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£9,500 for hearing loss and tinnitus
A former steel worker who suffers with hearing loss and tinnitus which was caused as a result of his exposure to excessive noise at work has settled his claim for £9,500 against two former employers together with payment of his legal costs...
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
Injured by falling tree
A man who was injured whilst visiting a park when a tree within the park fell onto him and a friend, has won damages of £23,000. The friend was killed in the accident.
Proceedings were brought against the council as the authority responsible..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
Research into people’s views on compensation
New research has revealed that the majority of people have modest expectations for compensation following injuries at work, casting doubt on the widely-made claim that Britain has developed a compensation culture, according to law firm Hubbard..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
£500,000 settlement for road accident
A man who suffered a fracture to his spine in a road accident has received a settlement of £500,000. The accident was caused when his car was struck from behind by a lorry — the lorry driver was at fault through not paying attention. The..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
£90,000 damages over home buyers survey
A young family who had engaged a surveyor to carry out a home buyer’s survey & valuation report on a property they were interested in purchasing have received damages. The family purchased the property, relying on the report. Shortly..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
Trip on way to Indian restaurant
A man has received a £62,500 out of court settlement as a result of a tripping accident whilst visiting his local Indian takeaway. The man tripped and fell due to the presence of a low unmarked and unlit wall. He successfully pursued a claim..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
Damages for excessive levels of noise
A man who was exposed to excessive levels of noise from a slicing machine has been awarded £5,500. By the time the man noticed a hearing problem, his former employer had ceased trading and the company was dissolved. However, his lawyer was..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
Crush injury to the tip of finger
A man has received £8,000 in an out of court settlement after an accident at work whilst operating machinery resulted in a severe crush injury to his finger. He was required to open the machinery on a regular basis. When the machinery cover..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
Fractures to bones in hand
A man has received £8,600 compensation after he was injured in a work accident whilst working as a sawman. The accident occurred as he was moving a bar to the saw using a crane operated by a pendant control. Unfortunately the crane overran and..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
Trip at work award
A woman has received £11,000 compensation after she tripped at work. She was employed as a machinist, and had been asked to assist with some work involving use of a particular machine. The machine had been moved from its usual storage position..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
Lorry load injury compensation
A former HGV driver has received just under £120,000 compensation after he suffered injuries that ended his career. He was self employed but working under contract to a plastics manufacturing company. He was delivering a load and had opened..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
£90,000 compensation over lift fall
A car dealership has had to pay £90,000 compensation to an injured employee. The man suffered the accident whilst working as a technician at the dealership. He was to take a car down from the upper floor at the garage to the basement to be..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
Vibration white finger damages
A panel beater has accepted £12,000 in damages against his former employer after being diagnosed with vibration white finger. He had used air sanders, grinders and other powered tools for substantial periods of time over his 13-year..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
£48,000 compensation for mesothelioma
The family of a man who died from mesothelioma have received an out of court settlement of more than £48,000 compensation. The man worked as an apprentice engineer. He was exposed to asbestos whilst working on board the ships at the shipyard...
