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£180,000 for widow of mesothelioma victim
The widow of a man who worked as a painter and decorator has been awarded £180,000 following his death from mesothelioma. He worked for a painting company for two periods of employment from 1954 to 1963 and again in 1981 to 1984. During the..
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
Compensation for slip on grape
A retired woman has obtained £27,500 compensation in an out of court settlement after she slipped on two grapes and broke her shoulder in a supermarket. She shattered her shoulder in the fall after slipping on fruit which had fallen into the..
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
Government takes its time over pleural plaques
The government certainly isn’t being rushed into making a decision over pleural plaques. The original Lords ruling at the heart of the matter was made in October 2007. The government consultation ended in October 2008 but as yet (at the time..
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
Damages for cyclist hit by bus
A man who was injured when he was knocked from his bicycle by a bus has been awarded £15,000. He was cycling when a bus overtook him and began to pull in towards a bus stop. As the bus pulled into the bus stop it knocked the man from his..
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
Award for widow of hit and run victim
The widow of a man who was knocked from his bicycle by a lorry and killed on his way to work has been awarded £55,000. The man was killed instantly when he was knocked from his bicycle and fell under the wheels of a lorry. The fatal accident..
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
Compensation of £370,000 for head injuries
A man working as an electrician who sustained serious head injuries and lost the sight in an eye in an explosion at a factory has been awarded £370,000. He was due to carry out electrical modifications to switchboards at the factory when the..
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
Injured health worker gets compensation
A health worker has received £3,000 after she was injured in a work accident.
She was employed as a healthcare assistant. On the day of the accident she was attending to a patient who fainted and slumped straight down. She caught the patient..
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
Hand and arm vibration syndrome damages
A man working for a gas company has been awarded £15,000 after developing hand and arm vibration syndrome (HAVS) from repeated use of vibrating power tools in the course of his job. During his daily working routine he used a range of vibrating..
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
£127,454 for mesothelioma widow
The widow of a man who worked as a machine setter has been awarded £127,454 following her husband’s death from mesothelioma. He joined the company as an apprentice in the machine shop in 1961 and was exposed to asbestos from 1961 to 1978..
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
£120,000 damages for broken heel
A man who was off work for more than two years after breaking his heel has received £120,000 compensation. The man broke his heel when he slipped on a ladder attached to his van while he was working. He was using the ladder to access the..
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
Damages for printer exposed to dangerous chemical
A printer who was exposed to a dangerous chemical in the workplace has received a substantial sum in compensation after being diagnosed with kidney disease following years of exposure to hazardous substance toluene. He was exposed to the solvent..
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
£45,000 compensation for nurse’s back injury
A nurse who damaged her back while trying to move a faulty hospital bed has won £45,000 compensation. She was forced to leave her job and give up nursing. The Trust settled the claim on the first day of the hearing. She hurt her neck after..
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
£41,000 for traumatised train driver
A man who was forced to jump out of the way of a runaway train has received £41,000 in compensation for post traumatic stress disorder. His employers admitted liability and settled out of court. The man took early retirement after being signed..
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
Excessive noise injury award
A woman who was exposed to excessive noise while working as a weaver from 1959-1998 has received more than £7,000. She was exposed to noise being made by weaving looms in the factory. She was only given adequate protective equipment in 1995...
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
Damages for electric shock at work
A man has received £15,000 compensation after he was injured from an electric shock at work. He was instructed to switch off a fan assisted radiator using a switch under a metal casing. There were live terminals under the cover and as he moved..
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
Over £2.2mn for brain damaged cyclist
A man who sustained multiple injuries when a car driver lost control and drove into him has won £2,235,850 in compensation. He was cycling and had stopped at a right hand corner of the road when he was struck by a car in 2003.
He suffered..
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
Street cleaner hit by car wins damages
A man employed by a county council as a street cleanser has been awarded more than £71,485 after sustaining serious leg injuries when his works vehicle was hit by a drunk driver driving the wrong way on a road. He broke his right leg from the..
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
Chemical cleaner injury award
A supermarket employee has received almost £9,000 in compensation following an accident at work. She worked as a general assistant at the supermarket petrol station. She was asked by her manager to clean a fridge with chemical cleaner which..
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
Occupational dermatitis damages
A man working as a plater has been awarded substantial compensation after he developed occupational dermatitis which forced him to give up his job. During the course of his daily work in the plating department he had been exposed to chromates which..
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
Compensation for trapped hand
A man employed as a springmaker has been awarded £95,000 for the serious injuries he sustained when his hand became trapped in a machine. He was setting up a machine known as ‘Long Tom’ when it suddenly activated, trapping his left..
