Latest compensation news from WinWales
31 July 2014
An urgent review has been launched by ABMU Health board in South Wales after it was reported that a man died after having to wait for more than four hours outside the Accident & Emergency department of the Princess of Wales hospital in Bridgend.
The patient was brought to the hospital in an ambulance and was assessed by a doctor whilst still in the ambulance. After this he was admitted to the accident & emergency department at 11am and became unwell two hours after this. Later on, despite the efforts of staff to resuscitate the patient, he died.
A statement released by the ABMU Health Board said:
“We are deeply saddened to report the death of a patient in the emergency department of the Princess of Wales Hospital on January 16. We wish to express our sincere condolences to the patient’s family.
“Prior to being admitted to the department, the patient was in an ambulance, attended by paramedics, for over four hours.”
The review will look into the coroner’s report and determine whether the patient’s death was avoidable and what led to the length of time he was present in the ambulance outside of the hospital itself.
The accident & emergency department was extremely busy on the day the fatality occurred and the health board are determined to learn lessons from a very sad case.
31 July 2014
An injured man who had to take four months off work, and undergo knee surgery after slipping on a wet floor caused by a leaking tap has secured a £6,000 injury compensation settlement from his employer.
Colin Hillyard from Cheltenham was working at his company’s site in the town in September 2009 when he slipped on a toilet floor, which was wet because of a leaking tap.
Colin, 60, was unable to move his leg due to swelling the day after the accident which aggravated a pre-existing weakness in his right knee. He had to take three months off work while he waited for an operation and it took a further month for him to recover from his surgery.
He said: “It all happened so fast. I walked into the toilet, flicked on the light switch and the next thing I knew I was lying on the floor in a lot of pain.
“My employer was supportive after the injury, but that doesn’t change the fact that the accident could have been easily prevented by simply fixing or replacing the tap.”
Carl Banks, PCS health and safety officer, said: “Colin’s case highlights that seemingly small and easily sorted problems, such as a leaking tap, can have serious injury consequences. A lack of a system for proper maintenance resulted in a member of staff being unable to work for four months and having to undergo knee surgery.”
24 July 2013
An engineer who was feared dead
when a metal-cutting tool, weighing about one tonne, fell on him from a height
of 13 feet is to receive £70,000 in accident compensation for his pain and
suffering. David Hynds will also receive compensation for loss of earnings and
pension, although details have yet to be finalised.
17 July 2013
A pensioner has successfully
claimed injury compensation for damages after proving that his working
conditions had led to nasal cancer. The
timberman, Peter Spillet, had spent a quarter of a century working on the
coast, repairing jetties, piers and wharfs.
The work meant
that he inhaled a significant amount of wood dust without proper safety
equipment being available. His former employers will now have to pay the injury
compensation after a four year legal battle.
14 July 2013
A Bristol hospital is being sued
by a mother who claims her daughter suffered a serious brain injury when
doctors failed to diagnose a rare form of meningitis.
Clare Day now needs
24-hour support as a result of the damage caused to her brain by the
tuberculosis meningitis in 2010 and is not capable of working or caring for her
Her mother Elaine Nikolovski is suing the trust that runs Bristol
Royal Infirmary for the injury Ms Day suffered and the care she will require
for the rest of her life.
27 June 2013
many as one in four adults have suffered from a personal injury or accident
within the last five years, yet only 20 per cent of those have actually gone on
to make a claim. That’s leaving millions of pounds compensation unclaimed every
according to Personal Injury 2012 -
a piece of research carried out by YouGov into the personal injury claims
The report shows that road traffic accidents (RTAs) make up the
majority of personal injury claims (50 per cent), while accidents in a public
place ‘shop premises, public highways etc’ (excluding RTAs) account for 21 per
cent and accidents in the workplace account for 16 per cent.
