March 18th, 2010
A north London homeowner has succeeded in her fight with a Polish builder over a potential six-figure injury compensation payout.
Tomasz Kmiecis suffered a shattered right elbow and serious hip and thigh injuries after falling from a ladder at the home of Nadia Isaacs home in north London. His injuries are so severe that he is unable to work again as a carpenter and builder.
Mr Kmiecis was attempting to fix a leaky garage roof when he fell, blaming the fact that the ladder he was using – which belonged to Mrs Isaac – was too short for the job.
Mr Kmiecis was sub-contracted for the repairs by the firm Armag Decoration, who paid him a daily rate of between £60 and £80 pounds. The firm did not have insurance to complete the work and insisted on attempting the job despite the lack of suitable equipment. They also concealed the accident from Mrs Isaacs, and she was unaware of any incident until three months later. A judge later described the firm as ‘cowboys’.
Mr Kmiecis’s legal team had attempted legal action against Mrs Isaacs, as Armag Decoration had no insurance to claim off. They claimed that as the ladder belonged to her, liability for the accident lay with the homeowner too. They also claimed that she was negligent in not allowing the workmen access to the flat roof through her sons bedroom window.
However the judge in the case exonerated her of all responsibility, deeming liability lay firmly at the feet of the employer. He expressed regret that Mr Kmiecis would not receive injury compensation but admitted the fault of this was the failure of the employer to provide adequate insurance.
Tags: injury compensation
Posted in Accidents at Work
March 18th, 2010
A Lincolnshire woman has received £500,000 cancer misdiagnosis compensation after screening failed to alert her to her cervical cancer.
Thirty one year old mother Sam Burn was screened for the disease in 2001, but due to an error was not told about the disease for a further three years. She subsequently had to undergo more aggressive treatment and this has left her infertile, with mobility problems and in constant pain.
Ms Burn spoke of her anger at the error saying; “I am on a lot of pain medication but sometimes it is so bad my husband has to lift me into the bath or into bed.”
She also regretted the fact that although Peterborough and Stamford Trust had apologised for the error, they still had not explained just exactly how an error like that could take place.
A spokesperson for the NHS Trust stated; “The trust deeply regrets the errors in reporting Samantha’s cervical smear test in 2001 and formally apologised to Samantha.” They also went on to say that such incidences are rare and that procedures had been reviewed to ensure such mistakes don’t happen again.
The exact amount of cancer misdiagnosis compensation has not been revealed although it is believed to be in the region of £500,000. The figure is thought to be high due to the inability of Ms Burns to have anymore children.
Tags: cancer misdiagnosis compensation, diagnosis error, Medical negligence
Posted in Medical negligence
March 17th, 2010
A Latvian man who came to England to work is seeking spinal injury compensation after being paralysed in a horrific crash in July 2008.
Jevgenijs Samohins was the driver of a Toyota MPV that was hit head-on by a heavy goods vehicle. The crash – which took place on the A141 – killed three fellow Latvians who were passengers in the vehicle. Two of these were not wearing seatbelts. All seven Latvians who were travelling in the vehicle at the time of the accident had only been in the country for a few days after arriving from their homeland to work.
Mr Samohins has been left with a “significant degree of paralysis” from his spinal injury, and is seeking compensation accordingly. He is adamant that the accident was not his fault and maintains that the incident was caused by the HGV – a scania skip lorry – moving onto his side of the road. Despite Mr Samohins attempts at an emergency avoidance procedure, a head on collision ensued. The driver of the HGV – Dennis Ellingham was unhurt in the accident.
Mr Samohins spent months in hospital recovering from his injuries and is now unable to work. He is claiming spinal injury compensation from the insurers of the heavy goods vehicle to provide compensation for his injuries, and to provide for his care in the future.
Tags: spinal injury compensation
Posted in Road Traffic Accidents
March 17th, 2010
Police forces in Scotland are paying out thousands of pounds in car accident compensation every year to those injured by their drivers.
Scottish forces have made to release figures for the amount of compensation they have paid out to victims of collisions with police vehicles from January 2008. Due to the often prolonged nature of injury claims, there have been no injury payouts so far for incidents that happened after April 2009.
The largest force in Scotland, Strathclyde Police, paid out £255,744 in claims during the said period. However, this figure includes the claims paid for vehicle repairs that constitute the bulk of the figure. Strathclyde force refused to break down the figure into further detail due to time constraints.
Lothian and Borders Police however admitted that they have spent nearly £12,000 alone on claims to people who suffered personal injury as a result of a road accident where the police were at fault. Dumfries and Galloway Constabulary reported that they paid out a similar figure.
It is worth remembering that the compensation payouts are paid by the insurers of the relevant forces rather than the force itself. In all cases included in these figures, the Police admitted liability or were proved to be at fault. Therefore, the third parties involved in these cases were fully entitled to receive the correct car accident compensation amount.
Tags: car accident compensation
Posted in Road Traffic Accidents
March 16th, 2010
A 60 year old man who was thrown off his mobility scooter by a hole in the road is contemplating an injury compensation claim. 25 stone Spencer Pindus was lay face down in the road for more than 30 minutes, causing the closure of the road in Romford, Essex. The pothole accident caused Spencer to suffer some injuries.
Mr Pindus needed stitches and hospital treatment after suffering a bloodied nose and bruising from the fall in South Street. He later described the incident by saying; “I was crossing the road when my chair went down a hole, just stopped and I fell out. I was face down, I had to wait 40 minutes for the ambulance to get me. There was so much traffic.”
The 60 year old former bus driver suffers from Multiple Sclerosis and relies on his mobility scooter to get around town. He is contemplating an injury compensation claim for the injuries and stress he has suffered.
