£80k payout for promising rugby player affected by misdiagnosis

September 15th, 2009

£80k payout for promising rugby player affected by misdiagnosis

A man who may have gone on to play rugby for his country has been awarded compensation of £80,000 after an injury and a subsequent misdiagnosis cut his career short.

The unnamed man, now 23, suffered a scaphoid fracture to his wrist during a game when he was 16. Although he was taken to hospital in North Devon, medics failed to spot the injury and told him to simply rest.

By the time the fracture was spotted by a GP five months later, further damage had been done and the victim needed a bone graft and three operations.

He lost his chance to play rugby professionally and still suffers from pain in his wrist.

The man decided to pursue a compensation claim because the hospital should have offered an X-ray a week after the accident in order to make sure there was no scaphoid fracture present.

In a new development, the hospital has agreed that it was negligent in not calling him back for further treatment and agreed to a payout of £80,000.

According to Arthroscopy.com, scaphoid fractures must be treated relatively quickly because pieces of broken bone, which are loose inside the wrist joint, will eventually cause a deterioration of the wrist joint called traumatic arthritis if the injury is left.

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Compensation victory for crash victim

June 22nd, 2009

Compensation victory for crash victim

A man who was left needing a lifetime of care after being injured in a car accident has been told that he is to be awarded compensation.

Ben Wilkinson, then 20, allowed his 23-year-old friend Kieran Fitzgerald to drive his car home from a takeaway, despite the fact that the man had been drinking.

He was a front-seat passenger when Mr Fitzgerald lost control of the vehicle, ploughing into the path of an oncoming car. Mr Wilkinson suffered multiple fractures and brain damage.

With the help of his family, he took legal action against his friend’s insurer – Churchill – and a judge at the high court has now ruled that the organisation must pay out to the victim.

Churchill has said it will appeal the decision.

Although compensation is usually claimed from the responsible party’s insurers, claims may still be made where this person is uninsured through the Motor Insurers’ Bureau, which was established in 1946.
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£5k compensation for carpenter in window fall

June 4th, 2009

٣k compensation for carpenter in window fall

A carpenter who fell from a window while attempting to tighten its shutters is to receive £5,000 in compensation.

The man, who cannot be named for legal reasons, was involved in the construction of a new school in Waltham Forest in October 2007, where he was working for Bouygues UK.

He was attempting to fix shutters and brackets on the window and leaned out past the guardrail that had been put in place.

However, he slipped and fell five metres onto a hard platform and suffered fractures to his ribs and collarbone, as well as blood in his chest cavity.

The man was unable to work for six months.

Health and Safety Executive inspector Dominic Elliss said: "This case clearly demonstrates the importance of following the hierarchy of controls when planning any work at height."

The victim is now to receive a compensation payout after the firm was prosecuted for breaching safety regulations.

Any work or movement at height near an exposed edge should be considered a hazard and employers must put adequate measures in place to prevent injuries and accidents.


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HSE warning after workplace accident

June 3rd, 2009

HSE warning after workplace accident

The Health and Safety Executive (HSE) has issued a warning to all employers that they must provide a safe place to work in order to avoid injury and potential prosecution.

Its advice comes after Sunderland-based car parts manufacturer International Automotive Components Group was fined under health and safety regulations when a man sustained serious injuries on its premises.

Trevor Rollin had been using an overhead crane to unload tools from a metal rack in August 2008 when it collapsed and fell onto him.

The employee suffered multiple fractures, as well as cuts and bruises.

International Automotive Components Group was found not to have provided stabilisation for the single bay tool racking and was fined under Regulation 20 of the Provision and Use of Work Equipment Regulations 1998.

HSE Inspector Fiona MacNeill said: "The safety of work equipment cannot be taken for granted. Employers should assess and prioritise the more serious risks in their premises."

According to additional figures from the HSE, six million working days were lost to injury between 2007 and 2008.

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Damages for woman who suffered stroke after road crash

April 1st, 2009

Damages for woman who suffered stroke after road crash

Damages are to be paid to a woman who suffered a stroke after being involved in a fatal road accident.

Bruna Long, 62, was behind the wheel near Great Horkesley in Essex when she was hit by an oncoming vehicle being driven by Darren Puljic, the Maldon and Burnham Standard reports.

The 20-year-old was not wearing a seatbelt and it is thought that he may have been exceeding the 60 miles per hour speed limit, as well as being on the wrong side of the road.

He died in the collision, while Mrs Long sustained multiple fractures and a head injury. Her husband, Christopher Long, also suffered orthopaedic injuries.

Mrs Long went on to suffer a stroke which has left her permanently disabled with communication and speech problems. She now needs long-term care.

She took legal action against Mr Puljic through his insurers, Norwich Union, and the firm admitted liability.

After a high court hearing, the organisation has agreed to an undisclosed payout, although it is believed the compensation may run into seven figures.

Mr Justice Mackay said the pay-out should provide "reasonable financial security" for Mr and Mrs Long.

When a road accident occurs and liability can be proven, compensation will always be paid through the insurers of the responsible party, so victims should make a claim if they feel they are eligible.

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