Injury compensation claims

Campaigners on behalf of ill former slate mine workers have raised fears over the Government’s delay in offering industrial disease compensation.

Plans were being thought out by the previous Labour government to provide a fund for compensation claims and a body tasked with tracing insurance companies who covered the now defunct slate mines. The fact the mines are no longer in business means finding who to claim compensation from can be difficult. However, the new Conservative and Liberal Democrat government seems in no rush to implement these ideas.

The Department of Work and Pensions has said it will consider the ideas but did not set a date as to when this would occur. Now campaigners fear that the proposals will fall victim to the numerous cuts being outlined by the new government in a desperate bid to save money wherever it can.

Many slate workers employed in the mines of north Wales have developed lung and chest problems in later life. This comes from inhaling slate dust prevalent throughout their work area in times before protection for workers was deemed necessary. Many feel they have been poorly treated compared to coal miners.

Ted Oliver, a former union official – who himself suffers from pneumoconiosis – spoke to the BBC about the poor way former miners were treated. He reported it was “a battle” to get compensation money for affected slate workers.

For the people who have been fighting for years to get compensation it is a case of waiting to see if the new government will help them in their fight.

A US serviceman who suffered severe injuries after being involved in a car crash in the UK has won his road traffic accident claim for compensation.

The Eastern Daily Press is reporting that Juan Feliciano-Diaz was a staff sergeant in the US air force, and was stationed at RAF Lakenheath back in 2006. He was involved in a catastrophic accident while driving his jeep around the roads of Suffolk, when his vehicle collided with a Volkswagen Caravelle. The crash left him with multiple injuries.

These injuries included damage to his elbow, pelvis and right leg, and he was rushed to hospital in Bury St. Edmunds, where he was treated for his wounds. He was unable to make a full recovery from the crash and was discharged from the air force on medical grounds in late 2007.

Mr Feliciano-Diaz went on to claim compensation for his injuries, and has just been awarded a little under £500,000 in damages. This figure is so high to cover the loss of earnings and pension due to being discharged from the air force. He is currently unemployed.

The figure is also so high due to the severity of his injuries, and to cover medical costs. The money will mean Mr Feliciano-Diaz will be able to return to America to undergo further surgery on his injured leg.

A company boss has been forced to pay £50,000 in injury compensation to one of his employees after a pallet fell on him.

The Bournemouth Daily Echo newspaper is reporting that Gary Hounsome has been left disabled after the serious accident at work in November 2006. He was hit by a falling pallet full of tiles as he was unloading a container in Poole. The impact of the pallet caused multiple fractures, serious enough to need several operations. The injuries have left a lasting effect on Mr Hounsome’s quality of life, and he now needs the help of a stick to be able to move around effectively.

Businessman John Samtani owned the premises where the accident happened, and was taken to Doncaster Crown Court for breaching Health and Safety regulations. The Borough of Poole Council, who brought the prosecution against him, argued that there was a “blatant disregard for health and safety considerations.”

Mr Samtami was fined £30,000 and ordered to pay Mr Hounsome £50,000 in compensation. He was also ordered to pay legal costs of £25,000. He has a total of 12 months to pay the fine and compensation otherwise he could be subjected to a prison term.

Reportedly Mr Samtani announced his wish to appeal against the decision after the verdict was announced.

The family of a woman who went to Lourdes for a cure and returned with both legs broken are making a compensation claim for thousands of pounds.

The Daily Mail is reporting that Patricia Mitchell went on a pilgrimage to Lourdes on a trip organised by HCPT: The Pilgrimage Trust and Disabled Together. The devout Roman Catholic has suffered from cerebral palsy for the whole of her life. She went to the sacred sight back in August 2005 to try and get a cure for her condition. Roman Catholics believe that the spring water from the grotto in the southern French village has healing properties. The Catholic Church has officially recognised 67 miraculous healings attributed to the healing power of the water.

Far from returning cured though, when she got back to her home in County Durham, it was discovered that she had broke both her legs. It emerged later that she had fell from a hoist used to move her and fallen a distance of four feet. She had broken her left leg in three places while also breaking her right in one. The injuries were severe and she spent weeks in hospital for treatment. Sadly she passed away earlier this year. Now her two sisters are suing, claiming that she never recovered from the trip. They believe that if she hadn’t have fell than she would still be with them today. The matter is currently under review by The Pilgrimage Trust’s insurers.

A company has been fined after an accident at work left a man with his foot crushed in a paving machine.

Alan Seviour was working for the construction firm John Wainwright and Co Ltd when the incident occurred in August 2008. He worked as a delivery driver, but had been asked to carry out some relief work on road surfacing operations they were undertaking. Mr Seviour went to clear the material from the front of the surface paving machine they were using as it was spilling out. He was walking backwards as the machine was in motion. His foot became trapped and was crushed between a speed bump and a bar on the machine.

The foot injuries he suffered were devastating and unfortunately he had to have the lower part of his leg amputated.

John Wainwright and Co Ltd was prosecuted by the Health and Safety Executive in regards to the accident. The company pleaded guilty to breaking the Health and Safety at Work Act 1974 at Taunton Magistrates Court recently. They were fined £10,000 and made to pay legal costs of over £8,000.

A spokesperson for the HSE explained that although the surface paving machine is slow moving, it is unsafe for anyone to work in front of it. Mr Seviour still works for the company as a delivery driver in a specially adapted van.

It is unknown whether he made an accident at work compensation claim for his injuries.

