Archive for May, 2011

185,000 Pounds Work Claims Compensation after Fall from Height Accident

Posted on: May 27th, 2011

An unnamed man from Somerset has secured 185,000 pounds in an out-of-court work claims compensation settlement after shattering his ankle in a fall from height.

The unnamed man (aged 55) was working on the refurbishment of the Burnham-On-Sea Asda store when he fell through some plasterboard which had been placed between two industrial fridges.

The man fell over six feet to the ground and landed awkwardly on his left ankle, causing it to break in five places. He needed three operations to insert screws into the damaged bones and spent ten months on crutches.

When he was able to go back to work, after a recovery which lasted eighteen months, he found he was unable to perform the tasks he had been able to do previously, and was made redundant in 2009.

After taking legal advice, the man sued his employers for causing his injury through negligence, and has agreed a compensation settlement of 185,000 pounds with his ex-employer´s insurers.

Discrimination Work Claims Action against Laura Ashley Settled

Posted on: May 27th, 2011

An ex-employee of Laura Ashley has won 9,520 pounds in a discrimination work claims action, after a Northern Ireland employment tribunal found the company guilty of indirect discrimination.

The former employee – who has not been named – was the primary carer of a child with an attention disorder and had worked at the store for five years. While working at Laura Ashley, she had an arrangement whereby she was allowed time to collect her child from school.

However, when a new roster system was implemented, this arrangement was cancelled and the ex-employee was told that unless she accepted the new rota system she would be out of a job. The company was able to offer her an alternative position with less hours, but this was considered to be unacceptable.

As a result of the roster changes, the ex-employee took a total of four months off work suffering from stress and, at the tribunal it was agreed that the company’s new rota disproportionately affected female employees in comparison to male employees.

The tribunal awarded the ex-employee 6,000 pounds for injury to feelings, 880 pounds for loss of income and 2,640 for future losses.

Horse Riding Injury Claims Action Sees Sixty Thousand Pounds Compensation Award

Posted on: May 26th, 2011

A West Midlands horse rider, who broke her neck after falling from a horse during a horse-riding lesson, has been awarded sixty thousands pounds in an out of court horse ridign injury claims action.

Maxine Wright from Stoke on Trent, was taking horse riding lessons with her husband at the Whitmore Riding School, Newcastle-under-Lyme, when the horse on which she was riding, Marmite, did not clear a jump.

Among her injuries, Maxine had broken two vertebrae at the top of her spine – requiring her to be hospitalised for two weeks and taking the next four months off from work.

After an investigation into the incident, Maxine made a claim for personal injury compensation when it was discovered that the barrels which made up the jump had not been weighed down properly. It was discovered that these had moved forward on impact and had caused the horse to fall.

Insurers of the horse riding school concurred that the school had demonstrated a lack of awareness in regards to the potential risk, and negotiated a compensation settlement of sixty thousand pounds to compensate Maxine for her pain and suffering.

Highest Whiplash Payout in UK

Posted on: May 21st, 2011

The highest payout for whiplash is in the UK compensation claims James Dalton – Assistant Director of Motor and Liability for the Association of British Insurers.

Addressing the audience in Leeds at the 2011 Whiplash Conference, Mr. Dalton stated that three-quarters of personal injury claims in the UK are for whiplash injury, and insurers are paying out nearly two billion pounds each year for whiplash claims.

According to statistics revealed by the Association of British Insurers, approximately 1,200 claims for whiplash injury compensation are made every day in the UK – six times more than the compensation claims received in a year from people claiming workplace injury compensation.

The Association of British Insurers estimate that the total of whiplash compensation claims adds an average of 74.00 pounds to British motorist’s insurance premiums and, in his speech, Mr. Dalton called on the government to quickly implement their proposals on civil justice reform.

The changes, claimed Mr. Dalton, would ensure that genuine claimants received fair compensation and access to rehabilitation services more quickly, while the potential for fraudulent claims would be decreased.

Passenger in Car Accident Awarded £4m Compensation

Posted on: May 8th, 2011

One of the highest compensation settlements for passenger in a car accident was handed out when Ms Caroline Bogue was awarded £4m at the High Court.

Ms Bogue, was awarded a settlement of over £4 million in a High Court settlement after an uninsured vehicle in which she was travelling as a passenger crashed into a tree, resulting in severe injuries. Caroline Bogue suffered brain damage and will require everyday assistance for the rest of her life.

The incident occured on May 1st, 2003, when Caroline Bogue was 17 years of age.

The passenger in car accident compensation action was taken against the car driver Declan Brogue, the car ower Ciaran Bogue, and the Motor Insurance Bureau of Ireland. Liability was denied in the case on the grounds that Caroline Bogue was aware that car was uninsured and was allegedly taken without the permission of the owner. The compensation settlement was made without any party admitting liability.

Mr Justice John Quirke said that the case emphasised the need for an alternative system of staged payments in personal injuries cases.

1 Million Pounds Heart Surgery Medical Negligence Compensation

Posted on: May 7th, 2011

Two teenagers, who claimed to have suffered disability following heart surgery at the Bristol Royal Infirmary when they were children, have each had heart surgery medical negligence compensation awards of 500,000 pounds approved in the High Court.

The teenagers – Kristian Dixon (19) and Jessica Johnson (18) – were both infants when undergoing heart surgery at the hospital in 1992 and 1993 respectively.  Mr Dixon alleged that brain damage sustained when he was sixteen months caused cognitive and learning difficulties, while Ms Johnson has required permanent care ever since her heart surgery.

It was claimed at the High Court in London that both had sustained extensive brain damage due to professional misconduct by Surgeon Mr James Wisheart and hospital manager Dr John Roylance – who were struck off following a review into the deaths of 29 babies at the hospital between 1988 and 1995 – and Dr Janardan Dhasmana, who was barred from performing heart surgery at a disciplinary hearing in 1999.

In approving the awards, which were agreed by United Bristol Healthcare NHS Trust without admission of liability, Mr Justice Owen commended the families of both teenagers for the devoted care they had given over the years.

Policeman Awarded 12,000 Pounds Work Claims Award

Posted on: May 5th, 2011

A West Midlands policeman, who was hurt in the process of apprehending a criminal, has been awarded 12,000 pounds by a Birmingham Employment Tribunal.

Richard Gardner, aged 50, from Birmingham, West Midlands, was struggling to arrest a suspect at the city’s Broad Street Station, when he crashed to the ground – damaging his knee and back. Despite several operations and a time away from the police force, he was unable to continue with his duties on his return, and was laid off.

After taking legal advice, Mr Gardner sued the West Midlands Police Force for failing to provide back-up when called for during the arrest and for not making adjustments for his injuries after his return to work.

The police argued the compensation claim but, at the Birmingham Employment Tribunal, Mr Gardner was awarded 12,000 pounds in personal injury compensation and a further 93 pounds for interest dating back to 2008.

Issues over future loss of income and lost pension contributions will be decided when the tribunal reconvenes in August.