Protection at last for EU investors

At last the European Commission has come up with a proposal to safeguard European Union account holders from failing banks.

The Commission has made a proposal that the current rules should be strengthened to protect holders of bank accounts and retail investors.

The proposal looks to restore investor confidence after the worst financial crisis since the 1930s, resulting in the reduction of domestic savings and also the bailing out of banks.

The European Parliament and its member states will have the final say on this proposal.

If approved, this would mean anyone who deposited money say from a compensation claim or their life savings would be protected. The national deposit guarantee schemes protect the bank account holders for up to £84,000 per account per bank from the end of 2010

This would double the minimum compensation levels covered by 95 percent of all EU bank account holders and from the end of 2013; customers would get their deposits back within seven days, compared to three months at present.

Slips trips and falls are the most common work accident compensation claims and make up around 36% of injuries.

Accidents at work are made up from tripping over wires, falling from heights as well as other injuries sustained when incorrectly handling, lifting and carrying objects and also being hit by moving items such as vehicles or falling objects.

During 2009 the economy in the UK saw 4.7 million days lost because of accidents at work.

Employees were forced to take time off from work to seek medical treatment or in some case unable to work at all due to a work related injury. This means loss of earnings for the time the employee’s are off work and in some cases where the injuries were very severe, employees were unable to return to work.

You may be entitled to claim for compensation if you ever sustain an injury from an accident at work. When you claim for compensation this will include any payout for injuries sustained in the accident and any loss of earnings you may have incurred whilst you were unable to work.

Marcus Jeffery a 23 year old trainee bricklayer from Cornwall has won a compensation claim payout of more than £1 million, for serious injuries that were suffered as the result of a road traffic accident.

In 2003 Mr Jeffrey then 16, was a passenger in the front when the driver lost control of the vehicle and overturned it several times.

Mr Jeffrey received life threatening injuries as a result of the road traffic accident that included a collapsed lung, factures to the spine and a complex brain injury, which was probably caused by a starvation of oxygen to the brain in the after effects of the crash. The full extent of the brain injury took some years to materialize.

Mr Jeffrey’s life was destroyed by the car crash and agreed to the final settlement and although the actually amounts have been undisclosed, Mr Jeffrey’s injuries are so severe that the compensation claim payout is said to be worth more than £1,000,000.

The judge told Mr Jeffrey “Whatever monies come to you will never compensate you for your injuries.

“What I hope that they will do is give you a decent quality of life and, within that life, a proper level of support.”

Carolyn Corr, of Creekmoor has started a claim for compensation, which could run into millions for her husband who was killed in a horrific road traffic accident in April 2007.

Two drivers, Peter Bowyer and Graham Hooper were speeding along the A36 in Wiltshire bumper to bumper and overtaking each other in a reckless high speed race, when Mr Corr became the victim of the high speed race.

Mr Bowyer was jailed for six and a half years and banned from driving for seven years for causing death by dangerous driving. The other racer, Mr Hooper was also killed in the road traffic accident.

A writ has been issued against Mrs Hooper for a compensation claim of more than £300,000, by Mrs Corr.

The jury was told during Mr Bowyer’s trial that the two racers had been caught up in several incidents of dangerous and competitive driving. Although a procedural judge has been brought in to oversee the initial stages, date has yet to be set for the claim hearing.

Mr Corr and Mr Hooper, died at the scene of the road traffic accident and three others were injured. The police described Mr Corr as a completely innocent party.

Fatal Accident Compensation claims have decreased over the past twelve month for fatal accidents at work.

New figures released by the Health and Safety Executive (HSE) for the number of workers in the construction sector who were fatally injured, show that between 1 April 2009 and 31 March 2010:

41 workers in the construction industry were killed at work, comparing that figure with the average of 66 workers over the past five year’s. Compared with the figures for 2008/09 when 52 workers died, the figures show a fall of 21%.

The construction sector has rate of 2 fatal injuries per 100,000 workers, making this one of the most dangerous industries in which to work.

A spokes person for HSE’s said:

“While it’s heartening to see a continued reduction in the number of deaths in construction, it’s tempered by the fact that 41 workers failed to come home to their families last year because of avoidable safety failings.

“Construction continues to be one of the most dangerous industries in Great Britain and employers and workers must continue to take an uncompromising approach to safety.

“It’s too soon to say that the decrease in fatalities is down to any particular reason, but it is imperative that as the economy recovers, health and safety is seen as a priority – we know from past experience that economic recoveries tend to lead to an increase in worker deaths.”

With the down turn in the construction industry it would also be logical that with fewer people employed the numbers of Compensation claims for accident at work would also fall.

If you have been injured at work, you could have a claim for compensation against your employer if they have not fulfilled their duty of care.

A Scottish woman, who suffered as the victim of a stalker for years, is starting a compensation claim against the perpetrator. It is the first civil case in Scotland and the claimant is hoping it will instigate justice for fellow victims too.

