February 26th, 2009
The family of a man who was crushed to death in a workplace accident in 2006 have been paid compensation for their loss.
Jose Maria Martos Fernandez was working as a fisherman at a harbour in Lochinver, Scotland, when the accident occurred, the Aberdeen Press and Journal reports.
The men were unloading boxes of fish using a winch when a wire rope snapped. Mr Fernandez was hit on the head and shoulders by the cargo and he died at the scene.
After an investigation into the incident, it was concluded that regular checks on the state of the rope, which had become corroded, would have revealed that it was unsuitable and the death could have been avoided.
Lagun Talde, the company which owned the boat, was prosecuted under health and safety regulations and was ordered to pay £50,000 in compensation to Mr Fernandez’s family.
According to the Health and Safety Executive, 229 workers were killed at work in 2007-08.
Tags: Aberdeen Press And Journal, Boxes, Checks, Family Health, Family Man, Fish, Fisherman, Head And Shoulders, Health And Safety, Health And Safety Executive, Jose Maria, Lochinver, Martos, Safety Regulations, Scotland, Winch, Wire Rope, Workplace Accident
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November 20th, 2008
Compensation has been awarded to the family of a man who died after he was hit by a car.
Tony Gate, a highways worker, was struck by a vehicle being driven by 28-year-old Julie Verrall in 2003 as he put out roadworks signs, Hartlepool Today attests.
Although he survived the crash, he was left with serious brain damage and spent three years in a vegetative state in a nursing home before dying from pneumonia in 2006.
No criminal charges were brought against the driver, but Mr Gate’s family took legal action against her insurers.
They have now agreed to take some responsibility for the incident and have agreed on an undisclosed sum of compensation in an out of court settlement.
Linda Hughes, Mr Gate’s sister, said she was pleased with the new development.
"Tony was never able to tell us what happened on that day and now we feel the final piece of the puzzle has been found," she commented.
According to the Department for Transport, 2,943 people were killed on Britain’s roads in 2007.
Tags: Accident Compensation, Accident Victim, Brain Damage, Car Accident, Court Settlement, Crash, Criminal Charges, Family Car, Family Man, Linda Hughes, Nursing Home, Piece Of The Puzzle, Pneumonia, Signs, Spent Three, Undisclosed Sum, Vegetative State, Victim Compensation
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October 14th, 2008
The family of a man who died after falling from a JCB are to pursue a claim for damages against the farm they hold responsible.
Anthony Cripps, 57, died when he was crushed to death after falling from the bucket of the vehicle on Daylesford Organic Farm in June 2007.
An inquest heard the JCB was being driven by a worker who had had no formal training, although he has been cleared of any wrongdoing.
The family’s legal team say the accident should have and could have been prevented had the appropriate training and risk management been carried out.
A spokesperson for the farm said it would be inappropriate to comment while the case goes through the appropriate legal channels.
There are hundreds of farm work-related deaths a years and thousands of injuries for individuals working in farm fields.
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: Compensation Claim, Cripps, Damages, Deaths, Employers Liability Insurance, Family Man, Gardener, Inquest, Insurance, Jcb, Legal Channels, Loss Of Earnings, Organic Farm, Risk Management, Spokesperson, Wrongdoing
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September 29th, 2008
The family of a man who died from asbestos exposure have won a compensation battle with his former employers.
Robert Earl, 64, contracted mesothelioma and died in 2005 after having worked as a mechanic in 1969.
His family argued that he had been exposed to asbestos within brake linings and that the company had not provided protective clothing or breathing apparatus, reports the News and Star.
In a new development, Mr Earle’s family have reached an out of court settlement with County Garage and will be paid an undisclosed sum of compensation, although the firm did not admit liability.
Mr Earle’s son Anthony said: "The last few years have been very difficult for my family. No amount of compensation can replace what we have lost, but we hope we can now move forward."
Exposure to asbestos has been recognised as a health hazard since the early 1900s, although many workers were exposed to the substance decades after this.
If a person can prove they were exposed to asbestos as a result of negligence, they may be able to make a claim for compensation and should seek legal advice.
Tags: Asbestos Exposure, Brake Linings, Breathing Apparatus, County Garage, Court Settlement, Decades, Early 1900s, Family Man, Health Hazard, Legal Advice, Mechanic, Mesothelioma, Negligence, Protective Clothing, Robert Earl, Undisclosed Sum, Worker Compensation
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