Claims Direct News Feed

Clamping company ordered to pay compensation

Fri, 24 May 2013 16:58:49 GMT

Midland Parking Contracts has been ordered to pay more than £120,000 in compensation after it targeted innocent drivers.

The boss of the Redditch firm has been told by judges at Worcester Crown Court he needs to either pay money to all of those affected by his crimes or spend two and a half more years in prison - on top of the six months he is already serving, according to the Birmingham Mail.

Police officers from West Mercia Police's Economic Crime Unit had launched an investigation into Midland Parking Contracts after multiple people complained about the company's conduct, with some claiming they were intimidated by clamping operatives.

Mark Bancroft, a financial investigator at the authority, said he hoped the ruling "sends a clear message to criminals that crime does not pay and we will do everything within our powers to prevent them benefiting from crime".

Management at the firm have six months to pay victims their compensation.

By Francesca Witney

24/05/2013 16:58

Injured man could claim compensation after roof collapse

Fri, 24 May 2013 11:41:35 GMT

A worker who was seriously injured after being hit by a collapsing roof could launch a compensation claim.

Stafford Magistrates' Court heard the man, who wishes to remain anonymous, was working on a building site when, out of nowhere, part of the classroom roof he was helping to demolish fell without any warning.

The labourer was seriously injured - sustaining fractured ribs, a broken shoulder, a broken nose, multiple shattered teeth and severe swelling to the head. Upon being hit by collapsing debris he was immediately knocked unconscious.

Two other workers were also trapped under the rubble, but were able to quickly free themselves and were uninjured.

A Health and Safety Executive (HSE) investigation launched into the incident concluded that extensive stripping of the walls by sub-contractor CMR Demolitions had significantly reduced the room's load-bearing capacity. This, along with strong winds, resulted in the partial-collapse.

Additionally, the demolitions company did not seek the opinion of a structural engineer during the work, meaning rotting timbers at the base of the building's frame were not spotted or addressed.

The poor quality of the structure's frame actually meant that the much simpler, safer method of mechanically pushing the building over could have been employed by CMR Demolitions.

Primary contractor Thomas Vale Construction admitted failings to magistrates after HSE inspectors found the company had failed to conduct a thorough risk assessment for the project.

The building firm also failed to check whether CMR Demolitions were qualified to carry out the job.

Thomas Vale Construction pleaded guilty to one health and safety breach and was fined £6,600 and ordered to pay £6,117 in costs. CMR Demolitions pleaded guilty to two violations and was ordered to pay the same amount in costs on top of a £9,900 penalty.

HSE inspector Andrew Bowker said: "CMR Demolitions made serious errors and the collapse occurred through a lack of planning and understanding of the structural stability of the classrooms.

"The company allowed their staff to work in extremely dangerous conditions. Had they employed a structural engineer this incident could have been avoided."

Posted by Chris Stevenson

24/05/2013 11:41

Removal worker who broke leg could launch legal claim

Thu, 23 May 2013 16:50:54 GMT

A removal worker who was employed by White & Co could launch a compensation claim after he broke his leg while working.

Ian Barnard, 28, was working as part of a three-man team - moving equipment from Bedford to Northampton for a motor spares company - when a steel fly press weighing 75 kg fell on him and broke his leg.

The man was in a plaster for three months after being treated in hospital and was made redundant by the firm shortly after the accident.

A subsequent Health and Safety Executive (HSE) investigation found Mr Barnard was not provided with adequate training to carry weights this heavy.

Additionally, White & Co had failed to properly assess risks that movers would face in their day-to-day routine.

The removals company was fined £10,000 and ordered to pay £3,524 in costs at Bedford Magistrates court after pleading guilty to two health and safety breaches.

HSE inspector Karl Howes said: "Manual handling is everyday practice in the removals industry. Employees should have sufficient manual handling training and there should be appropriate health and safety management arrangements in place."

Posted by Francesca Witney

23/05/2013 16:50

Joinery firm could face compensation claim after workplace injury

Thu, 23 May 2013 13:24:16 GMT

K & D Joinery in Dagenham could face a compensation claim after a workplace accident.

A 39-year-old man, who was injured was employed as a wood machinist by the company when the accident happened on November 19th 2010 at the company's London factory.

Westminster Magistrates Court heard the worker was edging a rectangular piece of timber using a cutting machine, and was pushing the wood towards the saw when his middle, ring and index fingers touched the fast-moving blades.

The unnamed worker suffered severe injuries to his hand and had his middle finger amputated by doctors at the hospital he was rushed to following the accident.

After the incident, the Health and Safety Executive (HSE) launched an investigation and found the injured employee had not been able to move a guard that was meant to cover the cutting block - as it was defective for several months.

Inspectors told the court that K & D Joinery had failed to ensure the cutting block was effectively guarded and showed a lack of care for its workers.

The joinery firm was fined a total of £6,000 and ordered to pay £4,500 in costs after it admitted breaching the Provision and Use of Work Equipment Regulations 1998.

