Latest compensation news from WinWales
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.
26 May 2013
A man injured after tripping on a pavement
located within a recently completed housing estate, has received £7,700 in accident
compensation from the building company responsible. A section of the pavement had fallen
significantly, leaving an unexpected ‘step’ which caused the tripping injury.
The housing estate had only recently been
completed, and so the injured man’s solicitors contacted both the local
authority and the building company to establish who was responsible for the
maintenance for the pavement. When both parties
denied any wrong-doing, court proceedings were commenced to determine where the
responsibility should lie.
A compensation settlement was achieved before
the end of the trial, with the building company granting the accident victim
£7,700 in compensation for his injuries.
18 May 2013
An injured care worker who needed to give up her job after being repeatedly
attacked by a violent teenager has been awarded accident compensation. The local Borough Council admitted liability
after it was shown that the youth should have been moved to a secure unit as
soon as his violent behaviour had been identified. Instead, the teenager was able to attack the
care worker five times over an eight month period before he was finally moved.
The woman, who had been working as a carer for nine years, was hit with
a chair, threatened with shattered Perspex, and punched a number of times. Despite undergoing physiotherapy, she is now
unable to undertake some of the tasks needed to do her job, and she may not be
able to return to work.
"After I reported the first
incident I thought my bosses would have this youth transferred to a secure unit
which would be able to provide the correct type of care for him in a safe
environment. But nothing changed and he kept on attacking me.
"It was extremely frightening going into work not knowing what he
would do next and wondering how far he would take things."
Solicitor John Mullen said: "Too often those working in caring and
health environments are put in situations which make them vulnerable to
"Employers have a duty of care to their staff and must take all
reasonable steps to protect them from assaults at work. It is astonishing that this council allowed a
series of attacks to take place before taking any action.”
14 May 2013
from North Wales Police will be stopping and talking to bikers “to educate them
about the dangers” of riding in “challenging” areas like Snowdonia. Operation Focus, now in its 10th year, is
being run by police hoping to reduce the number of bike-related accidents and deaths. Officers will patrol roads where traffic collisions
are most common, including the A494, A5104, A5, A470 and the A487.
Inspector Darren Wareing, in charge of the force’s Roads Policing Unit,
stressed “This isn’t about catching bikers out, we want them to enjoy the
roads, but most of all we want them to ride safely and responsibly”.
“Responsible riders are welcome to visit the area and take in the stunning
scenery and landscape, but even they face risk of death or serious injury by
underestimating the risk posed by fatigue brought on by a combination of
driving long distances and concentrating on navigating challenging and
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