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
Facial injury award
A man has received £3,000 after he was injured whilst carrying out cabling work for a cable TV company. He was using a piece of equipment consisting of a reel onto which the cable was wound in order to pull cabling through some underground..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
£20,000 damages over birth death
A woman whose baby was stillborn has received an apology from the hospital and compensation of £20,000. Her pregnancy was uneventful but when her baby’s due date passed, it was decided that she would have to be induced. On several..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
£27,500 in compensation for crushed hand
A man who sustained a serious crush injury to his hand in an accident at work has received £27,500 in compensation in an out of court settlement. He was employed as a finishing manager for a textile company. He was feeding material into a..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
£74,000 damages for mesothelioma death
The family of a man who died from mesothelioma has received more than £74,000 in compensation. He had worked as a labourer and was exposed to asbestos during periods in the 1960s when he worked inside railway carriages. His work involved..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
£1.5mn for road accident victim
A woman who was seriously injured in a road accident six years ago has been awarded a payout of £1.5mn. She was travelling as a rear passenger in a car when its driver lost control on a right-hand bend. The vehicle rolled over and struck a..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
£180,000 for psychological trauma
A security guard who was severely traumatised in an assault has received £180,000 in compensation. He was attacked while working as a security guard for a London borough council. He has been left unable to work as a result of the incident..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
Harassment compensation
A woman forced to resign from her job after suffering months of harassment by a colleague has won more than £30,000 compensation. However, she will receive just £4,000 as the company has since gone into liquidation. She was joint manager..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
Damages for machinery fall
A man who was left with a deep 7cm scar on his forehead after machinery weighing four and a half tonnes fell on him, has received £13,300 in damages. He was helping to remove machinery from the disused colliery for resale. He was trapped under..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
£177,000 in mesothelioma compensation
The widow of a former labourer has received £177,000 in compensation from his employer’s insurer after her husband died from mesothelioma. The labourer worked with asbestos on a daily basis and was never given any protection against the..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
Slip outside supermarket
A cash machine maintenance worker has received £10,500 in compensation after slipping outside a supermarket. A sewer drain had overflowed coating the pavement in slime causing the worker to fall. He suffered soft tissue injuries to his hip,..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
Mesothelioma settlement of £100,000
The widow of a man who worked as a fireman on locomotives has been awarded £100,000 following his death from mesothelioma. He began work in 1943 for Great Western Railways which later became British Rail. His first job for the company was to..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
Compensation for broken knee
A railway worker who broke his knee when trying to undertake emergency repairs to a train track has received £20,000 in compensation. He broke his knee while he was unloading rails needed for emergency repairs to the tracks. While standing on..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
Dangerous levels of noise award
A man who was exposed to dangerous levels of noise in the workplace has received £5,500 in damages after suffering occupational deafness. His hearing became damaged when working as a machine fitter for more than 20 years. His employer made..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
£112,000 mesothelioma settlement
The family of a former teacher has received £112,000 in compensation after he died from mesothelioma. The man was exposed to asbestos while working as an apprentice shipwright for the Ministry of Defence at HM Dockyards from 1941 to 1946. He..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
£20,000 award for asbestosis
A man working as a maintenance engineer has been awarded £20,000 after developing asbestosis. The man worked on machinery running confectionary production lines. The man was initially diagnosed as suffering from pleural plaques and asbestosis...
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
Compensation for ladder fall
A man who worked as a maintenance electrician has been awarded more than £33,500 for injuries he sustained whilst assisting in the dismantling of the site. The man had been asked by the administrators to stay on as part of a team to dismantle..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
Shoulder injury damages
A man who worked as a storekeeper an NHS Trust has been awarded £38,520 for an injury he sustained to his shoulder when he was clearing out the storeroom ready for a refit. The man was asked to empty shelves in the stores, and as he lifted a..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
£240,000 mesothelioma award
The family of a teacher who died from mesothelioma has been awarded £240,000. He had been exposed to asbestos while working as an apprentice gas fitter for National Grid, between 1963 and 1968. He also worked as a housing maintenance inspector..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
Damages for cut thumb
A man has received £4,800 compensation after he was injured in a work accident. He was working for a garage door company as a fitter. He cut his thumb with a handsaw whilst trying to cut a piece of PVC which was resting on his toolbox. He had..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
Hand injury compensation
A man employed as a diecaster has been awarded £15,000 after his hand was injured in a faulty machine. The man was working on a die casting machine which was missing two out of the four pins securing the strap (a steel bar) to hold the die in..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
Compensation for fall at work
A woman working as a retail operative has been awarded £15,000 for injuries she sustained in a fall at work. The woman was walking down a designated walkway when she slipped on turkey steak that had fallen off the production line. Her feet..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
Injured scaffolder wins damages
A man working as a scaffolder in the building of the new Wembley Stadium has been awarded £15,000 after he fell and injured his shoulder. He trod on a lump of hardcore that had been churned up by passing cranes and trucks on the pitch. The man..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
Sperm is property of person
The sperm sample of a person undergoing chemotherapy treatment, stored by a hospital for his benefit for future use in case the treatment made him infertile, was property owned by him whose loss or damage entitled him to bring an action for..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
English law and French law
On a personal injury claim brought by English claimants against French insurers in respect of a road traffic accident in France in 2005, damages were to be assessed by reference to English law, not French law, but the issue whether there was a..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
Constructive dismissal and notice period
An employee who was unfairly constructively dismissed without notice was entitled to receive payment in lieu of notice at a normal rate of pay without deduction for money earned from a different employer during the notice period.
