Teacher who lost her voice awarded personal injury compensation

November 9th, 2010

A teacher who lost her voice trying to be heard in a noisy classroom has been awarded £150,000 in personal injury compensation.

Joyce Walters 50, quit her vocation after developing vocal cord nodules, which she says were caused by her constantly having to raise her voice and being too close to the playground.

Mrs Walters from Ickenham, said the condition has left her struggling to speak on the phone for long periods of time and she also suffers hoarseness and a sore throat when she has to raise her voice to be heard at a party or in a noisy environment.

“Teaching was my calling,” she told the London Evening Standard. “I adored the classroom and miss it so much, but the problems with my voice make it impossible for me to ever go back.”

Mrs Walters started teaching English at Harlington Adult Education Centre in 2005, but a month after starting at the centre based in Harlington Community School, she began having vocal problems. By summer 2006, she had been diagnosed with vocal cord nodules by a specialist.

She was forced to miss all of the 2006/7 school year while she had treatment and although she returned to the same class the following year, she was forced to quit just three months later. She claimed her employers had not helped her enough, asking her to teach more students and refusing her request to stop teaching beginners.

After suing her local council, the mother of two received £11,000 in damages, but after contacting a personal injury claim solicitor and filing a personal injury claim, another £145,000 was agreed. The payout is thought to be the biggest of its kind and could trigger a number of similar claims being made.

“I have to think twice about day to day things, like speaking on the phone to my dad in Scotland as my voice is not strong enough to maintain a conversation for any length of time,” she added.

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Lady receives compensation for injuries caused by Bon Jovi roadie

November 9th, 2010

 A lady who was run over by a golf buggie driven by a member of Jon Bon Jovi’s staff at a gig, has been awarded compensation. Security guard Sally Allen said she still finds it difficult to walk after her leg was broken, her foot crushed and her toe dislocated in the incident which happened in June 2006. The mother of one from Pontefract in West Yorkshire, has been unable to work properly since the accident and her marriage has broken down during the time in which she has been incapacitated. Popular rock band Bon Jovi were performing at the National Bowl in Milton Keynes when gas canisters went off and burst into flames. Mrs Allen who worked as security at the venue, had evacuated the building and set up a safe zone when she faced the golf buggie driven by Kevin McDonnell, a member of the band’s entourage. “I told him he couldn’t pass through but he refused to listen to me and targeted his buggy straight at me. He rolled over my right leg. It was agony,” Mrs Allen said. In the four years since the accident, Mrs Allen contacted an injury claim solicitor and has wrangled with the band’s solicitors for £250,000 worth of compensation. However, she had been awarded a figure way short of what she was looking for after she decided to settle the case for £33,000 in an out of court settlement. “I have gone through hell since the accident. I have not been able to work for years and my marriage broke down and now, all I have been left with is £33,000,” she told the Daily Mail. “At first we were going for £250,000 so this is a big let down. I had no idea it would go on this long or be this hard. I thought it best that I draw a line under it and get on with my life because I can’t cope with it anymore,” she added.

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Son wins payout after fight with care home

November 1st, 2010

SEEING her badly bruised face, Brian Dawson vowed to find out the cause of his mother’s injuries.

Now, after a year-long fight, the home where she was meant to be looked after has admitted liability and paid out a five-figure sum.

Brian worked as his mother Avis’ main carer for many years but was told he needed some respite.

He claims he took advice from social services and placed his mum in Stanley Park, a private care home in Stanley, County Durham.

But within a month of the emotional move, 97-year-old Avis was involved in three accidents and needed hospital treatment twice.

The last incident on March 11, 2009, left the pensioner with a broken hip after she allegedly jumped up from a chair in the home’s lounge.

The following month, while recovering from a hip replacement operation at Shotley Bridge Hospital, she died due to respiratory complications.

Brian, who still lives in the home he shared with Avis in Westfields, Stanley, said: “The first time mum fell she cut her left hand and the second time I got a call to say she was in hospital and had a little bump on her head after falling out of bed.

“When I saw the state of her I couldn’t believe it. She was covered in bruises.

“Before she went into Stanley Park I’d sat down with staff who’d carried out a risk assessment and I’d explained that they had to watch out for her moving towards the edge of the bed in her sleep.

“That was on March 6 and five days later I got another call to say she’d had another fall and broken her hip.

“I couldn’t believe it when staff told me she’d jumped up from a chair.

“While at home she needed help to get out of a chair and then needed her walking frame.

“She was 97 years old, registered blind and needed a frame to walk, she couldn’t jump anywhere.”

The series of accidents in such a short space of time prompted Brian to call for a face-to-face meeting with managers at Stanley Park, which is run by Southern Cross Healthcare, and social services.

But he claims he’s never received the accident reports he asked for, and decided to call in solicitors to help get answers. He said: “The solicitor took up my case straight away but it has been a very long process

“My mum went without for me when I was growing up, and I promised I would take care of her when she needed me.

“I only put her in the home at the advice of social services. People with elderly loved ones are in such a difficult position having to decide where their family members will get the best care and who they can trust.

“The whole way along people said I wouldn’t get anywhere taking on a big organisation, but I have taken them on and won.

“I only hope if others aren’t happy with the care their loved ones are getting then they see this and realise they can take action and do something about it.”

Vicki Wanless of Browell, Smith and Co in Newcastle took on Brian’s case and wrote a letter a complaint to Stanley Park which focused on Avis’ fall on March 11.

She said: “The insurers for Stanley Park Care Home admitted full liability for an accident on March 11 in which Mrs Dawson broke her hip.”

A spokesman for Southern Cross Healthcare said: “Southern Cross Healthcare can confirm we have accepted primary liability in Mrs Dawson’s case.