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
£280,000 for assaulted teacher
A teacher who was assaulted by a pupil during the course of her work as a special needs teacher has received £280,000 from the Criminal Injuries Compensation Authority (CICA). The assault occurred when a 13 year old male pupil grabbed hold of..
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
£100,000 in compensation for mesothelioma death
More than £100,000 in compensation has been paid to the widow of a former painter who died from mesothelioma as a result of exposure to asbestos. He was exposed to asbestos for a number of years in the early 1970s when he was employed as a..
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
Award for lost finger injury
A man working as an operations technician has been awarded £16,000 after he lost part of his finger in an accident at work. He was using a torque air gun to secure the bolts onto the weights on a truck when the incident occurred. As he..
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
£19,275 compensation for knee injury
A man working as a line operator at a paper mill has been awarded £19,275 after he injured his knee in an accident at work. He had worked at the company for 27 years, and was injured when he slipped on leakage from a waste bin as he walked on..
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
£25,000 damages for tenosynovitis
A woman who worked as a customer service adviser for a financial services company has been awarded £25,000 after she developed upper limb disorder as a result of her work. She developed the condition of tenosynovitis of the right upper limb..
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
Mesothelioma sufferer wins £120,000
A man who worked in the shipyards in Tyneside from the 1950s to the early 1990s has been awarded £120,000 after being diagnosed with mesothelioma. He was exposed to asbestos on a daily basis, often working in areas where laggers were spraying..
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
£143,200 for family of mesothelioma victim
The family of a man who worked as an engine operative has been awarded £143,200 following his death from mesothelioma. He was exposed to asbestos when using an asbestos sleeve to protect himself from the heat as he carried out his job at the..
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
Hit and run victim compensated
An elderly man has received £15,000 compensation after he was injured in a hit and run. He was walking his dog in the local park and, as he is unable to walk far due to arthritis, had decided to sit on the tailgate of his car with his dog off..
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
£20,000 for trip leading to disability
A woman who was left disabled after she tripped on a faulty step at work has received £20,000 in compensation. She was working as an administrative officer for the Department for Work and Pensions Jobcentre Plus. The company which maintained..
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
Court of Appeal dismisses unlawful harassment appeal
The appellant company appealed against a decision refusing to strike out a claim brought against it by the respondent for damages for unlawful harassment. The respondent used to be a customer of the company’s, but when she switched to another..
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
Disability Discrimination Act comparator
The test for the correct comparator in cases of disability-related discrimination in the employment field under section 3A of the Disability Discrimination Act 1995, was the same as that applied to the housing provisions of the Act by the House of..
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
Harassment under Race Relations Act
A remark made by an employer to an employee of Indian ethnic origin referring to the possibility of her being “married off in India” had the effect of violating her dignity and constituted harassment within the meaning of section 3A of..
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
Ruling on disability claim being out of time
The onus was on the claimant in a case brought under the Disability Discrimination Act 1995 to decide when something should have been done about an omission and to bring a claim within three months of that date.
The Court of Appeal so held in..
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
Compensation for injured nurse
A nurse who seriously injured his wrist during an attempt to open an old ward window has been awarded £11,000 in compensation. He was opening the window for a patient in the ladies toilets at a hospital. The old fashioned Victorian window had..
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
Philip Morris ordered to pay $8mn in damages
Philip Morris has been ordered to pay $8m in damages to the widow of a smoker who died of lung cancer, according to a report in the Los Angeles Times. The jury awarded Elaine Hess, whose husband died in 1997 having been a chain smoker for most of..
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
Construction inquiry calls for race discrimination evidence
The Equality and Human Rights Commission is inviting employees, employers and organisations representing the construction industry to submit evidence for a formal inquiry into race discrimination in the sector.
Evidence suggests that despite the..
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
Small claims personal injury cases “a thing of the past”
Analysis of the latest version of the JSB Guidelines (ninth edition) suggests that ‘small claims’ personal injury cases are becoming a thing of the past, according to law firm Browne Jacobson. The guidelines, which are used by courts..
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
Aon report on P&I renewal season
The recent 2009/10 P&I (protection & indemnity) renewal has seen yet more premium increases for shipowners. Underwriters have been seeking rises ranging from 10% to 29% (and more for owners with unsatisfactory records) for the 2009/10..
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
Warning over Medical Device Safety Act
The American Tort Reform Association has issued a warning over plans to reintroduce the Medical Device Safety Act. According to ATRA president Tiger Joyce, Sen Edward Kennedy and others are expected to formally reintroduce the bill shortly, in..