The Employment..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
Ankle sprain compensation
An electrician has received £2,500 compensation after he was injured in an accident at work whilst working as a maintenance electrician at a forging company. He was walking through the heavy forge department where he was due to carry out some..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
Accident caused by want of safety
The claimant and his son were having an informal game of football on an area of grass, with a portable tubular goal frame, at a caravan park. The claimant was keeping goal and caught his foot in the netting and fell to the ground, and the frame..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
Slip on plane is not accident
The claimant appealed against the dismissal of her claim by a county court. In 2004 she was a passenger on a flight from the US to London. In the course of reaching her seat she slipped on a strip embedded in the floor of the aircraft and injured..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
Safe system of work
The claimant was employed in the despatch department where his job was to get items off shelves. On November 11, 2003 he was required to collect a pamphlet from a box just out of his reach. He jumped to try to reach it, without success. He then..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
Breach of Manual Handling Regulations
The claimant, a nurse, decided to bathe a female patient. She transferred the patient into a hoist and wheeled the hoist to the end of the bath. The bath stood on plinths which were set back from the end of the bath. As she pushed the hoist forward..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
Calls for NI to follow Scotland on pleural plaques
THE Association of Personal Injury Lawyers (APIL) has called on the Northern Ireland Executive to take action to ensure all pleural plaques victims receive compensation. The plea follows the high profile House of Lords decision on pleural plaques..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
Canadian companies must reveal use of nanomaterials
Canada is planning to become the first nation in the world to require companies to detail their use of engineered nanomaterials. The information gathered under the requirement will be used to evaluate the risks of engineered nanomaterials and will..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
Reducing damages for lack of cycle helmet
The High Court recently looked again at the vexed question of whether an injured cyclist’s compensation should be reduced because the cyclist failed to wear a cycle helmet. There is no legal obligation on a cyclist to wear a helmet, it is..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
Risk of cancer amongst radiation workers
The risk of developing cancer among radiation workers increases with the dose of ionising radiation they are exposed to, according to a study by the UK’s Health Protection Agency (HPA) published in the British Journal of Cancer. The observed..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
US lead exposure study
A study into lead exposure at work has concluded that both the developing brain and the ageing brain can suffer from lead exposure. For older people, a build-up of lead from earlier exposure may be enough to result in greater cognitive problems..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
Plaintiff lawyers in Obama wishlist
The American Association for Justice (AAJ) is asking the Obama administration to reverse Bush-era regulations that have given complete immunity to negligent corporations and “pre-empted” the right of Americans to hold wrongdoers..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
Salmonella peanut product recall
The recent discovery of salmonella at a US peanut processing plant which resulted in one of the largest contaminated products recalls the US has ever seen, is expected to see a significantly increased demand for specialist contaminated products..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
Pilot fatigue recommendations
Airline pilots in the European Union are demanding that the recommendations from a scientific team investigating pilot fatigue should be adopted as soon as possible.
“This new independent scientific study published by the European Aviation..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
Government accepts Foot and Mouth recommendations
The government has accepted all 26 of the main recommendations made by Sir Iain Anderson on the response to the 2007 outbreak of Foot and Mouth Disease (FMD). Sir Iain was asked by the government to chair a review of the government’s reaction..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
ACE writes Environmental Liability through Lloyd’s
ACE is extending its Environmental Risk capabilities by writing the company’s portfolio of Environmental Liability products at Lloyd’s. ACE’s suite of environmental products is now available through ACE Global Markets Syndicate..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
EU Environmental Liability Directive
The Environmental Damage (Prevention and Remediation) Regulations 2009, which bring into force the EU Directive on Environmental Liability, have been published by the UK government and were laid before Parliament on February 2, 2009. The..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
Keeping tabs on US statistics
Liability specialists have to keep on top of all sorts of trends, and the 2009 Statistical Abstract of the United States, largely based on census returns, reveals an array of statistics of potential interest to liability underwriters.
For example,..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
Training to avoid slips
Training people to avoid falls by repeatedly exposing them to unstable situations in the laboratory helped them to later maintain their balance on a slippery floor, according to new research from the Journal of Neurophysiology.