“We care greatly for the wellbeing and safety of our residents and always strive to provide the very best care.”

Lesley Jeavons, Durham County Council’s head of adult care, said they do “provide details of those homes that meet a person’s care needs, but would not make a recommendation”.

Source: Kerry Wood, Evening Chronicle
13th October 2010

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Manufacturing Company Fined After Man Loses Fingers in Work Accident

October 5th, 2010

Saint-Gobain Weber Ltd, a manufacturing company, have been prosecuted by the HSE after an employee suffered a personal injury in a work accident in November 2007.

Simon Partridge lost a finger and thumb when the waste extraction system at the manufaturing plant became blocked due to it becoming clogged with dust and extracts from the workshop. Mr Partridge attempted to clear the blockage himself, resulting in his suffering the personal injury.

He lost the digits when his hand became trapped in the rotating valve of the extractor, with surgery to reattach the digits proving to be unsucessful.

A Health and Safety Executive found multiple failings within the company, including insufficient and easily removed guards. The company were fined £16,000 for breaching the Health and Safety at Work Act.

It is unclear at this point if Mr Partridge intends to contact a personal injury solicitor to make a compensation claim.

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Two Men Suffer Personal Injuries in a Fairground Ride

October 5th, 2010

The Health and Safety Executive have fined the owner of a fairground ride after two men suffered personal injuries when riding it during the British Grand Prix. The man owned and operated the Tagada ride, which was a round bowl that spins around and bounces the riders up and down at the operators whim.

The two men who were injured had gone onto the ride during the Grand Prix and were eventually thrown from it, suffering a number of personal injuries including back injuries and bruising. Luckily the cases of personal injury weren’t more severe and the men have now fully recovered.

After an investigation the Health and Safety Executive found that steel work on the seating has corroded, causing the accident. The corrosion was apparently clearly visible and should have been noticed. This revelation led to the HSE fining the operator for £3,000 in addition to fining the inspector who passed the ride as safe for £10,000.

It is unknown at this point of the two men intend to make a compensation claim from a personal injury lawyer.

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David Beckham to Sue for Compensation from Magazine

October 5th, 2010

David Beckham has announced that he will be suing for compensation from a magazine that he claims deliberately published false allegations about his provate life.

He is suing US magazine In Touch after they published an article accusing him of cheating on his wife. He is suing the magazine’s parent company, Bauer Publishing Company LP, for libel, slander and intentional infliction of emotional distress.

The suit is being filed in a number of jurisdictions, including Germany where Bauer is based.

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Glass makers fined

October 5th, 2010

 A glass maker based in the West Midlands has been fined £3,600 by the HSE after it was found that there was a large amount of lead contamination at their premises that left workers in danger of suffering lead poisoning and other personal injuries.

Staffordshire Crystal, in Brierley Hill, was adjudged by the Health and Safety Executive to have not carried out an adequate risk assessment at its factory, as well as not providing workers with a place to wash their hands.

A HSE commented “Firms that are operating with lead-based materials need to ensure their workers are protected at all times, not just in the processing areas where they are carrying out their duties, but also the rest and eating area.”

There are unlikely to be any personal injury claims made however, as there are no recorded cases of lead poisoning as a result of the contamination.

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Company Fined by HSE After Work Accident

October 4th, 2010

WCM Europe, a company based in Essex, have been fined £6,000 by the HSE after one of its employees suffered a personal injury in a work accident.

They were found guilty of breaching the Health and Safety at Work Act after a worker got his finger caught in a mechanical blade as he sawed a block of plastic at the firm’s plant.

The HSE investigated the incident, in which the employee suffered a number of personal injuries that included permanent nerve damage, and found that the company had failed to properly train its employees.

An HSE inspector, said of the incident ”WCM Europe Limited failed to make sure that only properly trained employees had access and authorisation to use the saw.”

It is unknown at this point if the worker has contacted a personal injury solicitor in relation to the work accident.

Posted in Accidents at work, Uncategorized, Workplace accidents | No Comments »

Engineering Firm Fined After Fatal Accident

October 3rd, 2010

A Preston based engineering firm has been fined after a fatal work accident at their plant. The work accident occurred when Michael Lohaza was working for Autoy Limited. Mr Lohaza was working on a lathe on his own next to the company’s main workshop when he became entangled in the machinery.

Two colleagues later found him dead at the scene. This led to the Health and Safety Executive fining the firm after they found that the company failed to carry out a full risk assessment of the machinery, stating that suitable clothing must be worn at all times as entanglement with lathes is well known.

Autoy Limited were fined £17,500 for breaking the Health and Safety at Work Act and may yet face a personal injury compensation claim if Mr Lohaza’s family decided to approach a compensation claims solicitor.

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London Underground Driver Receives Compensation For Trauma

October 1st, 2010

A driver on the London underground has received a personal injury compensation payout of around £4,000 for the trauma that he suffered during the terrorist attacks in London on 7th July 2005.

The man, aged 57, was initially denied compensation after driving his train to Russell Square to help injured victims of the atrocities. The compensation claim was initially rejected as he was not judged to have been in danger of immediate harm at any time.

However the Criminal Justice Authority eventually agreed to pay him £1,000 in personal injury compensation, with the sum later being raised to £4,000.

Commenting on the day and the trauma he suffered he stated “I’m not a hero. I did what I could to help, just like anyone would, but the events of that day will always be with me…I was off work for 11 months afterwards. I couldn’t believe it when CICA said that because I was not in reasonable fear of immediate physical harm I was not entitled to compensation.”

Posted in Medical, Trauma | No Comments »

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