A butcher from Rochester has been awarded a quarter of a million pounds after an amputation compensation claim against the NHS.

Ian Watts suffers from diabetes, and was admitted to hospital with an infection in his little toe in 2004. He was taken to Medway Maritime Hospital in Kent where he suffered from a series of medical mistakes.

KoS media newspaper group is reporting that Ian had developed an ulcer on his toe, and medical staff said the only solution was to amputate it. Despite this amputation his left foot developed severe pain and its condition worsened. Staff then took the decision to amputate his left leg below the knee. After this operation he developed an ulcer on his right foot, and was told that this would be amputated too. This time however, a second opinion was sought and a lengthy operation managed to save the foot.

Mr Watts alleged that a series of errors led to him losing his left leg. He also claimed that errors led to him nearly losing his right foot. These errors include not monitoring his diabetes and blood sugar levels adequately, and failing to examine his right leg.

The amputation has had a great effect on Mr Watts’s quality of life, and he sued Medway NHS Trust for compensation. After a lengthy battle, the Trust has settled out of court, with Mr Watts receiving £250,000 in compensation.

A Scottish grandma has received injury compensation after being given a wrong prescription by a pharmacist that could have been life threatening.

The Daily Record newspaper in Scotland is reporting that Margaret Kelly had got a friend to pick up a prescription for her from Morrisons supermarket. The prescription was for a steroid to help with a nasty chest infection, but she was mistakenly given powerful heart drugs instead. Unaware of the mistake, the 63 year old took eight tablets immediately upon receiving the drugs as her GP had advised her to do.

Shortly after this she received a phone call from Morrisons pharmacy who had noticed the mistake. They questioned whether she had already took the drugs, and after hearing that she had, advised her that she needed an ambulance ‘immediately’.

Paramedics arrived at her home 10 minutes after the phone call, and she was taken to Victoria Infirmary, Glasgow. Her heart rate dropped considerably and doctors informed her that the drug intake could prove fatal.

Fortunately, Margaret made a full recovery from the incident and received an apology from the supermarket. They also gave her compensation of £3,000. A spokesperson for the supermarket declared that all staff were highly trained and that such incidents were extremely rare.

A boy has won his £3 million brain injury claim after suffering life changing injuries in a car crash as a baby.

Ben Eeles was just a toddler when he was involved in a horrific incident, in which a car was hit by a coach on the A12 in which he was a passenger. The distressing collision happened near Hopton in Norfolk, and unfortunately resulted in several fatalities.

Essex County Standard newspaper is reporting that Ben suffered severe head and brain injuries in the accident which have dramatically affected his life. Although he is still a physically fit child, able to run and play with friends, the brain injury does cause struggles. The injury causes Ben language and concentration problems, which mean that he will require care for the rest of his life.

Liability for the accident had been admitted some years ago by the coach operators Cobham Hire Services. Compensation for the 12 year old has now been agreed by all parties. This will comprise of a lump sum payment – thought to be in the millions of pounds – coupled with annual payments designed to meet the costs of care, and provide security and peace of mind for the rest of his life. Although the exact settlement figure has not been release, it is thought to be at least in the region of £3 million pounds.

Qantas airlines have ended up in court after being sued for injury compensation by an American passenger.

Jean Barnard had alleged that staff for the airline were negligent in not protecting her safety. The American tourist had boarded a plane in Alice Springs on a flight bound for Darwin. She sat at her assigned seat next to a three year old boy across the aisle. Without warning the boy leaned across his armrest and screamed at the top of his voice.

The Sydney Morning Herald newspaper is reporting that the scream had a severe effect on Ms Barnard and blood started to pour from her ears. She was helped off the plane and taken to Alice Springs hospital. The incident caused her severe pain and has left her with complete hearing loss. No other people were injured in the incident.

Since the incident in 2009, Ms Barnard has been involved in a lengthy compensation battle with Qantas seeking a damages settlement for her hearing loss, psychological trauma, loss of earnings and medical costs.

Her case revolved around the claim that Qantas staff failed to take precautions to prevent the accident happening. Qantas countered this by arguing that they cannot be held responsible for an unpredictable child, especially as he showed no signs of screaming at the terminal or on the plane before the screaming incident. They also argued that Ms Barnard’s hearing was damaged before the trip and that she wore hearing aids.

A settlement was reached out of court last week although the details of this have not been released.

A woman is suing the police with a head injury claim for £200,000 after suffering devastating injuries in a road accident.

The Shetland Times newspaper is reporting that Rachel Rosie suffered the serious injuries in an accident on the 15th August 2006. She drove into the back of a lorry as it suddenly stopped while turning off a three lane section of a high speed road near Lerwick on the Shetland Isles.

The lorry was prevented from exiting the road as a police car was sat in the cattle grid blocking the way, waiting to catch speeding drivers. The view of the grid is blocked by walls and is used regularly by patrol cars to watch motorists. Although Mrs Rosie tried to make an emergency stop to avoid the lorry, a van swerved towards her from the different lane trying to avoid the lorry. This caused her to swerve and hit the stationary vehicle.

She suffered severe head injuries which have left her with lasting health problems. She still suffers pain, has a lack of agility in her right hand, and has suffered numerous psychological problems. These include personality changes and unusual emotional reactions.

Mrs Rosie is now making a claim for compensation against the police for the injuries she has suffered, as she feels that they were to blame for the accident. The case will be heard in Lerwick some time in October.