The study furthered..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
Dangers of falls from vehicles
The Health and Safety Executive (HSE) has relaunched a campaign that warns about the dangers of falls from vehicles following injuries to more 1,600 workers, and four deaths, caused by falling from vehicles last year. Falls from vehicles are the..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
Steamship Mutual boosts capital
Steamship Mutual, a leading P&I club, has announced that it is boosting its capital reserves to compensate for investment losses. Steamship Mutual said that despite its “market leading” underwriting results, the lack of a sustained..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
Clampdown on sex discrimination in finance sector
The government is going to clamp down on unfair pay and discrimination against women working in the finance sector, according to Harriet Harman, Minister for Women and Equality.
The government has pointed out that men get paid on average 40% more..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
European employee absence rates
Many firms are failing to effectively manage their employee absence rates due to a lack of good data, according to Mercer’s “2008 Pan-European Health & Benefit Report”.
While the majority can access simple data on the number..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
Call for Employer’s Liability Insurance Bureau
Thompsons Solicitors has stepped up its campaign for an Employer’s Liability Insurance Bureau in employers’ liability personal injury cases, to mirror that which pays compensation to those injured by uninsured drivers.
Thompsons said..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
Waste industry to tackle fatal incidents
The number of fatal incidents in the waste and recycling industry is more than 10 times the national average and reportable accidents in these workplaces are more than four times the national average. The HSE said that this had made working in the..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
C. difficile figures fall
The latest reported C. difficile figures show that between July to September 2008 there were 7,061 cases recorded in patients aged 65 years and over. This represents a fall of 19% in this age group from the previous quarter, April to June 2008,..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
Nurses’ asthma risk and cleaning products
A study has suggested a link between nurses’ exposure to chemical-based cleaning products in hospitals and their likelihood of being diagnosed with asthma. The study, “Occupational Exposures and Asthma among Nursing..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
More people killed in hospital accidents in England
The number of patients killed in hospitals in England as a result of incidents including medical errors, hospital acquired infections and abuse by staff has risen by 60% since 2005. Figures show that 3,645 people died in English hospitals in..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
Insured losses from Madoff Ponzi scheme
Aon Benfield has released a preliminary forecast of direct insured losses resulting from the alleged Bernard Madoff Ponzi scheme. “While the maximum potential exposed insurance limits are estimated to be over $6bn, the range of direct insured..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
CFAs and before/after the event insurance
A recent High Court case has further clarified the law concerning conditional fee arrangements (CFAs), and a law firm’s duty to investigate with clients whether funding should be on the basis of BTE or ATE (before the event/after the event)..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
Road casualty statistics for Great Britain
The Department of Transport has published “Road Casualties in Great Britain
Quarterly Provisional Estimates Quarter 3, 2008” which show that the number of fatalities in road accidents were down by 15% for the twelve months ending..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
New casualty manager for CNA Europe
CNA Europe has appointed Mark Figes as casualty manager. He will assume responsibility for the management and development of CNA Europe’s casualty portfolio, with particular emphasis on expansion in continental Europe and the UK regions. He..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
Liability premiums expected to rise
Around 69% of underwriters expect liability insurance premiums for UK companies to increase in the first quarter of 2009, according to the Aon’s Market Pulse. In addition, 92% of underwriters expect liability rates to rise over the next six..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
Non-Executive Directors and D&O
Steven Francis, partner, Reynolds Porter Chamberlain
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
New Dublin operation for Beachcroft
Beachcroft has opened a new operation in Dublin initially specialising in professional indemnity and personal injury. It has set up an Irish partnership ahead of opening an office in Dublin, anticipated for early March, and has recruited a partner,..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
New partners for Browne Jacobson
Browne Jacobson has appointed two new partners to its recently opened City office. Jonathan Corman, who was previously a partner at Squire & Co, is a professional indemnity lawyer. Also joining the firm is Jon Sharp, a marine, aviation and..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009
Health and Safety Offences Act into force
The Health and Safety Offences Act 2008 has come into force, increasing penalties and providing courts with greater sentencing powers for those who break health and safety law.
Judith Hackitt, Chair of the Health and Safety Executive (HSE), said:..
Online Published Date:
27 February 2009
Appeared in issue:
222 - 01 February 2009