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Industrial Disease
Heinz ordered to pay £60,000 After Worker Loses Hand
Heinz has been ordered to pay £50,000 worth of fines and costs of £9,961 after an employee lost his hand at the factory in Westwick. The engineer, Alec Brackenbury, is also suing the company for compensation in a separate civil case.
The accident occurred when Mr Brackenbury reached inside a pump that was part of a potato peeling machine he had been working on. He had switched off the potato peeler and believed the pump which cleared away excess peelings was on the same circuit.
The pump began running while his right hand was in the machine and his hand was severed entirely. Surgeons operated eight times on Mr Brackenbury’s arm. The injury has left him being unable to drive, work or live normally.
The Health and Safety Executive investigated the accident and found that the pump was a separate device to the peeler and that Mr Brackenbury had no way of knowing that it would suddenly begin working.
The HSE said the accident was brought about because there was no guard on the peeler which would have prevented Mr Brackenbury being able to put his hand in the machine.
Heinz pleaded guilty to violating Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998.
It was determined by HSE inspector Tony Brookes that the accident could have been entirely avoidable if the correct safety measures were in place. Mr Brookes said Heinz’s assessment of the risks was completely inadequate and that there was a “lack of effective measures to stop access to dangerous parts of equipment.”
Solicitor, Ian Comer, has told how the loss of Mr Brackenbury’s hand has been catastrophic and that his career as a mechanical and electrical engineer was over as both jobs required the use of two hands.
Mr Brackenbury is pursuing a civil claim against Heinz and said: “I hope now the HSE prosecution is out of the way the defendant’s insurers will now formally accept responsibility for my claim so that I can start putting my life back together.”
In another blow to Mr Brackenbury, his caravan home was recently destroyed in a storm leaving him without a permanent residence.
Seven Year Old Dies Due to Carbon Monoxide Poisoning
Police are investigating a firm which hired out a pump to the Gbangbola family used to pump water out of their home in February due to flooding caused by heavy rain. It was found that carbon monoxide poisoning caused by the pump led to the death of seven year old, Zane Gbangbola, and paralysed his father from the waist down.
Zane Gbangbola and his parents become ill in February when using a petrol-driven pump to remove water from their home in Chertsey, Surrey. They were admitted to hospital on the 6th of February after calling an ambulance.
Zane and his father, Kye, suffered cardiac arrests which resulted in Zanes death and Mr Gbangbola being paralysed from the waist down. An autopsy on Zane was inconclusive which led to further tests being undertaken by a pathologist. It was determined the cause of death was due to carbon monoxide intoxication.
A petrol pump was taken from the house to be examined and an investigation has been launched by Surrey Police to determine if there is any liability or criminal offence in respect to the company who hired out the equipment.
There are still a number of unanswered questions in regards to what toxins were in the house on the night of Zanes death. His family are still waiting for the full post-mortem report which will be provided to the coroner when a full inquest into Zanes death is carried out.
Leigh Day, who is representing the Gbangbola family, said: ‘We await further information provided by other agencies following their investigations, as many questions still remain unanswered into what toxins were present within the property on the night of Zane’s death.”
Residence in the area have blamed the the council and Environment Agency for not making residence more aware of the dangers of poisoning when using petrol-driven pumps to remove water from properties.
A petition has received 1800 signatures and is targeting 100,000 in order for a debate to be open in parliament regarding the death of Zane Gbangbola.
The tragedy occurred in a period where much of Britain was devastated by floods. The met office described the storm as the worst in 248 years, with 80 mph gales affecting the Surrey area.
TUC Accuses Government Of Brainwashing Over “Compensation Culture” Claims
The Trades Union Congress, or TUC, has said that the government is guilty of brainwashing the country into believing that there is a compensation culture and attempting to vilify those that have a legitimate cause to claim compensation for their workplace injuries. The TUC has said that the government, backed by Prime Minister David Cameron, is making this move in order to be able to reduce or remove the health and safety laws that are currently in place to protect workers.
The whole personal injury process has come under extensive changes in recent months as the government has attempts to reduce the amount of funding it receives while similarly reducing the amount of bureaucracy and red tape that is met by employers. These reforms have already been criticised by many organisations, individuals, and even the government’s own lawyers. This isn’t the only area in which the government shakeup is proving unsuccessful either.
The Health and Safety Executive, the HSE, has also released plans to change health and safety laws. These changes would mean that fewer near misses would have to be reported while there would be considerably fewer illnesses and injuries listed for companies that do need to submit a report. The HSE believes that this will cut the cost to businesses by millions of pounds a year but some of the proposed changes have been hit by criticism. The proposals are set to come into force in October 2013 but do not yet have parliamentary approval, which would be required.
Hazards, with the backing of the TUC, conducted a study and published a report on the success rate of work related injury claimants. The figures show that the success rate of such claims has plummeted 60% in the past decade.
TUC General Secretary Frances O’Grady said that “the government is trying to brainwash people into thinking the UK has a rife compensation culture” and he went on to say that the likely outcome of the changes would mean a “much higher rate of accidents, injuries and illnesses in the future”.
Types Of Medical Negligence Claim More Varied Than Most Think
Medical negligence claims are on the rise and there are many more people coming forward than ever before with horror stories and worrying tales of how they have been misdiagnosed or given incorrect treatment by their doctors. However, these are just two forms of medical negligence. Other cases where patients could potentially have a case to claim compensation from healthcare providers and healthcare institutions include the prescribing of incorrect medication and even incidents where patients become addicted to prescription drugs.