Mixed attitudes to
In among the statistics, the report also shines a light on the
some of the nation's mixed attitudes towards personal injury compensation as a
While many recognise that without the help of the legal profession
and "no win, no fee" agreements, insurers would try to avoid paying
out for legitimate claims, there is also an underlying perception, driven by
the UK’s big insurance companies, that the number of claims are getting out of
Consumers also recognise that whiplash sufferers should receive
compensation for their injuries - unless the motor accident occurs at very low
speed, but at the same time there is a feeling that the number of claims
currently in the system for whiplash is too high.
The main reason respondents gave for not pursuing a personal
injury claim is that they deemed their own injury to be ‘not bad enough’ to
warrant a claim.
Consequently they should seek medical advice first before making a
decision, as people often under estimate the long-term effects a seemingly
minor injury can cause.
The second biggest reason given for not making a claim is that the
respondent did not believe in claiming compensation. Often this attitude is
supported by numerous news stories of bogus claims, but few genuine injury
victims would challenge the right to reasonable re-dress.
The research states that while the majority of claim settlements
involve sums of less than £2,500, the average payout is £4,707, so it’s well
worth taking 30 seconds of your time to see if you qualify.
According to the YouGov research, personal injury claims companies
rate very highly in terms of helpfulness and the friendliness of their staff,
so you have nothing to lose by getting in touch.
Source: Daily Mirror
05 June 2013
and Swietelsky Construction have been fined £36,000 and £24,000 respectively
following an investigation into a work place accident in March 2009. Two staff at the Whitemoor Rail Depot in
Cambridgeshire were crushed whilst carrying out repairs to a ballast regulator.
workers were injured while using a hydraulic car jack to support an internal
part of the ballast regulator, and it was found that they had not been properly
trained to carry out the work.
The car jack
had not been designed for the work being done, and it collapsed, causing
serious injuries to the two workers. An Office
of Rail Regulation (ORR) investigation concluded that the companies had failed
to properly carry out the necessary safety briefings, training, or risk assessments
for the work. This led to the workers
improvising the method of repair, at considerable risk to themselves.
Tom Wake, Principal
Inspector for the ORR in the South East, said: “No employee should ever be set
to work on dangerous machinery without appropriate support and training. In
this instance…….. Swietelsky Construction and Babcock Rail caused two rail
workers to suffer serious head injuries ……. because of poor planning and lack
of employee training.”
As well as
the £60,000 in fines, the companies were also ordered to pay £30,000 in legal costs.
30 May 2013
A self-employed man who suffered severe head injuries after being
attacked by security guards has been awarded injury compensation after help
from solicitor Anthony Welsh.
The bricklayer, Ian de-Schoolmeester from Bridgend, was attacked after
he and a group of friends were told to leave a branch of McDonalds in Cardiff,
in December 2010. The security staff,
who were subcontracted from RAS Securities by McDonalds, punched Mr
de-Schoolmeester and threw him to the ground with such force that he required
emergency hospital treatment, including brain surgery. He has recovered steadily following the
attack and has now returned to work, but the injuries are likely to have
on-going consequences including mental fatigue.
A security guard who was prosecuted following the attack escaped
conviction due to insufficient evidence or witness statements. The judge
criticised the failure of the police to bring more prosecutions. Mr de-Schoolmeester instructed solicitors to
claim for injury compensation - arguing that RAS Securities was responsible for
its employees’ appalling behaviour. RAS
Securities settled the compensation claim out of court.
Solicitor Anthony Welsh said: “RAS Securities have a responsibility to
ensure its staff are properly trained, do not abuse their position and behave
appropriately when dealing with people, whatever the circumstances. It is
shocking that one of its security teams can have so lost their collective self
control that one of them nearly killed my client. And while his attacker goes
unpunished, Ian has to try to rebuild his life as best he can while living
forever with the impact of the assault.
”This compensation does not make up for the extensive injuries our
client has suffered or the promising future he has lost but we hope it provides
some sense of justice.
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