Judges also ordered the company to pay the worker £3,000 in compensation - although the man may still launch a civil claim against his employer.

HSE inspector Tajir Mortuza said: "The fact that the company was aware of the safety issues of the machine for many months before the incident, but continued to expose its employees to the risks involved in using the machine only adds gravity to the offence.

"The woodworking industry has one of the highest incident rates in manufacturing ... this worker's painful injury could have been avoided."

Any worker who sees a malfunctioning safeguard on a woodworking machine should immediately make their company aware of the situation as it is obliged to fix the problem in order to protect its employees.

Posted by Chris Stevenson

23/05/2013 13:24

Female police officer wins compensation after discrimination

Wed, 22 May 2013 17:00:18 GMT

An unnamed female police officer who was subjected to a tirade of abuse and humiliation by colleagues has won a compensation claim.

The police officer said the abuse was wide-ranging and ruined her career, affected her home life and left her unable to sleep.

A tribunal heard the woman suffered abuse and humiliation during her time in an otherwise all-male firearms unit at North Yorkshire police, with one recruiter asking her if she wanted a pink gun because of her gender.

In another incident the police officer was instructed to follow a police dog, which was sniffing bait hidden behind a cabinet. The woman was then asked by an instructor to open the cabinet, which was full of pornography.

Additionally, she was told the team would never have another woman because if they hired another, they would always go to the toilet together.

When the officer went to her supervisors to complain about the regular abuse she faced, they shrugged it off as banter and "sided with the lads", according to her lawyer.

The lack of action taken by the force's management left her feeling isolated and vulnerable, the tribunal heard.

Her lawyer said: "These were very high ranking police officers whose job it was to protect their staff but in this instance failed in their duty, adding insult to injury and rubbing salt in the wounds.

"He [the supervisor] had provided not only assurances but reassurances to the victim that he would investigate, yet nothing was done."

Judges at the tribunal determined she was regularly and systematically abused by her colleagues and awarded her £20,000 for emotional damage.

The woman also alleged she was removed from the firearms unit because of her gender, but judges said there was not enough evidence to back up this assertion and ruled against her claim.

North Yorkshire Police say it accepts the findings and admits not enough was done to protect the officer when she asked for help.

Posted by Chris Stevenson

22/05/2013 17:00

Jockey receives compensation after fall

Wed, 22 May 2013 16:00:29 GMT

A jockey who suffered a shattered hip and serious head injuries when his horse fell during a race in 2006 has received compensation.

Philip Hide, 39, a successful jockey with over 400 wins to his name, fell off his horse Hatch a Plan during the Letheby and Christopher Novice Handicap Hurdle at Prestbury Park in November 2006.

Mr Hide, who is now a trainer at Cissbury Stables, had to be put in a medically induced coma after the incident so that doctors could rebuild his left hip, which had been almost completely shattered after he hit a railing on his way down to the ground in his fall.

The ex-jockey, who retired after a brief comeback left him needing more reconstructive surgery, was told by doctors that he would probably require multiple hip replacements in his life because of the seriousness of the initial incident.

Mr Hide sued Jockey Club Racecourses after the accident but, after the original case was dismissed, appeal court judges have now reversed the earlier decision and awarded the trainer £58,000 to cover lost earnings as well as physical and mental anguish.

Investigators found there was not enough padding on the railings to prevent a serious accident.

A lawyer representing Mr Hide, said: "Quite simply, this accident was manifestly foreseeable."

"If you are travelling at that sort of speed - 25 or 30 mph - you are going to get injured. There was no need for this hurdle to be where it was."

The racecourse's spokesman Andy Clifton said: "We are disappointed with the judgement. We will be discussing the implications of the ruling with our legal team."

Mr Clifton went on to call the way in which Mr Hide fell "bizarre", with few other cases such as this available on record at the course in more than 20 years.

It is thought the overturning of the earlier ruling means that many other jockeys who were hurt in similar accidents could now be able to claim compensation.

Posted by Francesca Witney

22/05/2013 16:00

Durham man to launch civil claim after warehouse accident?

Tue, 21 May 2013 13:30:00 GMT

A Durham man could launch a compensation claim after he was involved in an accident at work that resulted in one of his arms having to be amputated.

John Wyatt was employed by Tynedale Roadstone at the time of the incident in 2009. He had been carrying out an inspection of a conveyor area at premises in Newcastle when he fell and got caught up in the snub pulley roller and conveyor belt.

Because of the damage sustained to his right arm, it had to be amputated at the shoulder, while he also had to undergo spinal surgery and suffered some other life-changing injuries.

Following an investigation by the Health and Safety EXecutive (HSE), it was discovered no suitable risk assessments had been carried out, the safe systems of work were inadequate, there was a lack of information and instruction for employees and safety locks had been disabled.

Tynedale Roadstone was fined £8,000 and ordered to pay nearly £19,000 in costs after pleading guilty to breaching Section 2 (1) of the Health and Safety at Work etc Act 1974.

