Company receive £100,000 fine following employee workplace accident death

Category: Accidents at Work, Health and Safety — Written By Sean — March 31, 2010

A North-East company have been given a £100,000 health and safety fine following the death of one of their employees.

Maintenance engineer Jens Hinrichs suffered a crushed skull and fractured pelvis after he fell into a shuttle container at the Hydro Aluminium Extrustion (HAE) factory near Chester-le-Street.

Despite efforts to revive him after the incident in November 2006, he was later confirmed dead on his arrival to hospital.

Mr Hinrichs, a German national who was described as a popular and talented engineer, was carrying out maintenance checks in a shuttle line which was used to transport finished products from packing stations to a banding machine.

However, the line was activated by another worker, which caused him to fall into the shuttle car, causing his fatal injuries.

Following the workplace accident HAE admitted to breaches of Health and Safety regulations by failing to ensure the safety of an employee.

Sam Morgan, prosecuting the firm, said that the company should have taken measures to restrict employee’s access to the shuttle line.

He added: “This was avoidable, and reasonably practical steps could have been taken. The risk assessment taken previously was inadequate. None of the steps that should have been taken were complex, expensive or difficult to implement.

“If they were taken before November 2, 2006, they may well have saved the life of Jens Hinrichs.”

A HAE spokesperson said that health and safety was something that was taken very seriously at the company, and that it had taken immediate steps to improve its practices.

Landlord pays £100,000 personal injury compensation to girl for crushing her feet

Category: Health and Safety, Personal Injury — Written By Andy E

A landlord was ordered to pay £100,000 in personal injury compensation to a woman who’s feet he crushed, it has been revealed.

The Norwich Evening News told how Michael Billings paid out almost a decade after the incident which changed the life of Emma Green, who was only nine-years-old at the time.

Miss Green, now 21, decided to speak out about Mr Billings following his conviction for recent health and safety breaches. He was found to have put tenants at risk after a fire destroyed four terraced houses. One woman suffered severe injuries including 80% burns, and was given just a 1% survival rate by doctors.

Recalling her incident in 1998, Miss Green told of how Mr Billings had invited her and a friend to ride in the bucket of a digger that was outside one of his Norfolk properties. He was not trained to operate the machine and ended up driving over her feet.

She said: “My memories aren’t that clear but my feet were trapped until a workman rushed over and took control of the machine. I had to undergo a series of operations to repair my feet and even now I struggle to walk long distances and experience pain.”

Of the £100,000 settlement, which she was awarded in 2007, she said: “The money he has had to pay me is very important as it will pay for any medical care I need in the future.”

Mr Billings’ recent conviction is the second time that he has been prosecuted for health and safety breaches. In 1998 he was fined £6000 after the HSE found gas appliances including pipes, cookers and boilers in desperate need of repair.

Miss Green’s solicitor believes that there may be more past or current tenants that could be entitled to make a compensation claim against Mr Billings. He said: “I believe it is in the public interest to inform any prospective and current tenants of the history of irresponsible behaviour of this man.”

Woman injured in road accident to make claim for compensation

Category: Road Traffic Accident — Written By Steve — March 30, 2010

A woman who suffered a number of major injuries in a road traffic accident is preparing to make a claim for compensation.

Ann Catrin Evans, 42, narrowly escaped with her life after ‘nearly every bone in her body’ was broken in the collision with 19-year-old Owain Llyr Ogwen Jones.

Ms Evans spent several months in hospital, undergoing 11 operations and still requires more surgery to help her walk again.

Her five-year-old son Joseph escaped with just minor injuries including bruising and two black eyes.

Mr Jones pleaded guilty to careless driving and was ordered to pay a £100 fine and £165 court costs. He was also given six penalty points – meaning as a driver with just one years experience that he loses his licence immediately.

