Warning to machine operators after pedestrian is killed

October 31st, 2008

Warning to machine operators after pedestrian is killed

The Health and Safety Executive (HSE) has told operators of vehicles and machinery that they must adhere to safety regulations after a pedestrian was killed in an accident.

Colin Clifford, 50, was driving an excavator outside a house in London in 2007, when he raised the buckets over the pavement.

Joseph Johnston, 81, was walking past when Mr Clifford pulled the wrong lever and the buckets fell onto the footpath, striking Mr Johnston.

He subsequently died from his injuries and Mr Clifford has been prosecuted under health and safety at work regulations.

The HSE ruled that Mr Clifford should not have lifted the bucket on the vehicle and that he should have ordered colleagues to close off the footpath.

HSE investigating inspector Lisa Chappell said: "This case shows the worst case of what can go wrong when operators cut corners."

Pedestrians are one of the most at risk groups from being seriously injured if they are involved in a collision with any vehicle, which is why they must be given right of way.

A compensation claim can be made for injuries if it can be proven that the driver of the vehicle was responsible for the collision.

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Dustbin man to claim damages for foot injury

October 31st, 2008

Dustbin man to claim damages for foot injury

A man who suffered a serious injury to his foot after a colleague reversed over it in a refuse van is to launch a claim for compensation.

Kevin Jobe, 48, was helping the driver, Arturas Jablonkis, to reverse, when he suddenly moved the vehicle back and turned its wheels, Recycling and Waste Management reports.

As a result, Mr Jobe’s foot was crushed against the kerb and he claims he may still have to have it amputated.

A claim has been launched against Veolia Environmental Services, with Mr Jobe alleging that the company failed to train staff properly and did not provide warning of the manoeuvre.

He hopes to claim £150,000 in compensation.

A spokesperson for Veolia Environmental Services said: "Our sympathies are with Mr Jobe for his continued recovery and we take the injuries he suffered extremely seriously. We are therefore working closely with our insurers as the matter continues to be thoroughly investigated.”

According to new statistics from the Health and Safety Executive, over 136,000 workers suffered injuries during 2007-08.

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Construction worker injury results in damages

October 30th, 2008

Construction worker injury results in damages

A construction company has paid damages to a former worker after he suffered injuries in a serious accident.

Bill Arthur, 63, was driving a vehicle in 2004 when it hit a pothole and threw him from his seat.

He suffered a dislocated elbow, wrist and shoulder, the Shields Gazette reports. As a result, he needed three operations and still suffers with pain four years later.

"Not only was I in a lot of pain and discomfort over a long period, but even now I can’t do everyday things and have to get a lot of help from my family and friends," Mr Arthur commented.

Clancy Docwra, a utilities and civil engineering firm, has now agreed to pay an undisclosed sum of compensation to Mr Arthur after it was ruled that the vehicle’s seatbelt was not working property and that the building site was unsafe.

According to the Health and Safety Executive, construction and agriculture have the highest rates of fatal injuries. In construction, there were 72 fatal incidents during 2007-08.



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Woman disabled by operation awarded compensation

October 30th, 2008

Woman disabled by operation awarded compensation

A woman from Lincolnshire who was left disabled after an operation has been awarded an unspecified sum of compensation.

Sandra Compton-Lock, 67, was having a routine operation in 2003 when she suffered a haemorrhage, the Boston Standard reports.

She suffered brain injuries when the condition was not treated by medics at Boston’s Pilgrim Hospital and was left needing round-the-clock care.

Michael Compton-Lock, her husband, launched a claim for compensation and judges have now granted this.

The United Lincolnshire Hospitals NHS Trust, which owns the hospital, agreed to a payout after admitting liability, which will allow Ms Compton-Lock, who had been living in a nursing home, to move home.

Mr Justice Jack said: "[Mr Compton-Lock] and his wife now know where they are financially and I hope that all goes as well as it can go."

Clinical negligence occurs when a professional in the health service provides care that is deemed to be below standard and this causes physical injury, death or distress.

Anyone who has suffered personal injury in England or Wales following a medical procedure or as a result of wrongful advice may be entitled to compensation and is advised to seek legal representation.



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£4.4m settlement for child left with cerebral palsy

October 30th, 2008

٢.4m settlement for child left with cerebral palsy

A boy who suffers from spastic cerebral palsy as a result of being starved of oxygen at birth has been awarded a compensation payout so that his family can afford his long term care.

Macauley Joyce’s mother Susan Joyce began suffering problems in her pregnancy at 26 weeks, when she developed pre-eclampsia, a condition that causes dangerously high blood pressure.

However, she was not admitted to hospital until a week later, when Macauley was delivered by caesarean section, Newbury Today reports.

The child was starved of oxygen and developed spastic cerebral palsy, which accounts for 80 per cent of cerebral palsy cases in the UK and results in tight muscle groups which limit movement.

Now, Dr Jonathan Hayward – whom the family say should have admitted Ms Joyce to hospital sooner – and the Royal Berkshire and Battle Hospitals NHS Trust have admitted liability and Macauley will now be paid compensation of £1.1 million in a lump sum, as well as yearly payments for the rest of his life.

"After many appointments, assessments and much determination, I feel I can now start to live a normal family life, knowing that Macauley is fully provided for," Ms Joyce said.
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