal for Mr Shepherd’s two children Robert and Christianne.

So far the Thomas Cook employees have denied responsibility for the deaths. The company have said the accident was “unique and unforeseeable” and the Carson and Gibson were not directly to blame.

The trial will continue at a later date.

Joiner launches work accident claim for manhole fall

Category: Accidents at Work — Written By Injuries Direct — February 4, 2010

A joiner has launched a work accident claim for compensation after falling down a 20foot manhole.

Luke Ward, 19, suffered multiple injuries when he plunged down the unmarked hole whilst working at the B&Q site in Parkgate, Rotherham.

The hole, which was only covered by a piece of plywood at the time, collapsed when he stepped on it. He subsequently fell 20foot, hitting a series of metal steps before crashing onto the concrete base below.

After shouting for help he realised no-one could hear him, so proceeded to drag himself out. When he finally reached the site office he collapsed in front of colleagues.

He was then taken to Rotherham hospital where he was treated for injuries to his ankle, rib and neck. He also suffered a number of cuts and bruises all over his body and was placed on crutches for one month. He had to take five weeks off work to recover.

Following the incident he launched a work accident claim against the construction company Henry Boot, who he was carrying out contract work for.

He said: “Even though I’m back at work now, I can only work for short periods without causing pain in my ankle and my neck hurts most of the time. I was also diagnosed as having a soft tissue injury to my back with along with my ribs, causes pain when lifting heavy items.”

Study reveals worrying trend of hospital prescription errors

Category: Medical Negligence — Written By Injuries Direct

A recent University of London study has showed how prescription errors are worryingly common within UK hospitals.

Research carried out in five hospitals in the capital revealed that over 13.2% of prescriptions written for children are done so in error. Even more startling is the rate of nurses who administered drugs to children – often in injection form. Nearly 1 in 5 (19.1%) were found the have made an error when making a judgement of what medicine was required.

Fortunately the majority of prescription errors were picked up when pharmacists cross-checked the prescriptions, therefore the vast majority of children never received the dosage prescribed to them.

However if the drugs had reached the children the results could have lead to serious problems, possibly with fatal consequences.

One child in particular in the study, who suffered from epilepsy, was prescribed 10 times more of the anti-convulsant drug than they should have been.

Professor Ian Wong, one of the authors of the study said: “It was over the weekend so the pharmacist wasn’t around and nobody checked the prescription. On the Monday the pharmacist noticed straight away and stopped the treatment.”

Professor Wong blamed the fact that drugs are not tested on children and doses are not designed with them in mind. As well as this, many of the child prescriptions are made for injections and not the normal tablet form that is easier to judge the dosage of.

He is now calling for rules that only allow pharmacists to make up injections, meaning nurses are able to dedicate more time to caring for patients.

Overall the study showed 391 prescription errors – a 13.2% incorrect rate. The most common mistakes included incomplete prescriptions and dosing errors.

Sick miners miss out on further industrial disease compensation payouts

Category: News — Written By Injuries Direct — February 3, 2010

There are fears that hundreds of Wigan miners have been scammed into taking a lower industrial disease compensation payout.

Recent findings suggest that the miners’ original legal representation may have accepted premature payouts from the Government - missing out on claiming the full amount available to them.

Now, the miners being urged to seek advice in order to get hold of the money they are entitled to.

Many of the workers who now suffer with the industrial illness vibration white finger are believed to be the worst affected by the inferior payouts. Around £12million has already been given to the VWF victims, out of an overall £66million payout to 6000 miners affected with other industrial-related illnesses.

However, it’s been suggested that this figure should have been a lot higher and that the miners were given poor guidance when it came to making their claims.

Vibration white finger is a condition that damages the blood vessels and nerves in the fingers, causing them to go tingly, numb and eventually an off-white colour. Victims also suffer from a loss of grip and feeling.

The miners were tested for the illness and compensated on the level of its severity. However, solicitors have found that many settled their compensation amounts without making claims for services. This includes the carrying out of activities that they did along with mining, for example washing the car and gardening which they can now no longer do because of their vibration white finger.

Miners have been urged to contact Citizens Advice, or the National Union of Mineworkers for further information.

Indonesian man awarded personal injury compensation for exploding cigarette

Category: Personal Injury — Written By Injuries Direct

A man in Indonesia has been awarded personal injury compensation after a cigarette exploded in his mouth.

Andi Susanto, 31, was riding his motorcycle with the cigarette in his mouth when it exploded, taking out six of his teeth in the process.

Mr Susanto, who is amongst the 60% of men who smoke regularly in Indonesia, vowed to give up his habit following the incident.

PT Nojorono Tobacco – the makers of the cigarette brand Mr Susanto was smoking agreed to pay £5million rupiah in personal injury compensation; equivilant to £335 and all of his subsequent medical costs.

A spokesman for the company said: “We are communicating with the police and still working on forensic laboratory tests. We do not put any strange materials in the cigarettes, so we think this is a weird case.”

The police are still investigating the incident; however there are no plans to recall the brand of cigarettes.

Ex-caravan workers still waiting for employment tribunal compensation claim payout

Category: Employment Tribunal — Written By Injuries Direct — February 2, 2010

Ex-workers of a Hull caravan manufacturer who won a dismissal compensation claim are still waiting to receive their payment.

333 workers were involved in the claim win; worth at least £1.5million. However, they are now unsure exactly how much they will receive and when.

The employees lost their jobs before Christmas 2008 when their employer - Atlas Holiday Homes went into administration. They were able to take them to an employment tribunal as they could prove that no 90-day notice period was given to them; something which is required by UK law.

At the tribunal it was decided that each member of staff could claim back 91 days of lost wages; which at a minimum salary of £350 per week would total £4,550. This would be done by applying to the company’s administrators BDO Stoy Hayward.

Despite this decision, the employees are still waiting for their wage payments after over a year.

While they wait, the workers can apply for eight weeks pay at £350 a week, meaning they should receive at least £2,800. However, some are facing the reality that they may never see the rest of their compensation claim payout.

Employee of 14 years Simon Field said: “The company left us high and dry at Christmas time and tried to hush us away. This means we will all at least get some of what we are owed. But even though we get eight weeks back, most of us were on more than £350 per week anyway.”

HSE launches campaign to highlight slip trip and fall accident risk

Category: Accidents at Work, Health and Safety — Written By Injuries Direct

The Health and Safety Executive (HSE) have launched a campaign to try and cut slip trip and fall accidents in the workplace.

‘Shattered Lives’ is the latest move to increase the knowledge and awareness of employers and workers who face risk of injury every single day when at work.

A dedicated website has been created which contains a vast amount of information and advice on how to avoid work accidents including, slipping, tripping and falling from height. It also includes posters and other resources for employers, including specially designed downloadable e-learning booklets STEP – Slips and Trips eLearning Package and WAIT – Work at height Access equipment Information Toolkit.

Industry specific information is covered on the site, highlighting the risks that face employees in a range of job roles. Industries include Education, Construction, Food Retail and Building and Plant Maintenance.

Over 10,000 employees suffered a major injury in a slip or trip accident in 2008/09, whilst 4,000 sustained injuries in a fall from height. Currently the cost of work accidents to society is £800million per year

For more information visit the Shattered Lives website.

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