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I read with interest today, in the Westmorland Gazette, that a worker from Kendal has received £300,000 in compensation having had his hand compressed and permanently damaged by some machinery whilst at work back in June 2008.  It would appear that the unfortunate Mr Miller will never recover from his injuries having had his hand pulled into a work machine.  He suffered burns and ripped nerves and has had to have reconstructive surgery.  The Westmorland Gazette reports that Mr Miller was attempting to fix the machine when he got his sleeve caught in the machine and was subsequently pulled towards it, suffering this horrible injury.  Mr Miller states that his hand swelled up like a boxing glove and turned green, burned, and bloody while I waited for the air ambulance.

Mr Miller would have been due £375,000 in compensation, but his employers successfully alleged contributory negligence.  It was said that Mr Miller had chosen to work by himself and also chose to remove the guarding off the machine which was contrary to health and safety policy.  As such, because the accident was partly his fault, Mr Miller received £75,000 less compensation.

Contributory negligence is a term that we often come across here at The Injury Lawyers.  If the other side believe that you are in some way responsible for your accident then they will allege contributory negligence.  As such they may attempt to settle your claim for less than the whole compensation you would normally be entitled to.  It is therefore of key importance that if the other side allege contributory negligence, you seek the advice of an experienced injury lawyer.  They will be able to advise you as to whether you should accept a reduction in your compensation.  At the end of the day, should you not seek advice, you may get less compensation than you deserve, which surely you would not want?
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The Star reports that a worker in South Yorkshire has suffered serious problems with their breathing since being exposed to a ‘strong and unpleasant smell’ at an Esso Oil refinery.  Subsequently, Mr Wood, the worker, is seeking compensation in excess of £1million.  The Star states that back in 2005 Mr Wood was exposed to an odd smelling gas whilst at work and has since suffered breathing problems.  However, it is also suggested that there may not in fact be any link between the smell and Mr Wood’s injuries.

The article explains that Mr Wood’s barrister is hoping that the judge assigned to this case will make a finding that the gas that Mr Wood smelt was indeed harmful and that a link can be found between the accident and Mr Wood’s injuries.  It would seem that there may possibly be a link because Mr Wood was well before he undertook his job at the Esso oil refinery and only hours after being exposed to the smell Mr Wood has never been the same and has had to use very strong inhalers to ease his condition.

This certainly is a very intriguing case because it will be a hard task to link the substance Mr Wood smelt to the breathing problems he has suffered.  His Barrister claims that all of the explanations as to Mr Wood’s health problems, this one is the ‘least improbable’.  After all, the smell did lead to an alarm being set off and all the workers at the refinery were required to vacate the premises.  Nonetheless Esso are denying liability and the case continues.
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Go on, admit it – it’s quite nice to bite into a burger now and again (or even more regularly!)  We all know, in an age where eating healthily is rammed home on a frequent basis, that tucking into a burger isn’t the best thing for us.  But come on, that’s not going to stop us; they can be extremely tasty and that is probably because they are ‘bad’ for us.  Question is, which burger do you go for? Do you prefer a Big Mac from McDonalds, a Whopper from Burger King, a more ‘classier’ burger from Gourmet Burger Kitchen, or maybe one from a burger van or kebab shop for example?  I know which one I prefer and it certainly isn’t one from a kebab shop! That said, if you know a kebab shop that does a delicious burger feel free to get in touch and let me know.  Anyway, before I get totally distracted by the thought of burgers, I must get to the point of this blog.  It came to my attention today that someone was injured having eaten a burger from McDonalds.

I don’t know about you, but I imagine you would all agree, you certainly do not expect to sustain an injury when eaten a burger – especially from a reputable fast food company.  However, this is precisely what happened to Kev Smith according to the Cambridge News.  It would seem that Mr Smith who had bought a burger from a McDonald’s restaurant broke his tooth having bitten down onto a piece of metal in his burger.  Now I cannot imagine for one second that McDonald’s have introduced a new metallic burger range and it therefore does not come as a surprise to learn that Mr Smith was awarded £1,000 compensation for the injuries he sustained.

