July 2nd, 2009
A woman who hurt her knee while working as a train stewardess has been awarded compensation.
Olwen Hernanz-Lloyd, 46, was working on the buffet train of the Great North Eastern Railways (GNER) Newcastle to London train last year.
As she served a customer, a drawer flew open and struck her on the knee. The pain was such that she still feels discomfort while horse riding a year on and is still in need of physiotherapy.
Although GNER argued that the catch on the drawer had not been faulty and that it had been inspected recently, Ms Hernanz-Lloyd disputed this and said it had been broken for some time.
This week a judge ruled in her favour and she is to be awarded £5,124 in compensation.
"I felt strongly about fighting my case because GNER were blaming me for the accident. I now feel vindicated," she remarked.
Where hazards may occur in the workplace, employers are required to carry out adequate risk assessments and put in measures to prevent them where possible.
Tags: Favour, Great North Eastern Railways, Lloyd, London Train, Measures, Newcastle, Physiotherapy, Risk Assessments, Stewardess, Woman, Worker Compensation, Workplace Employers
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June 11th, 2009
Employers who allow the use of quad bikes or all-terrain vehicles (ATVs) have been warned by the Health and Safety Executive (HSE) that they must ensure their safe operation.
The warning comes after an employee of Kelloe Mains Farm near Duns was killed after suffering fatal head injuries while operating an ATV.
Grant Shannon, 34, had worked on the farm for only three days when he was asked to help bring some cows in using the bike. He agreed, although he had not received any formal training to use the vehicle and had not been provided with a helmet.
Mr Shannon hit a tree and died at the scene.
R & J McDonald, the owners of the farm, were fined and prosecuted by the HSE and inspector Gillian McLean said those using quad bikes should be provided with adequate training, well-maintained vehicles and appropriate head gear.
"Sadly, farming is a dangerous business, and the numbers of deaths and injuries to farmers, workers and members of the public is unacceptable," she added.
Employers must carry out risk assessments for all perceived dangers and provide measures to prevent accidents where appropriate.
Tags: Accidents, Amp, Atv, Cows, Dangerous Business, Deaths, Farmers, Farming, Gillian, Head Injuries, Health And Safety, Health And Safety Executive, Helmet, Mains, Mcdonald, Measures, Quad Bikes, Risk Assessments, Shannon, Terrain Vehicles
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May 20th, 2009
A man who was exposed to hazardous chemicals in the workplace has been awarded compensation.
David Owenson worked at Polestar Greaves in Scarborough, where he had to repair the solvent filters on printers and was consequently exposed to toluene.
He began to feel unwell in 2000 and sought medical advice, but was told there was not a problem. However, after continuing to feel poorly, he consulted a kidney specialist.
Mr Owenson was then told that he had impaired kidney function as a result of the toluene and that he should avoid the substance from then on.
The victim sought compensation from his employers and after a legal battle, the firm has now agreed to pay a substantial, undisclosed sum for the pain and suffering he was caused.
Under the Control of Substances Hazardous to Health Regulations 2002, employers must carry out risk assessments wherever exposure to hazardous substances may occur.
They must then take measures to either prevent exposure or adequately control the risks from such exposure.
Tags: Control Of Substances Hazardous To Health, Greaves, Hazardous Chemicals, Hazardous Substances, Health Regulations, Kidney Damage, Kidney Function, Kidney Specialist, Measures, Medical Advice, Pain And Suffering, Printers, Risk Assessments, Scarborough, Undisclosed Sum
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March 9th, 2009
A garage has been prosecuted by the Health and Safety Executive (HSE) after a work experience student was seriously injured in an accident on his placement.
The unnamed pupil was working at Holdingham Garage in Sleaford, owned by Hockmeyer Motors, when he was caught in the path of a fireball caused by igniting brake fluid being sprayed onto a running engine.
He was badly burnt and his t-shirt was melted onto his chest.
HSE inspector Judith McNulty-Green said the accident could have been avoided if the risks associated with using the solvent in this way had been assessed.
"It is imperative that if companies contract to have work experience pupils from local schools they update any risk assessments," she added.
Hockmeyer Motors was fined and prosecuted under health and safety regulations.
According to guidelines from the HSE, students participating in work experience are regarded as the placement provider’s employees for the purpose of health and safety.
The placement provider must assess any risks to the pupil and should maintain the appropriate measures to avoid them.
Tags: Brake Fluid, Fireball, Health And Safety, Health And Safety Executive, Hse, Local Schools, Mcnulty, Measures, Placement Provider, Pupil, Pupils, Risk Assessments, Safety Regulations, Sleaford, Solvent, T Shirt, Work Experience Student
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February 5th, 2009
An NHS trust is to pay a woman compensation after her husband died from contracting legionnaires’ disease while in a hospital.
Paul Duncan, 41, was admitted to Eastbourne District General Hospital in 2007 in order to have chemotherapy treatment for cancer, Eastbourne Today reports.
However, while in one of the hospital’s showers, he was exposed to bacteria and went on to contract legionnaires’ disease.
Mr Duncan died two months later. His widow Clare is seeking compensation from East Sussex Hospitals NHS Trust, alleging that he could have had a bone marrow transplant and lived for another five years if he had not been exposed to the bacteria.
She claims that the hospital did not take sufficient measures to ensure the showers were clean and had not installed legionella filters.
The trust has now agreed to a compensation settlement, although the exact amount has not yet been decided.
Earlier this month, it was reported that a man had won a court case against tour operator First Choice after contracting legionnaires’ disease while on holiday.
Tags: Bacteria, Bone Marrow Transplant, Cancer, Chemotherapy, Chemotherapy Treatment, Court Case, District General Hospital, East Sussex, Exposed, First Choice, Hospitals, Legionnaires Disease, Measures, Mr Duncan, Nhs Trust, Paul Duncan, Showers, Sussex, Tour Operator, Woman
Posted in Clinical Negligence News | No Comments »
