Archive for March, 2008

After contracting an allergy to latex while at work, a trainee nurse was threatened with disciplinary action for using latex free gloves.  However, she subsequently made a successful claim for personal injury compensation and is to receive a payment for this work related medical condition.

The nurse, who worked at the Scarborough General Hospital, developed the latex allergy from routinely wearing gloves as part of her job.  Latex free gloves were not made available to her and the only type of gloves available to the staff on the wards was latex based.

She was told that if she was found using latex free gloves without prior permission from the Occupational Health department and her ward sister, this would be a punishable offence and she could face disciplinary action.

A woman who was exposed to asbestos when she worked in a factory as a teenager has been awarded substantial compensation when she made a personal injury claim.

It was not until 2006 that the woman (now aged 65) was diagnosed with mesothelioma, which disease is caused by exposure to asbestos dust.  Tragically, once a diagnosis is made sufferers of this condition often have only a few months to live.

The exposure to asbestos happened while she was working as a clerk for a clothing company.  Asbestos was used in the factory in steam pipes, and also in protective pads that were used to press the garments.  She was only 16 years old at the time and remembers that asbestos would fall from the ceiling, which she then had to sweep up.  As a result she was covered with asbestos dust and this penetrated to her lungs, causing the fatal disease.

A recent Court decision has found in favour of a passenger who was injured when trying to get on a bus.

The passenger fell from the Arriva owned bus after the driver had closed the doors on him and driven away, and as a result he sustained a severe head injury.  The Court has declared that he is entitled to personal injury compensation.

The passenger was boarding the bus when nearby traffic lights changed to green and the bus driver closed the doors around him and set off.  The bus travelled about 25 yards before the passenger lost his balance and fell into the road.

The evidence before the Court showed that the driver had opened the doors to admit the passenger and had then closed them upon him while he was still on the entry platform.

A review commissioned by the Government could spell the end for GP sick notes. National Director for Health and Work, Dame Carol Black, has advised that the current system of sick notes should be replaced by a “fit for work service” so that GPs do not have to give out multiple paper sick notes.

Her report stated that “GPs sign sick notes because they feel they have no alternative available.”

The scheme would not just apply to absence from work following an accident, for example the time taken to recover from a work accident or a road accident, but also absence due to everyday illnesses and diseases.

The recommendations have been welcomed by Dr Hamish Meldrum, Chairman of the British Medical Association, who said:

Holiday makers staying at a hotel in Torremolinos, Spain have again fallen prey to a major outbreak of illness, only weeks after hundreds of former guests succeeded in their claims for personal injury compensation, resulting in a total payout of around £2.5 million. 

Reports of the latest outbreak saw guests staying at the hotel during January and February 2008 suffering with illness, including gastric complaints, severe diarrhoea and vomiting.

Allegations have been made of poor hygiene conditions at the hotel, including reports that undercooked food was left out for long periods of time.  Holiday makers also indicated that the floor of the restaurant was dirty.   

The Health and Safety Executive (HSE) has brought work to a halt on over 30% of building sites undertaking refurbishment work, because of unacceptable safety levels.

The HSE recently carried out over 1,000 spot checks of such sites as part of a rolling inspection programme specifically targeting refurbishment work, as a result of the dramatic rise in the number of deaths from a work accident on this type of building site.

According to the HSE, over half of the workers who died on building sites last year were involved in refurbishment work. Their statistics also indicate that the total number of accident related deaths on refurbishment sites rose by a staggering 61%.

The shocking findings from the spot checks showed that basic safety precautions were being flouted. Issues in respect of working at height were also a huge concern, with over half of the enforcement action taken during this inspection initiative being as a result of dangerous work at height situations, which last year had led to the deaths of 23 workers.

Motorcyclist Richard Cooper was tragically killed in a motorcycle accident when his bike skidded on a large deposit of diesel fuel on the road, which caused him to collide head on with a van travelling in the opposite direction.

His family made a claim for personal injury compensation against the Motor Insurers Bureau (MIB) and has been awarded the sum of £110,000.

Normally, claims made by people injured in a road accident are directed against the party who caused the accident and handled by their insurers. However, the MIB will deal with all such claims where the negligent party either has no insurance or, as in this case, is unknown and cannot be traced.

A Department for Transport report indicates that work related driving causes over a quarter of all road deaths. Their figures show that 26% of deaths on Britain’s roads last year (ie 858 out of a total of 3,172) involved drivers who were “at work”.

Road Safety Minister, Stephen Ladyman, said:

“I used to drive for work myself and I know the pressures. Tough deadlines can push you over the speed limit, and distractions like the boss calling you on your mobile can take your attention off the road.”

The Police are also getting tough on incidents on the roads that are a type of work accident by holding employers responsible if, for example, their employees who are required to drive as part of their job do not have insurance or a valid driving license, or if the company vehicle that they drive does not have an up to date MOT certificate.

The NHS has identified another drain on resources caused by a 43% rise in the number of people being treated for dog bites.

According to NHS statistics numbers have risen to almost 3,800 victims a year. Dog bites are usually suffered by children; however there has been a 58% rise in attacks on adults, compared with only a 20% rise in attacks on children. There are also regional variations and London comes out worst with a 119% increase in hospital admissions for dog attacks on those under 18 years of age.

Personal injury claim solicitors have also noticed a rise in victims of such attacks seeking legal advice about possible injury compensation. Enquiries come not only from the general public, but also from specific work groups, in particular those in the postal industry.

The House of Lords has ruled that an employer is responsible for the suicide of an employee after an accident at work, because his depression was caused by the injuries he sustained in the accident.

The House of Lords told the widow of deceased worker, Thomas Corr, that she should receive personal injury compensation from the employer because the suicide was a consequence of an industrial accident.

Mr Corr threw himself from a multi-storey car park in May 2002 after an accident at work in which he was hit on the head by a metal panel, which had left him with severe headaches, unsteadiness and trouble sleeping.

Five Law Lords upheld an earlier Court of Appeal decision that the employer, IBC Vehicles, was liable. The company previously admitted responsibility for the work accident, but denied that its liability covered the depression related suicide.