As a result of the accident Mr Smith has had to visit the dentist on five occasions to sort his dental problems.  Subsequently McDonalds has issued an apology and Mr Smith obtained £1,000 in compensation.  This was because McDonalds have a duty of care to their customers to ensure that the food they serve is safe for consumption.  Obviously, a burger containing a foreign object, in this case a piece of metal, constitutes a breach of this duty.  Mr Smith suffered a personal injury through no fault of his own, but because of the negligence of the McDonalds restaurant in question.  If you have a similar story you may likewise be entitled to compensation.  You expect the food you are served to be safe; indeed those who serve you food must ensure that it is safe to eat.  So, if you have sustained an injury due to a foreign object being found in your food, it is important that you seek free legal advice from a quality personal injury who will help you obtain the compensation you may deserve.

According to the Scarborough Evening News a NHS worker is seeking compensation of around £200,000 because of a shoulder injury she says she has sustained whilst at work.  The Scarborough Evening News reports that Julia Graham has had to have two operations on her shoulder because she is being overworked and wants compensation because she can no longer carry out her role as an ultrasonographer.  It would also appear that the hospital in which Mrs Graham works has admitted liability, but also alleges contributory negligence.

Employers owe their employees a duty of care which entails that they ensure that their employees’ health and safety needs are met.  According to Mrs Graham the NHS failed in this duty because they did not carry out the appropriate risk assessments, doubled her work load, and ignored her injury complaints.  It is alleged that this failure has meant that Mrs Graham has seen her shoulder problems worsen.  This is due to the fact that a lot of the time, Mrs. Graham is required to undergo tasks like scanning patients and various administrative duties which involved a lot of body movement.  The tasks required her to frequently lean and turn and to repetitively use her left hand.  This was also coupled by the fact that her work was high pressure and meant she had to stay several hours after her designated time to leave work.  As such, problems in her neck and shoulder began.  Mrs Graham has since had physiotherapy, acupuncture, and an operation, but says this has done little to help her situation.

The Scarborough Evening News says that the NHS, despite admitting liability, will suggest that Mrs Graham contributed to her injuries.  That is, that Mrs Graham was experienced enough to be in charge of her tasks, but failed to help herself by not taking account of the risks and carrying on with the tasks she was given.  This demonstrates the importance of seeking the advice of a professional injury lawyer.  If you have been involved in an accident at work or have sustained an injury whilst at work, what would you do if your employer said you were partly to blame for your accident?  It is one thing to deny this allegation, but you need to give reasons to support such a denial.  This is one of the reasons why you should seek the advice of a quality injury lawyer.  They can make arguments on your behalf as to why you are not in any way to blame for your injuries.  Without this advice you may be awarded less compensation than you deserve.

I read today of the terrible story of an Alan Underwood who sadly died having been involved in an accident at work.  On March 17th 2008, Mr Underwood, who was a driving instructor in Northampton, was killed when a lorry, driven by one his pupils, hit him.  The Northampton Chronicle & Echo reports that Mr Underwood was giving a driving lesson and was testing his pupil’s braking skills when the accident happened.  The Northampton Chronicle & Echo suggests that Mr Underwood had instructed his pupil to go around some cones and then come to an emergency stop.  However, his pupil failed to stop and Mr Underwood was subsequently hit and killed by the lorry.

At the High Court in London, it was heard that Mr Underwood’s pupil’s foot had become stuck underneath the brake, and therefore she could not stop.  As such, the family of Mr Underwood was awarded £180,000 in compensation.  It was held that Mr Underwood’s employers were liable for the accident.  However, and interestingly, Mr Underwood’s family only received 70% of the compensation.  The compensation Mr Underwood’s family was due would have been £250,000, but the judge held that Mr Underwood was 30% liable for the accident.  In other words, there was a judgment of contributory negligence.  Here, the judge held that Mr Underwood had been stood in front of the lorry in ‘misconceived faith’ that his pupil would be able to bring the lorry to a halt.  As such he was partly responsible for the accident because he did not allow himself enough time to get out of the way and avoid a collision.

