Aston care home pays compensation after woman’s fall

October 20th, 2009

Aston care home pays compensation after womans fall

A care home in Flintshire has been ordered to pay compensation to a woman who fractured her hip after falling from a care home bed.

Ellen Clewarth, 92, became entangled in her bed railings at Aston Hall Care Home in February and sustained a fractured hip after falling to the floor.

An investigation by health and safety officers found that the resident had a history of trying to get out of bed and that these railings should not have been used.

It was also found that staff had no training in using the railings to keep residents safe.

Aston Hall Care Home was ordered to pay a fine of £6,000 as well as £4,200 in compensation to Ms Clewarth. She had to undergo surgery but has now recovered and is in another care home.

Residential homes must adhere to the same safety regulations as other medical organisations such as hospitals. Where this is not the case, victims may be eligible to seek compensation for clinical negligence and should seek the advice of a solicitor.
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HSE issues warning after school is fined over burns

October 14th, 2009

HSE issues warning after school is fined over burns

The Health and Safety Executive (HSE) has warned schools that they must put appropriate safety measures in place following an incident in which a 16-year-old girl suffered burns so serious that she had to have most of her fingers amputated.

During an A Level art class at the Giles School in Lincolnshire, the unnamed girl decided to make a plaster cast of her hands and filled a vat with plaster of Paris.

However, she was unaware that the substance gives off intense heat when mixed with water – an exothermic reaction – and she plunged her hands into it. The plaster set rapidly and the pupil was unable to get her hands out. Staff and fellow students tried, but an ambulance had to be called while the girl’s hands were burning inside the plaster.

After she got to hospital, it was found that her injuries were so severe that she had to have both of her thumbs and all but two of her fingers amputated.

The school’s governing body was fined for breaching health and safety regulations, and HSE inspector Jo Anderson said the incident should serve as a warning after it was found that pupils were not instructed about the dangers plaster of Paris could pose.

"We want the public to understand that risk assessments in educational establishments must not be viewed as burdensome, but instead, paramount to pupil safety," she remarked.

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Sugar company fined after horrific workplace accident

October 13th, 2009

Sugar company fined after horrific workplace accident

Sugar company Tate and Lyle has been fined for breaching health and safety regulations after an incident in which an employee was killed.

Keith Webb, 53, was sub-contracted to work at the firm’s sugar refinery in Newham in March 2004 and had been unloading raw sugar from a ship using a bulldozer.

However, part of the crane holding the machine in place suddenly snapped, causing the bulldozer to plunge onto the ship and then into the sea.

Mr Webb was killed instantly and Tate and Lyle was prosecuted by the Health and Safety Executive (HSE).

Its investigation found that the company had failed to properly manage staff and to provide safe access to the ships.

Tate and Lyle has now been fined £270,000 plus £90,000 costs for breaches of the Health and Safety at Work Act 1974.

HSE inspector John Crookes said: "In failing to identify and address these inadequacies before they led to the death of a worker, Tate and Lyle’s performance fell well below what could be reasonably expected of them."

Employers must act to remove where possible hazards that could cause accidents or death. If this is not carried out to a satisfactory standard, victims or their families may be eligible to claim compensation.

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Man injured in mower fall awarded compensation

September 30th, 2009

Man injured in mower fall awarded compensation

A man who sustained serious injuries after falling from a ride-on mower has been awarded compensation from his employer.

The unnamed council employee was cutting the grass in a park in Cheltenham in May 2008 when the accident happened.

He fell from the vehicle onto a park bench and suffered a punctured lung and two broken ribs, forcing him to remain on sick leave for 11 weeks.

An investigation discovered that the incline was too steep for the ride-on mower according to the manufacturer’s guidelines and that the victim had not received sufficient training to use it.

As a result, Cheltenham Borough Council was fined for contravening health and safety regulations and was ordered to pay compensation to the injured man.

Health and Safety Executive inspector Alison Fry said it was only through good fortune that the accident was not fatal.

"This incident sends out a clear message to employers to ensure that they carry out risk assessments … before deciding which equipment is suitable," she added.

HSE statistics show that 299,000 reportable injuries happened in British workplaces in 2007-08, a rate of 1,000 per 100,000 workers.

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Compensation payout expected for man shot by policeman

September 25th, 2009

Compensation payout expected for man shot by policeman

A man is expected to receive a six-figure sum in compensation after being shot by a police officer during a tutorial.

Keith Tilbury, a 999 calls handler, had been at a firearms course run by PC David Micklethwaite in Oxfordshire in May 2007. The instructor took some ammunition from a tin, believing that it contained only blanks.

However, there were live bullets among the store and the police officer mistakenly loaded one and fired it into his classroom.

The bullet hit Mr Tilbury, causing devastating injuries including an exploded bowel and kidney and lung damage. He was in a coma for 12 days and has still not returned to work.

Thames Valley Police and PC Micklethwaite have both admitted liability for the incident and have been fined under health and safety regulations.

It is now thought that an out-of-court compensation settlement for in the region of £150,000 will be paid to Mr Tilbury next month.

According to the Home Office, the chief of police must adequately assess that officers are suitable to have firearms in their possession without harming the public or other police personnel. If these tests are not carried out, the police are in breach of their duty and anyone affected may be eligible to claim compensation.
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