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
VCJD infection in haemophiliac
The Health Protection Agency (HPA) has revealed that evidence of infection with the agent (abnormal prion protein) that causes variant Creutzfeldt-Jakob Disease (vCJD) has been found at post mortem in the spleen of a person with haemophilia.
The..
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
HSE urged to resist new company director duties
EEF, the manufacturers’ organisation, has urged government and the Health & Safety Executive (HSE) to resist pressures for new legal duties on company directors, following a survey which showed a substantial increase in the number of..
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
Turner and Newall workers to keep government compensation
The government has announced its intention to allow a group of Turner and Newall (T&N) workers with asbestos related diseases to keep their full government compensation alongside that paid by the company.
The government currently recovers the..
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
Stressed employees don’t talk to managers
Less than one in three employees (30%) would discuss the stresses of their job with their managers, preferring instead to speak to people outside of the workplace such as their GP, friends or family, according to a survey by Aon Consulting. The..
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
National coalition on child safety education
A new national coalition is aiming to equip children and young people with the skills to manage their exposure to danger. The Child Safety Education Coalition (CSEC) is being established by the Royal Society for the Prevention of Accidents (RoSPA)..
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
Slips, trips and fall incidents in UK
A total of 61 people died and more than 14,000 suffered serious injury as a result of a slip, trip or fall from height in British workplaces last year, according to the Health and Safety Executive (HSE). Fatalities and serious injuries arising from..
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
HSE launches new stress website
The Health and Safety Executive (HSE) has unveiled a new stress website that aims to help businesses prevent work-related stress. The website includes updated advice and guidance, tools to help prevent stress at work, a self-assessment..
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
Report on depression from Mental Health Foundation
Individuals returning to work following absence due to a physical condition such as back pain, cancer or heart disease are at risk of mild to moderate depression, yet those who do become depressed worry about telling their employers, according to a..
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
UCATT warns over employers’ attitude to health and safety
Construction union UCATT has warned that a senior figure in the construction industry “has revealed the true thinking of many employers about health and safety in the industry.”
In an interview in the magazine “Construction..
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
D&O insurance renewal warning from JLT
Jardine Lloyd Thompson Limited (JLT) has warned that companies should expect a much more intrusive underwriting process when it comes to renewing Directors’ and Officers’ Liability (D&O) insurance.
Michael Lea, head of D&O..
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
Increase in litigation against executives predicted
Marsh has launched a report highlighting the key risks companies face as the global economy slows and advice about how to tackle them. The report, “Managing Through the Downturn,” highlights issues around capital management, liability..
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
UK law firms lack cover for employment law breaches
Only 17% of the top 100 UK law firms have insurance cover for defence costs and awards in relation to employment law breaches, compared with 75% of their US counterparts, according to Aon Global Professions. Aon said that UK law firms are at high..
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
Personal Injury Claims Assessment Service launched
Insurance Services Office (ISO) Limited has launched the Personal Injury Claims Assessment Service (PICAS), which it claims is the industry’s first solution to entirely digitise the claims process for personal injuries.
ISO said that PICAS..
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
Call for action on work-related driving deaths
The Royal Society for the Prevention of Accidents (RoSPA) has said there is “massive scope” for co-ordinated global action to reduce the number of people killed and injured when they are driving for work.
Roger Bibbings, the safety..
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
IT consultants exposed to costly legal claims
Hiscox has warned that the economic downturn is likely to expose IT consultants to potentially costly legal claims for delivering a product or service that clients allege does not meet their expectations.
According to Hiscox, a defective product..
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
US financial sector’s D&O costs increase
Directors’ and officers’ liability insurance costs for the US financial sector increased 50% in the fourth quarter of 2008 compared with that of 2007, according to the Quarterly D&O Pricing Index produced by Aon Corporation’s..
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
Police public liability ruling upheld by Court of Appeal
The Court of Appeal has clarified a long-standing grey area on what constitutes a legal liability to pay as ‘damages’ in a public liability insurance policy.
According to Eversheds, in 2002, Bedfordshire Police Authority received a..
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
EAT rules on Insolvency Act 1986
THE practice of some employment judges rejecting claims against companies in administration due to lack of consent from administrators, has been rejected by the Employment Appeal Tribunal.
According to the union Unite, the Insolvency Act 1986..
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
Growing calls for Employers’ Liability Insurance Bureau
The Association of Personal Injury Lawyers (APIL) has backed Hendon MP, Andrew Dismore, in his call for the government to set up an Employers’ Liability Insurance Bureau (ELIB), which would act as a compensation fund of last resort for..
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009
Looking ahead - personal injury claims developments in 2009
By Angela Hanmore, Eversheds
Online Published Date:
16 March 2009
Appeared in issue:
223 - 01 March 2009