Contributory negligence is a term that we frequently come across here at The Injury Lawyers.  If the other side believe that you are in some way partly to blame for your injuries, they will allege contributory negligence.  They will try to settle for less than a full amount of the compensation you would be entitled to should you not have been partly responsible for your accident.  It is therefore of vital importance that if an insurance company tries to settle a claim with you, and in doing so alleges contributory negligence, that you seek the advice of a quality personal injury lawyer.  They will be able to advise you as to whether you should be held partly responsible for your accident and your subsequent injuries.  If you do not seek the advice of a specialist injury lawyer, you may end up getting less compensation than you deserve!

It was interesting to read in the Hartlepool Mail that Hartlepool Borough Council are to ‘vigorously defend’ themselves against unnecessary or fraudulent claims for compensation where individuals have been injured as a result of an accident involving a pothole.  It comes at the time of year when the worst of the weather would seem to have ended, and the snow has finally disappeared.  However, this is also to reveal the often extensive damage caused by the weather to our footpaths and roads which are badly affected by freezing conditions.  Here at The Injury Lawyers, we know only too well of the perils of the pothole – and this year has been no different.

According to the Hartlepool Mail, Hartlepool Borough Council have paid around £4,500 in compensation in regards to 23 pothole related claims over the last two years – which is literally nothing compared to most injury claims.  In order to combat these claims, Hartlepool Borough Council have said that they would like to resurface all affected roads and paths.  However, with the current economic climate, and with the cost of carrying out such work estimated to be around the £20million mark, the Council has instead had to settle for undertaking repairs on the potholes where these potholes have come to their attention – something that has so far cost them £300.000.  The Council have brought together a special team to combat the potholes.  Working five days a week, this team is responsible for the repair of potholes within 24 hours where the pothole is approximately 3cm deep and a metre long, whilst other potholes are to be fixed within 28 days.

The Hartlepool Mail reports that Hartlepool Borough Council have so far defended themselves against 37 claims.  A Hartlepool Borough Council spokesperson has stated that ‘Each claim is examined in detail on its particular circumstances and all claims are thoroughly investigated to confirm their authenticity’.  However, despite the fact that it would appear that not every pothole claim can be successful, and that there have been some fraudulent claims, it is important to understand that if you have suffered a personal injury as a result of an accident involving a pothole, you are entitled to make a claim for compensation.  Each case should be judged on its own merits.
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This weekend I read an article about a delivery driver who received half a million pounds in compensation after he fell from his van.  The York Press reported that Colin White was carrying out furniture deliveries in York in 2005 when the accident happened.  Colin, along with a colleague, had been provided with a ‘tail lift’, a device for lowering items from the back of a van, by their employers.  However, neither of them had been trained how to use it, but nevertheless they were expected to know how to use the device, and indeed were told to use it.  Subsequently, when unloading furniture, Colin stepped back onto the tail lift which, to his detriment, had been moved, causing him to fall backwards and hit his neck.  Colin suffered temporary paralysis and is now in constant pain.  Colin was also told he will never work again and his wife has had to give up her job in order to care for him.

Because Colin suffered a personal injury through no fault of his own, Colin is entitled to compensation.  In this case, Colin received £500,000 to cover the pain and suffering caused by his injuries – a direct result of his accident – and also to cover the future loss of earnings he has suffered as a result of being declared unfit to work ever again.  If you have similarly been involved in an accident whilst at work, and subsequently sustained injury and loss, you may also be entitled to compensation.  It is important that you seek the advice of a specialist injury lawyer who can tell you instantly whether you have a claim or not.

Colin, who now has to use a walking stick, a wheelchair, and a mobility scooter, has said ‘What happened to me could have been prevented if my colleague and I had been giving training in how to use the equipment provided.’  And he is exactly right!  The Health and Safety at Work Act 1974 requires employers to make sure their employees go through full and thorough training for all aspects of their role.  Employers are required to clearly demonstrate to their employees the dangers they may face at work and how to go about their job role in a safe way.  They are also required to provide certain equipment and clothing to aid employees and make the workplace safer.
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In the past when purchasing car insurance for me, the buying the extra of Legal Expenses Insurance (LEI) was just as important has having a courtesy car.

However, my life in legal practice has provided me with the truth about LEI and the scam that thousands are caught by each year.