Both drivers originally claimed that the other was on the wrong side of the A4080 road in Anglesey, Wales when the accident happened in January 2009. A police investigation later found that the defendant’s car had in fact veered onto Ms Evans’ side of the road. When this evidence came to light, Mr Jones admitted responsibility and issued an apology to the victim in a bid to have any potential sentence reduced.

The compensation claim solicitors acting for Mr Jones said: “There were road works on his side of the road and he somehow clipped the verge and the car drifted across the road. There was no question of excess speed or of any bad driving.

“This is a young man of previous good character who has been driving for just over a year when the accident happened and realises his licence will be revoked.”

Family of cancer death mother awarded £350,000 accident compensation

Category: Medical Negligence — Written By Sean

The family of a mother who died from cancer has been awarded £350,000 in accident compensation.

The Princess of Wales Hospital were found to have acted negligently after telling student Lavinia Bletchly, 23, that she was ‘imagining’ she was ill before she died of cancer.

Miss Bletchly became ill shortly after the birth of her second child in May 2004. She was examined on numerous occasions over the next eight months but the tests ruled out gynaecological problems. However, she continued to complain of pains in her abdomen and pelvis.

A pelvic ultrasound in February 2005 revealed a cyst and fluid was found above her liver when she was operated on. On regular checks over the next three weeks Miss Bletchly was told by a senior consultant that there was no medical reason for the pain she was suffering and that she should instead seeks the help of a psychiatric doctor.

However, on the 7th March 2005 a CT scan revealed an extensive malignant tumour which had spread from her bowel to her stomach. She died just two weeks later.

Despite the Abertawe Bro Morgannwg (ABM) University Health Board admitting to liability for the medical negligence incident, an internal inquiry found no evidence of ‘gross failings’ by any of their staff.

The majority of the compensation settlement will go to Miss Bletchly’s daughters for the loss of dependency, and this will be confirmed by the High Court in Cardiff in a future hearing.

Hospitals to publish medical error numbers under new laws

Category: Medical Negligence — Written By Andy L — March 29, 2010

Hospitals will be required to publish the numbers of medical errors that happen on their wards under new laws.

The changes come following claims that NHS institutions are regularly covering up how many patients are harmed during medical procedures.

Department of Health statistics show that approximately 500,000 patients a year suffer from mistakes during operations performed in NHS Hospitals.

Of this half million, only 30,000 currently make complaints, with around 6,000 making claims for compensation for their injuries.

As of April 1st, 381 NHS Trusts will be required to register with health watchdog the Care Quality Commission. They must be able to demonstrate standards of quality and safety, whilst anonymously reporting mistakes to a central data base.

However, critics argue that the move is not far enough, as doctors will not be required to share this information with the families directly affected.

The NHS paid out £870million last year in compensation to victims of clinical negligence.

Cornish teenager dies in accident at work

Category: Accidents at Work — Written By Andy E

A teenage boy from Cornwall has died in a tragic accident at work.

Jordan Orriss, 16, drowned after he was trapped inside a tractor which had fallen into a slurry pit.

Jordan, who was working at Treginegar Farm near Padstow, was pushing an item towards the slurry pit when the vehicle toppled into the filth, police have confirmed.

Despite the quick arrival of the South West Ambulance Service and Cornwall Air Ambulance – which was on the scene within eight minutes of a call coming in, he was pronounced dead at the scene yesterday morning.

The police are now said to be investigating the cause of the death with the Health and Safety Executive. So far the incident is being treated as ‘a tragic accident’.

Toyota to face 200 compensation claims at one trial hearing

Category: Public Liability, Road Traffic Accident — Written By Steve

Japanese car manufacturer Toyota may face 200 compensation claims in one court case hearing.

The company will go up against hundreds of people claiming for personal injury, after it was found that there were problems with many of their cars’ accelerator pedals.

Eight million of Toyota’s vehicles have bee recalled across the world. It was previously thought that floor mats were causing accelerator pedals to become stuck underneath them.

Despite the recall, many are now blaming previous accidents on the problematic accelerator pedals and are demanding compensation for damages.

