November 2nd, 2009
A hospital trust is facing a compensation claim after it was fined £10,000 when a vulnerable patient in its care fell out of a first-floor window and suffered serious injuries.
North East Essex Primary Care Trust admitted breaching Section 3(1) of the Health and Safety at Work Act after Charles Preston, a partially-sighted 68-year-old, suffered breaks to his shoulder, pelvis and coccyx when he fell.
The incident occurred at the Clacton & District Hospital in March 2008.
Following the court ruling, Mr Preston has announced his intention to sue the trust.
Kim Wicks, the Health and Safety Executive inspector who investigated the case, said the accident could have been avoided.
"The control measures, in this case window restrictors, to prevent this risk are easy to fit and maintain," she said.
Last week, the Herald reported that student Jonathan Harvey was going to sue Plymouth City Council after he fell 20ft through a broken fence on council property.
Tags: Broken Fence, Case Window, Charles Preston, Clacton, Coccyx, Compensation Claim, Control Measures, East Essex, Health And Safety, Health And Safety At Work, Health And Safety At Work Act, Health And Safety Executive, Hospital Trust, Jonathan Harvey, Pelvis, Plymouth City Council, Primary Care Trust, Safety At Work, Section 3
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January 20th, 2009
A man who was almost crushed to death in a workplace accident is to seek compensation from his former employers after spending eight months in hospital.
Sean Fowler, 37, was trapped by a crane at New Cut East more than six years ago, breaking his pelvis in three places and pushing his internal organs together, the Ipswich Evening Star reports.
He lost four pints of blood, developed a bone infection and had to rely on 24-hour care for many months.
Mr Fowler is still on antidepressants and suffers flashbacks, but he has now recovered sufficiently to take on another job with a different firm.
"It was a nightmare learning to walk again but I had to keep going. I’m never going to be the same again but I have come further than I ever thought possible," he said.
New Cut East declined to comment on the compensation claim.
All employers are obliged by law to ensure the safety of their employees under a duty of care.
If any safety regulations are breached and an injury occurs as a result of this negligence, the victim may be eligible for compensation. The HSE will prosecute where appropriate employers that break the law.
Tags: Antidepressants, Bone Infection, Compensation Claim, Crane, Duty Of Care, Eight Months, Flashbacks, Hse, Internal Organs, Ipswich Evening Star, Job, Mr Fowler, Negligence, Nightmare, Pelvis, Pints Of Blood, Safety Regulations, Six Years, Star Reports, Workplace Accident
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December 4th, 2008
A formerly active businesswoman who was knocked down and seriously injured by a car has been awarded a substantial sum of compensation in a case unlike any other believed to have been seen so far.
The 74-year-old, Pamela Olive Green, was crossing the road when she was hit by a car being driven by Aneil Thawer.
She fractured her pelvis and sustained a brain injury in the accident, the Telegraph reports.
Ms Green, who owned and managed a number of property businesses, claimed that Mr Thawer was not paying attention as he approached the crossing and took him to court.
Mr Thawer’s insurers have now agreed to pay Ms Green £2.75 million in compensation, a sum normally reserved for people in their 20s who need substantial sums to pay for their long-term care.
Mr Justice Davis said: "I’m satisfied that the interests of the claimant are served by the terms of this settlement."
The payment was made without any admission of liability by Mr Thawer or his insurers.
A compensation claim can be made for injuries to pedestrians if it can be proven that the driver of the vehicle was responsible for the collision.
Tags: Admission, Brain Injury, Businesswoman, Claimant, Compensation Claim, Elderly Woman, Long Term Care, Mr Justice, Pamela, Paying Attention, Pedestrians, Pelvis, Substantial Sum, Substantial Sums, Telegraph Reports
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November 7th, 2008
An incident in which a man was crushed and suffered serious injuries in an accident at work has resulted in a prosecution by the Health and Safety Executive (HSE).
The unnamed 17-year-old man was working for Peter David Marquis at a waste transfer station in 2007 when an excavator moved back, pushing him into a skip.
He broke his femur and pelvis and suffered serious internal injuries.
Mr Marquis was fined £15,000 and ordered to pay £4,631.60 in costs for breaches of health and safety acts.
HSE inspector Stephen Garsed said the accident happened because the risks of working near machinery had not been assessed.
"It is now so easy to find that there can be no excuse for not knowing the standards to meet or for not making sure that risk assessments and operating procedures follow best practice," he commented.
All employers are obliged by law to ensure the safety of their employees under a duty of care.
They must provide a safe workplace, safe systems of work, safe equipment and safe fellow employees.
If any safety regulations are breached and an injury occurs as a result of this negligence, the victim may be eligible for compensation. The HSE will prosecute where appropriate employers that break the law.
Tags: Acts, Breaches, Duty Of Care, Excavator, Excuse, Fellow Employees, Femur, Health And Safety, Health And Safety Executive, Internal Injuries, Marquis, Negligence, Old Man, Pelvis, Peter David, Prosecution, Risk Assessments, Safe Systems Of Work, Safety Regulations
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September 11th, 2008
The Health and Safety Executive (HSE) has prosecuted two companies following an incident in which a worker sustained a serious injury.
Lorry driver John Rooney was standing on the back of a subcontractor’s vehicle in March 2006, assisting the movement of some glass panels.
However, the lorry was not level with the ground and one of the 600 kg panels fell onto him, breaking his pelvis.
Scheldebouw UK – the subcontractor – was fined £20,000 and costs of £10,000 for breaching Section 3(1) of the Health & Safety at Work Act.
Brookfield Construction – a multinational firm with operations in Australia, the Middle East and the UK – was fined £18,000 and costs of £9,962 for breaching the same act.
HSE inspector Lisa Chappell said: "This incident once again highlights the need for contractors to ensure that all aspects of lifting and removal operations are fully planned."
She added that safety measures should be communicated to all workers.
Tags: Amp, Australia, Brookfield, Glass Panels, Health And Safety, Health And Safety Executive, Hse, John Rooney, Lisa Chappell, Middle East, Multinational Firm, Pelvis, Removal Operations, Safety At Work, Safety Measures, Section 3, Subcontractor, Work Act
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