Havering Council have now reported that the pothole has been filled. A spokesperson said; “The hole was immediately fenced off after the accident and has now been filled in. We are currently investigating exactly what caused this hole to appear.”
A 60 year old man who was thrown off his mobility scooter by a hole in the road is contemplating an
injury compensation claim.
Tags: injury compensation claim, mobility scooter accident
Posted in Personal Injury Compensation
March 16th, 2010
A woman left brain-damaged after surgery at a Hampshire Hospital has been awarded £3.45 million in her medical negligence claim.
Grannia East underwent surgery for gallstones at the Royal Haslar Hospital during 2001. During the procedure Ms East choked on her own vomit causing her to suffer a cardiac arrest. The lack of oxygen to her brain has left her in a wheelchair and suffering from memory problems.
The administrators of the hospital – The Ministry of Defence – forced the case to The High Court after denying liability for Ms East’s injuries. After a long battle over liability, she finally won her case on Monday. The amount of compensation awarded for her medical negligence claim was so large due to the severity of her injuries. The money will help provide for her ongoing care for the rest of her life, as well as adapting the family home to suit her changed needs. The Judge in the case praised the “astounding care, love and kindness” she has already received from her family.
Her husband Shawn East spoke of the result saying; “It means that we can now get on and adapt a property for Grannia that is a suitable place to care for her.”
Tags: medical negligence claim, surgical error claims
Posted in Uncategorized
March 15th, 2010
A 53 year old motorcyclist knocked off his bike in Manchester has won a substantial injury compensation claim worth £1.25 million.
Stuart Bridge from Radcliffe, was travelling to work through Deansgate in Manchester City Centre when he was knocked from his bike by an uninsured young motorist. The driver – 21 year old Carli Bates – later pleaded guilty to driving without due care and attention and driving without insurance. She received six penalty points on her license and was fined £200.
Mr Bridge suffered serious brain injuries in the crash as well as fracturing his spine and pelvis. The head injuries he has undergone have left him with balance problems, poor concentration and speech trouble. Since the accident Mr Bridge has been unable to work and has been forced to give up his job as a head green keeper at a local Golf Club. He has also been forced to give up his passion for being an amateur Sunday league football referee. The severity of his injuries led him to make a motobike accident compensation claim.
As Ms Bates was an uninsured driver, Mr Bridge’s injury compensation claim was made against the Motor Insurance Bureau. The MIB pays compensation to victims of uninsured drivers. He was awarded £1.25 million for his injury with an additional £57,500 a year to provide for his care. The large amount was awarded to pay for a new house and car that are suitable for his care needs. The compensation will also pay for his ongoing care. As part of his compensation, football fan Stuart was awarded a season ticket for life at his local club Bolton Wanderers.
Tags: injury compensation claim, motorbike accident compensation claim
Posted in Road Traffic Accidents
March 15th, 2010
A worker at a university who has had to take time off work for stress after suffering a vast increase in his workload has won his claim for compensation.
Mark Bannister had been working 65 hour weeks under extreme pressure before he was taken ill. The workload for his job as a programme manager at Staffordshire University – which involved organising international students’ courses – had increased dramatically after incidences beyond his control.
The increase happened after one of his colleagues committed suicide and other members of staff left their positions. These workers were not replaced by the University and that left Mr Bannister’s team doing the work of 6 people between just 4 members of staff. Despite complaining about the problem and the 65 hour weeks he was working, the University did nothing to help relieve the pressure.
Mr Bannister has a history of anxiety and depression and was forced to sign himself off sick with stress in September 2007. He has been unable to return to work since. His legal team successfully argued that the University was negligent in allowing its workforce to be so overworked and come under so much pressure. Mr Bannister therefore won his claim for compensation and was awarded with a payout of £110,000.
Tags: claim for compensation
Posted in Personal Injury Compensation
March 12th, 2010
New official figures released by ‘Defence Analytical Services and Advice’ reveal that nearly two thirds of appeals against an initial refusal to grant injury compensation to wounded servicemen and women are successful. Under the current scheme decisions on awarding compensation are taken by the Armed Forces Compensation Scheme. They are increasingly coming under pressure for being too harsh in their assessment of compensation claims.
1,445 cases of servicemen being refused compensation were appealed in the period from 2005-2009. Due to a backlog of cases, a decision on the appeal has been made in only 1,265 of these cases. In 845 cases they were successfully awarded an injury compensation payout that they were refused the first time around. In some cases where an initial payment was granted, that amount was increased to a more suitable figure.
The Armed Forces Compensation Scheme has been controversial ever since its introduction in 2005. Many widely believe that the scheme provides insufficient amounts of compensation to wounded soldiers, and the scheme is set to be revamped by Defence Secretary Bob Ainsworth.
Tags: injury compensation, military injury claim
Posted in Accidents at Work
March 12th, 2010
A teaching assistant from Worcestershire has won her work accident compensation claim after being hit by a falling climbing frame. The 49 year old was pulling out the climbing frame – which is attached to a wall - in the school sports hall. A large metal bar from the frame fell and was grabbed by Ms Belcher to protect the children underneath.
Ms Belcher suffered whiplash injuries and severe bruising and was unable to go back to work for seven weeks. Everyone is sure that her heroics saved the young children she was working with from suffering serious injuries.
A spokesman for the union Unison said; “This accident must have come as a shock to Julie and if it wasn’t for her quick thinking and selflessness some of the children may not have survived.”
Julie herself said of the incident; “I had six young children pulling out the equipment with me, who would have died if it had fallen on them.”
Ms Belcher is still suffering from the accident and is waiting to have surgery on her injuries. The claim for compensation was made against the company who were contracted to secure the climbing frame to the wall.
Tags: claim for compensation, work accident compensation claim
Posted in Accidents at Work