July 14th, 2009
A welder who badly hurt his back while lifting equipment at work is to receive compensation.
Kevin Hartley, 63, was an employee at Network Rail Infrastructure in 2006 and had been a track welder for 34 years, the Sheffield Star reports.
That February, he attempted to lift a heavy piece of machinery and fell, slipping a disc in his back and causing damage to his sciatic nerve.
Mr Hartley tried to return to work after he had treatment for his injuries, but found it too painful and took early retirement soon afterwards.
He decided to take legal action against Network Rail for failing to protect his safety.
In a new development, it has been revealed that the company has agreed to a payout of £37,000, although a spokesperson said it would be inappropriate to comment on the individual circumstances.
"This compensation comes as a great relief as it will pay for the private healthcare I received on my back," said Mr Hartley.
According to the Health and Safety Executive, more than a third of all over-three-day injuries reported each year are caused by manual handling.
Tags: Circumstances, Early Retirement, Health And Safety, Health And Safety Executive, Kevin Hartley, Network Infrastructure, Private Healthcare, Rail Infrastructure, Sciatic Nerve, Sheffield Star, Spokesperson, Star Reports, Welder, Workplace Accident
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May 12th, 2009
A schoolboy who was dragged under a bus after a driver failed to stop is in line to receive compensation.
Luke Murtagh, now 15, was running for a bus in Thornton Heath, but the driver carried on. As Luke walked away, his trouser leg caught under the vehicle and he was dragged underneath, the Croydon Advertiser reports.
He suffered injuries to his leg, hip and spine and had to have plastic surgery afterwards.
This week, a judge at the high court ruled that Luke should receive compensation from Arriva, the operator of the bus, for the injuries he sustained and the amount is to be decided at a later date.
Damages seek to compensate victims for the non-monetary aspects of the specific harm suffered in an accident, usually termed "pain, suffering and loss of amenity", which can include physical pain and suffering, disfigurement and loss or impairment of mental or physical capacity.
It is not easily quantifiable and depends on the individual circumstances of the claimant. Judges in the UK base the award on damages awarded in similar previous cases.
Tags: Advertiser Reports, Bus Accident, Bus Driver, Circumstances, Claimant, Croydon Advertiser, Damages, Disfigurement, Monetary Aspects, Pain And Suffering, Plastic Surgery, Running, Schoolboy, Spine Surgery, Thornton Heath, Trouser Leg
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April 16th, 2009
A boy who sustained serious head and spinal injuries after being run over by his father has been awarded a compensation payout of more than £8 million.
Callum Cross, then aged two-and-a-half, was visiting a farm in Leighton Buzzard with his family in March 2002 when his father reversed over him in his car.
He suffered spinal and brain injuries that were described as "catastrophic" and will need constant care for the rest of his life.
Callum’s mother Julie Eriksson took legal action against Patrick Cross, whose insurers admitted liability at an early stage.
An interim payment of £1.7 million had already been made, but another settlement of £2.5 million plus yearly payments of £220,000 has now also been agreed to.
Mrs Justice Swift said: "While this order cannot possibly put him back to the circumstances in which he otherwise would have been, I hope it will play its part in enabling him to live to his full potential."
In road traffic accidents such as this, the insurer of the responsible party will be the organisation making the compensation payout should it be ruled that one is due.
Tags: 5 Million, 8m, Brain Injuries, Callum, Circumstances, Constant Care, Insurer, Interim Payment, Leighton Buzzard, Mother Julie, Patrick Cross, Responsible Party, Road Traffic Accidents, Spinal Injuries, Swift
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March 3rd, 2009
The partner of an airman who died when his plane crashed in Afghanistan is seeking compensation of up to £2 million from the Ministry of Defence (MoD).
According to the Scotsman, Laura Robson had moved in with Flight Lieutenant Steven Swarbrick in March 2006.
He was killed in September of the same year when the Nimrod he was travelling in crashed due to a technical failure near Kandahar.
However, Ms Robson was told that she will not receive compensation for her loss because the pair had not been in a "substantial relationship".
She has now launched legal action against the MoD in order to claim what she believes she deserves from his estate and war pension.
Her legal representative said that the MoD should pay out more to the families of deceased servicemen, since their UIS counterparts would receive millions under the same circumstances.
Last month, it was reported in the Derby Evening Telegraph that a woman is seeking damages of up to £300,000 after her husband Paul Jennings was killed in a car crash while working for the MoD.
Tags: Airman, Car Crash, Circumstances, Counterparts, Damages, Derby Evening Telegraph, Flight Lieutenant, Girlfriend, Kandahar, Legal Representative, Ministry Of Defence, Nimrod, Paul Jennings, Robson, Scotsman, Substantial Relationship, Swarbrick, Technical Failure, War Pension
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January 29th, 2009
The Health and Safety Executive (HSE) has reminded educational authorities of the importance of safety on school trips following an incident in which a child was seriously injured.
Tameside MBC and Clockwork Day Nursery had taken a class of children on a trip to a park in Ashton under Lyne.
However, during the course of the visit, a group of children had been left unsupervised and had wandered down to an uncovered water channel.
One of the children slipped and fell 24 metres into the channel, where he became impaled on debris in the water.
HSE inspector Catherine Willars said the nursery had not carried out a sufficient risk assessment before the outing and had not ensured proper supervision.
"This was a serious incident that could have easily been avoided had simple, sensible precautions been taken by the nursery and the council," she commented.
According to the Department for Education and Employment, teachers and other staff in charge of pupils also have a common law duty to act as any reasonably prudent parent would do in the same circumstances.
Those responsible for children under five should also ensure a staff to child ration of more than one for every six.
Tags: Ashton Under Lyne, Circumstances, Common Law, Day Nursery, Debris, Education, Educational Authorities, Health And Safety, Health And Safety Executive, Hse, Mbc, Proper Supervision, Pupils, Risk Assessment, School Health, School Trip, School Trips, Sensible Precautions, Water Channel
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