Speaking after the hearing had been concluded, HSE inspector Sal Brecken said the accident was "easily preventable" and so Mr Wyatt's horrific injuries "should not and need not have happened".

These kinds of activities are recognised as high risk within the industry and so proper procedures should have been put in place before any inspections were arranged to protect the safety of employees.

"Safety devices are installed on machinery with dangerous moving parts to protect those who work with them. Companies have a legal duty of care to ensure they are properly fitted and working effectively at all times," Mr Brecken stated.

Now the HSE investigation has been completed, Mr Wyatt may want to launch legal action in an effort to get compensated for the injuries he suffered while carrying out his duties.

Posted by Francesca Witney

21/05/2013 13:30

Pothole compensation claims rise by 300% in Liverpool

Tue, 21 May 2013 11:36:33 GMT

Compensation claims as a result of damage caused to cars by potholes in Liverpool have increased by 300 per cent in the last four years.

The data has been obtained by the Liverpool Echo under the Freedom of Information Act and shows that in 2009 there were 56 reports of vehicles needing repairs becuase of potholes.

However, this figure rose to just below 250 in 2012, demonstrating how the problem is getting worse. This, in part, could be due to successive poor winters experienced in the UK, which have put the roads under extreme pressure.

It also comes at a time when council budgets are being slashed because of the financial climate, meaning there is less funding available.

Councillor Pat Moloney, the Liberal Democrat spokesman on transport on Liverpool City Council, has been critical of the system currently in place, as he thinks it makes it difficult for drivers to get access to the compensation they are entitled to.

Under the current rules, the council has a defence against a claim if it can prove that a road had been inspected within a certain time limit before the incident took place - this can vary in length from one month to a year.

Cabinet member for transport councillor Tim Moore told the paper: "Although there has been an increase in the number of claims in the last few years, the level of claims is extremely small compared to the situation before the current inspection system was in operation."

The local authority finds itself is a tricky situation, as up to £400 million in investment is needed to bring the road infrastructure in Liverpool up to standard. However, if the council continues to give out compensation to motorists, it will not be able to afford to cover the cost of the improvement work.

Cllr Moore added despite the stark situation they are facing, the council is determined to resurface major routes.

Posted by Chris Stevenson

21/05/2013 11:36

Firm could face civil action from injured worker after HSE fine

Mon, 20 May 2013 13:21:18 GMT

A submarine maintenance company that was fined by the Health and Safety Executive (HSE) could face legal action from an employee injured in a workplace accident.

The 19-year-old employee, who wishes to remain anonymous, was working for Thales Underwater Systems at the Devonport Dockyard in Plymouth on April 22nd 2012 when the incident occurred.

He was working on the exterior of a grounded submarine when he slipped on a wet floor. As he put his hands out to attempt to break his fall, his gloved hands were drawn into the rotating bar of a drum roller used to mix and dispense chemicals.

The young worker broke multiple bones in his hand and was hospitalised for three days following emergency treatment that required the insertion of multiple plates to realign his bones.

An investigation launched by HSE subsequently found that the metal guard had been removed from the machine that the man's hand fell into - a regular practice at the firm, used to allow the drum to be rolled with a valve already inserted.

Investigators concluded Thales Underwater Systems did not conduct any risk assessments in relation to the operation of the machine.

Additionally, the company failed to restrict access to dangerous parts of machinery by routinely allowing workers to remove safety guards without being disciplined.

A judge at Plymouth Crown Court fined Thales Underwater Systems £50,000 and ordered the firm to pay £15,236 in legal costs after it pleaded guilty to multiple health and safety regulation breaches.

HSE inspector Georgina Speake said: "Thales Underwater Systems clearly failed to ensure the safety of its employees, with painful consequences for the injured worker.

"The law clearly states that employers should take all reasonably practicable steps to protect employees from harm arising from their work. In the case of machinery, moving parts that could cause injury should be guarded or made safe so that people cannot come into contact with them."

Posted by Francesca Witney

20/05/2013 13:21

Jamie Oliver Italian restaurant hit by compensation claim

Fri, 17 May 2013 14:01:07 GMT

An Italian restaurant chain owned by celebrity chef Jamie Oliver has been fined after serving wheat pasta to a coeliac.

Kristy Richardson, 38, cannot digest gluten, even in small quantities because of her condition - with ingestion resulting in a violent allergic reaction.

A court in Portsmouth heard that Ms Richardson visited the restaurant for a wedding anniversary lunch with her husband and made it very clear to the waiting staff on three occasions she needed gluten-free tagliatelle but was instead served regular wheat pasta.

Ms Richardson told the court upon arriving home she was violently sick for around five hours - something made even more serious by the fact she is on the transplant list for a heart and lung transplant for an unrelated condition.

Jamie's Italian Restaurant in Portsmouth was fined £8,000 for breaching food safety laws and ordered to pay £9,212 in costs.

The chain subsequently apologised to Ms Richardson.

Posted by Francesca Witney

17/05/2013 14:01