The company’s Prius model, one of the first hybrids of its kind, was also recalled in large numbers after problems with the brakes were found to be affecting the car’s performance.

A hearing is expected in Los Angeles; the location on the US headquarters of Toyota. The exact location will be decided in the next two weeks.

Experts predict that the case could cost Toyota billions of dollars.

Man wins £11.5million record car accident compensation payout

Category: Road Traffic Accident — Written By Sean — March 26, 2010

A man from the West Midlands has been awarded a £11.5million car accident compensation payout.

The amount is believed to be the highest ever personal injury settlement ever in UK history.

Wassin Mohammed from Walsall was left paralysed following a catastrophic car accident in 2006. He now has little function in his arms and none in his legs, and requires two carers to help him with his daily activities.

He was travelling in the passenger seat of a car being driven by a friend over the legal speed limit. The driver made an attempt to overtake a vehicle in front, but ended up ploughing into a wall as it suddenly made a right turn in front of them.

The compensation will be divided into a £4.25million lump sum, as well as £235,000 annual payments to pay for Mr Mohammed’s future care.

His solicitor declared how part of the settlement will go towards building a purpose built house opposite the home of his parents.

He said: “He comes from a traditional Pakistani family where part of the culture is that the eldest son remains in the family home to look after his parents in old age. That is now impossible given the extent of his injuries and his care needs, so this allows him to do the next best thing.”

Girl disabled from attack at birth wins £6.5million compensation claim

Category: Criminal Injury — Written By Sean

A 20-year-old woman who was left disabled after being shaken as a baby has won a £6.5million compensation claim.

The amount is believed to be a record payout for damages caused to a baby from a criminal act.

The compensation was awarded to the girl’s adoptive parents. The couple took the child in to their home following the attacks on her by her natural mother and have cared for her since a very young age.

It’s believed that the victim’s injuries, which include brain damage, partial blindness, limited mobility and challenging behaviour, are so serious that she is completely unable to work and relies on full-time care.

The £6.5million includes a £257,000 payout for her injuries, along with £4million for her continued care.

Her adopted father only survived for two weeks after the hearing, after he had fallen ill with advanced lung cancer, was said to be desperate to discover the outcome of the hearing before he passed away.

A representative from the girl’s compensation claim solicitors said: “We had a constant battle with the authority to get a final hearing. For a long time the authority argued the victim did not need much money for care costs, as they would be paid for by the NHS and the local authority.

“Late in the day it conceded she should not have to rely on that for the rest of her life. She has so many challenging needs, and this decision will now enable the family to buy specialist care.”

Teacher knocked down by pupil refused work accident compensation claim

Category: Accidents at Work — Written By Andy E — March 25, 2010

A teacher who was knocked over by a ‘disruptive’ school pupil has had his work accident compensation claim refused by a County Court.

Michael Cleary, 63, was forced to take a year off work with a bad shoulder and hence put forward a claim for £91,000 in damages and lost earnings to East Sussex County Council.

Mr Cleary argued that the council had been negligent in its duty to protect him as they had failed to inform him that the pupil was disruptive.

Although he later dropped his claim to £20,000, his failure to win the injury compensation means he may be liable to paying the council’s £15,500 legal costs.

Judge Linda Nightingale, sitting on the case at Hastings County Court deemed the incident to be an ‘unfortunate accident’, adding: “I can not be satisfied that the county council could have foreseen that this could have occurred. For these reasons, the case is dismissed.”

The council also accused Mr Cleary of breaking health and safety regulations. He had tried to stop the boy chasing another pupil, something which the school’s ‘non-intervention’ policy banned teachers from doing.

A council spokesperson said: “His actions were very dangerous; he put himself in harm’s way. It appears to be a situation where the pupils were at play and there was a lack of teacher control to get the pupils to calm down and act appropriately. Neither pupil was damaging property nor causing harm to themselves or others.”

Mr Cleary was also refused the right to appeal the decision.

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