In May 2009 I was injured in a car accident which involved four vehicles. After the accident my instinct thoughts were ‘thank god I have bought LEI on my insurance policy’. Unbeknown to me and thousands of others, I was another victim of the Legal Expenses Insurance Scam.
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Many of us will at some point have visited a doctor, seen a nurse, or have gone to hospital.  In the majority of cases we will be able to walk away after appointments knowing that whatever our problem was, it will clear up in a few days, or with a prescription enabling us to get the medication we need to treat our symptoms.  After a few days or even a few weeks we will be fine and able to get on with our everyday lives.  However, some people do require further treatment that can end up being more serious – e.g. an operation.  When we go for an operation we place our complete trust with the surgeon that is going to undertake the operation.  In many ways, we put our lives in the surgeon’s hands.  Why do we do this?  Well, naturally we want to get better and we realise that this is the only way to get better.  But we also place our trust in the surgeon because of the fantastic reputation our medical facilities hold.  Unfortunately, as The Daily Mail reports, not every operation goes according to plan.

The Daily Mail writes that Michelle Richards, a 43 year old mother, has recently received compensation totalling over £10,000 from the NHS after she had the wrong leg amputated.  The Daily Mail states that Michelle had been diagnosed with a rare bone infection called osteomyeltitis which required her left leg to be amputated to prevent the potentially fatal condition from spreading.  Much to the shock of Michelle, as I can imagine many of you would understand, she was informed after the operation, ‘Sorry there’s been a mistake’, and was informed her right leg had been amputated instead of her left.  As a result, Michelle now has to wear a prosthetic leg.

As was admitted by the hospital in question, amputating the wrong leg of a patient constituted a breach of the duty of care the hospital owes their patients and amounted to medical negligence.  Most of us will only be able to imagine the impact this has had on Michelle’s life, and the distress it has caused her.  If you have similarly had an operation that has not gone according to plan, then it is important that you seek the advice of an injury lawyer with experience in medical negligence claims.  Medical negligence can cause the victim long term distress and other future problems.  As Michelle herself said ‘I went in for the amputation and believe I was making the right choice – I never really questioned it’.  As such she did not expect to have the wrong led amputated and was therefore entitled to compensation.  You similarly could be compensated where you have had an operation that has gone wrong.  To ensure that you get the maximum compensation you deserve, ensure you contact a medical negligence expert within three years of your injury.

Going to school is part of growing up.  Almost all of us will have attended school during our younger years and some may in fact have children who are currently in education.  Love it or hate it we all know that going to school is or was essential to our futures.  After all, it helps educate us in so many different ways.  Not only do we get to learn the basics of science or the beginnings of history, we also learn how to interact with different people who may come from all sorts of different backgrounds.  In some cases it may be through school that we meet friends who remain so for the rest of our life.  Indeed, some people will look back at their school years with much joy and be able to reminisce about all those funny events or when ‘Mr so-and-so did that’.  Although some of us may have been unfortunate to have been involved in one of these not so uncommon playground scuffles, or have hurt themselves falling over in the playground, for many of us going to school will have been an injury free experience.  However, here at The Injury Lawyers, we are hearing more and more of accidents at schools.  It would seem that this is an environment in which children are unfortunately getting injured through no fault of their own.  In fact, it was only yesterday that I read on the BBC News website of twelve pupils being injured whilst at school and that seven had obtained compensation for their injuries.

BBC News reports that twelve teenagers in a Kent school were injured when part of a heating system collapsed onto them. The BBC claims that the victims were doing examinations in the sports hall when they began to hear funny noises, and shortly after, part of the heating system fell from the ceiling.  It has since been stated that the wires keeping the heating apparatus aloft had been faulty.  As a result the unlucky teenagers suffered injuries to several body parts including their neck, head and back.  In fact, one pupil, Rhys Sullivan, had to have metal plates inserted into his jaw which had been broken in two places as a result of the accident.  According to the solicitor who has represented seven of the twelve children, settlements have been reached, but settlement figures were not to be released.

It goes to show that accidents can occur to anyone at anytime, and in a whole host of places.  If you have a child that has been injured when at school, he/she may be entitled to compensation.  Whether the child has sustained injury when taking part in lessons, or has sustained injury during their lunch period, they may be in line to be compensated. It is important that you seek the advice of a professional and quality injury lawyer who can advise you as to whether a claim exists.
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