Ann Moulds was the victim of stalker Alex Reid for two and a half years. She lived in constant fear and was forced to leave her home town of Ayr. She describes how it all started with a Valentine’s Day card in 2004. Her initial amusement soon turned to disgust as she opened the card and read the ‘filth’ inside. Mr Reid later progressed to sending her pictures of him in women’s underwear. Ms Moulds was forced to leave her job at a podiatry clinic due to its isolated location. She also decided to leave her home town of 30 years, Ayr, to try and escape the relentless worry she felt.

Alex Reid was convicted of offences regarding breach of the peace in 2008, as there are no stalking laws at present in Scotland. He was given 260 hours community service, three years probation, and placed on the sex offenders register. He was forbidden from contacting Ms Moulds again.

Ms Moulds is making the compensation claim to recompense her for the fear, stress and anxiety she was forced to suffer.

The family of a teenage cancer sufferer tragically given an overdose of radiation during her treatment have vowed to continue their compensation claim fight.

Lisa Norris sadly passed away at the age of 16 after battling hard against a brain tumour. Her family believe that her life could have been extended had it not been for a medical error during her treatment. She was given an overdose of radiation that led her to suffer immeasurable pain and suffering. It is thought that the error occurred after a poorly trained junior member of staff made a mistake filling in a form about the patient. This mistake led to her having 19 radiation overdoses, and these doses left Lisa with burns to her head and neck.

An inquest into her death ended yesterday after medical experts successfully argued that a direct link between the overdose and Ms Norris’s death in 2006 could not be proved. Speaking in a television interview however, her father Ken admitted that the family “still believe that the radiation killed her.” The family had previously been given a report which stated that with the correct treatment, Lisa could have lived for approximately a further 5 years. However, after the inquest, the compensation claim the family are making will be based on the fact that the negligent treatment caused Lisa undue pain and suffering before her death.

A Cumbrian MP has vowed to continue the fight of asbestos victims who have been denied compensation under a recent ruling. For more than 20 years pleural plaque sufferers have been able to claim compensation for their condition. Mr Reed has stated that he and fellow backbenchers will not stop until that right is returned.

Pleural plaques are the name given to the scarring of the lungs caused by exposure to asbestos. Although in itself it is not malignant, it is a strong indication of the possibility of developing fatal asbestos lung cancers such as mesothelioma. It affects many workers such as construction workers and miners who are unknowingly exposed to asbestos during their work.

In 2007 the Law Lords passed a rule that forbade sufferers of the condition from making a compensation claim. Recently, The Secretary for Justice, Jack Straw stated that he could not overturn the ruling as there was no medical evidence that pleural plaques were certain to become malignant. He did announce however that sufferers who had already started their compensation claim will be awarded the £5000 they would have received before. Unions nevertheless warned that tens of thousands of people could miss out on their chance to claim.

The Scottish Government recently overturned the Law Lords ruling meaning that Scottish pleural plaque sufferers will continue to be able to claim compensation.

A Teesside man who was thrown 20ft in the air after suffering a massive electric shock has been unsuccessful in his compensation claim. Paul Tyrone Mann was just 15 when the he suffered horrific burns in the accident in 2001. He also lost his leg during the incident at an electricity sub station in Hartlepool.

Mr Mann had trespassed into the dangerous sub station to retrieve a football that had been accidentally kicked over the fence. His trespass involved scaling a high steel fence while jamming a piece of wood onto the spikes on top to prevent injury. Once over the fence he climbed up a 14 ft drain pipe on to the top of a transformer where he unfortunately made contact with an exposed bar.

Mr Mann’s legal team launched a compensation claim against Northern Electric Distribution Limited who operates the sub station. They claimed that the company were negligent in not doing enough to prevent unauthorised access. They claimed the stations proximity to primary schools and a local housing estate required the station to have tougher security than usual. However, Judges at The Court of Appeal in London rejected this allegation, stating that all reasonable measures to prevent trespassing had been instigated. The anti-climb measures on the steel fence – including razor wire – would stop all but the most determined trespasser it was pointed out.

If Mr Mann had been successful, he would have been eligible to claim a possible compensation payout running into the millions of pounds.

A 34 year old mathematics PhD graduate who only found out recently that his disabilities may have been caused by negligence during his birth, is fighting for his right to make a compensation claim.

Julius Whiston has suffered from cerebral palsy for all his life and has been wheelchair bound because of the condition. He has battled against his disabilities for all of his life, managing to go on to study at Eton before obtaining a PhD degree from Cambridge University.

Mr Whiston only recently discovered that his cerebral palsy may have been instigated by being starved of oxygen during his birth. He was born at Charlotte’s Hospital in Shepherd’s Bush, London in 1974, and it is thought that a junior doctor at the time spent too long trying to deliver him with forceps.  This delay is believed to have caused the lack of oxygen.

Mr Whiston is now claiming compensation from the NHS for his injuries and the cost of living with his condition. However, the NHS is strongly challenging his claim. Birth injury victims are normally only legally allowed to make a claim for compensation before they reach the age of 21. Mr Whiston successfully won a High Court case last year though arguing that he did not know about the negligence until his mother informed him at the age of 30. It was therefore ruled that he is eligible to make a compensation claim.

The NHS is appealing that decision on the basis that it is unable to defend itself properly after such a long period of time. If it is unsuccessful in its appeal then Mr Whiston will be eligible for millions of pounds in compensation.