October 24th, 2008
A worker who fell from a vehicle in what was described as a ‘freak accident’ has had the compensation he was originally entitled to increased.
Christopher Ellis, 40, was driving a heavy plant vehicle for the Environment Agency in June 1998 when a gust of wind blew open its door and he fell out, reports the Argus.
He suffered serious injuries and was forced to give up his job in March 2001 after finding that he was unable to cope.
Mr Ellis was awarded £290,000 compensation in 2001 when judges decided he had not been responsible for the incident.
In a new development, Mr Ellis has now had this figure upped to £322,628 after judges at the court of appeal decided the original amount was too low.
Andrew Pearce, the Environment Agency’s East Sussex area manager, commented: "We have made many improvements since this incident and have taken measures to ensure our workforce is protected and a similar accident is avoided."
Employers are legally required to have Employers Liability Insurance in case of an accident.
If a compensation claim is made, it is the company’s insurers who would pay, including for loss of earnings as a result of the accident.
Tags: Andrew Pearce, Argus, Compensation Claim, Court Of Appeal, East Sussex Area, Employers Liability Insurance, Environment Agency, Freak Accident, Gust Of Wind, Improvements, Insurance, Job, Loss Of Earnings, Measures, Sussex, Workforce
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October 23rd, 2008
A man who was hit by a bus in 2004 has won the right to claim compensation for his injuries after an appeal.
Scott Mortimer, 61, suffered head injuries after being hit by a bus driven by Trevor Greenwood, 29.
He was left with permanent mood swing and memory loss and now needs his father Stephen to manage his affairs.
It was ruled earlier in 2008 that Mr Mortimer was 70 per cent at fault for the incident because he stepped into the road without looking, but that Mr Greenwood was also driving too fast and not looking out for pedestrians.
This week, at London’s court of appeal, that ruling was overturned and Mr Mortimer will now receive a sum of compensation from Arriva, the bus company, to be decided at a later date.
Pedestrians are one of the most at risk groups from being seriously injured if they are involved in a road traffic collision, which is why pedestrians must be given right of way by motorists.
A compensation claim can be made for injuries if it can be proven that the driver of the vehicle was responsible for the collision.
Tags: Bus Company, Compensation Claim, Court Of Appeal, Driven, Head Injuries, London, Memory Loss, Mood Swing, Motorists, Mr Mortimer, Pedestrians, Risk Groups, Road Traffic, Traffic Collision, Wins
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October 17th, 2008
A councillor from Essex has been awarded compensation after she slipped on a wet floor in an airport.
Tina Knight, 66, was at the baggage claim area at Stansted Airport when she slipped on a pool of water.
She fractured a toe, as well as hurting her knee, hip and thumb.
Ms Knight took Rentokil Initial Facilities Services, the cleaning company she held responsible for the fall, to court.
At London’s court of appeal this week, the judge agreed that Rentokil was "primarily liable" and that they had not cleaned the floor to sufficient standards.
Commenting on her injuries, Ms Knight said: "I love to wear high-heeled shoes. I have about 200 pairs of shoes, but I can no longer wear them."
The amount of compensation Ms Knight will receive has not been specified.
Every business or individual who occupies land or buildings has a duty of care to provide for the safety of visitors. Therefore if anyone is injured after a slip, trip or fall because of the negligence of the occupier, they may be eligible to make a no win, no fee compensation claim.
Tags: Baggage Claim Area, Cleaning Company, Court Of Appeal, Damages, Duty Of Care, Essex, High Heeled Shoes, London, Negligence, No Win No Fee Compensation Claim, Occupier, Pairs, Pool, Stansted Airport, Thumb, Tina Knight, Wet Floor
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