Prescription drugs do typically come with side effects. Certain drugs, such as codeine based painkillers are highly addictive and guidelines and limits are set so that patients are less likely to become addicted to the drug. Where it can be proven that a doctor or other healthcare provider continued to prescribe addictive drugs, leading to addiction on the part of the patient, it may also be possible to claim compensation.
One campaigner, Barry Haslam, has taken his fight against prescription addiction to Westminster and a meeting with the shadow health secretary Andy Burnham. My Haslam himself was addicted to prescription drugs and, having beaten the problem, he has campaigned to ensure that others are not able to fall so easily into the same trap.
Injuries resulting from botches procedures will usually carry the possibility of compensation. Unfortunately, incidents such as the removal of the wrong limb or incorrect organ do happen. Thankfully, these incidents are the exception rather than the rule but if they do occur then compensation will usually be awarded according to the type and severity of injury or illness caused, the cost of care over the rest of the victim’s life, and the total amount of earnings that the victim will suffer.
Patients that feel they have suffered at the hands of medical negligence are able to make a claim against the healthcare provider or institution that failed them. It is necessary to prove negligence and loss in order for the claim to be ultimately successful. It is also important to enlist the help of a professional and experienced medical negligence solicitor in order to have the greatest chance of winning a compensation claim.
New Mesothelioma Testing Brings Hope To Accident At Work Victims
Researchers in Sweden believe they have created a new form of diagnostic testing that will help identify the potentially fatal cancer Mesothelioma much earlier than is currently possible. The disease, which is caused by exposure to asbestos, has one of the highest fatality rates of any cancer because it is often not diagnosed until it is too late. Asbestos was a widely used building material throughout the 20th century and the cause of many workplace illnesses or accidents at work.
Mesothelioma is a rare form of cancer that is most commonly found in patients that have endured long term exposure to asbestos material. The fibres of the material are inhaled and cancer forms within the mesothelium, which is a lining that covers many of the organs in the body. Most commonly, mesothelioma is found in the lining of the lungs and the chest wall although it may also be discovered in the lining of the abdominal cavity, the heart, and the testes.
Asbestos was widely used throughout the 20th century as a building material because it was inexpensive and easy to work with. Even following concerns and scientific findings that pointed to the potential dangers of the material its use continued. Builders and other contractors that came into regular contact with the fibres from the asbestos are those that are at the highest risk of developing mesothelioma. Mesothelioma has become one of the biggest and most significant cases of compensation claims related to illnesses and accidents at work, and cases continue to be brought even today.
Cancer researchers from Sweden tested 565 cases, specifically looking for two of seven biochemical markers. They found the results to not only be highly accurate but to provide a means of identifying mesothelioma in patients sooner and more accurately than using other testing methods. The findings of the study have been published in the PLoS One online journal and they bring hope that the high fatality rate associated with mesothelioma can be reduced.
Employers have a legal obligation to ensure that their employees are provided with a safe working environment. Where employer negligence leads to illnesses and accidents at work, it is possible for the victim to submit a claim for compensation. The amount of compensation awarded to victims does vary, but is typically determined by the type and extent of the injuries or illness that the person suffered. The widespread extent of mesothelioma and the significant damage that it causes patients has seen many millions of pounds in compensation paid to victims of this fatal cancer.
Employees and former employees that believe they were exposed to asbestos can submit compensation claims against their former employers. Where the employer has gone out of business or no longer exists, it is still possible to claim compensation through a government scheme set up for this very purpose. If you, or a relative, have suffered from mesothelioma or any other type of illness or accident at work contact StocksLegal.co.uk on 0800 988 9055 to discuss your options.
MAKING A CLAIM
Making a claim for your personal injuries with Stocks Legal is really easy. You can speak to an experienced personal injury solicitor today by calling 0800 988 9055 or you can use our online claim enquiry form by clicking here. There is no obligation and you have nothing to lose by speaking to us.
ABOUT THE AUTHOR
Mike Topper is the litigation manager at Stocks Legal Personal Injury Solicitors. Mike is highly experienced in all types of personal injury cases. He is highly focussed on client care and getting the maximum compensation that is available for his clients and their families. He rightly sees personal injury claims as a real must for the English legal System as without a proper compensation structure, many injury people can be left with no support or ongoing medical treatment.
If you have any questions arising from this article to can contact Mike by calling 0800 988 9055 or by sending him an email by clicking here.
HSE Fines Vauxhall Over Workplace Death
Car manufacturing company Vauxhall has been fined £150,000 by the Health and Safety Executive (HSE) for an accident at work that led to the death of an employee. The accident, which occurred in 2010, saw electrician Ian Heard die as he was crushed by a piece of machinery. The HSE carried out a full investigation due the nature and severity of the injuries. The investigation found that employees were able to enter a dangerous part of machinery while stuck, and it was this that ultimately led to the death of Mr Heard.
It is the responsibility of all employers to ensure that employees and visitors to their site are safe and free from hazards. Where accidents at work are found to be due to the negligence of an employer, it is possible for the employer, or their family, to make a claim for compensation against the employer. Typically, the Health and Safety Executive will not be involved in judging cases or investigating what happened but they do become involved where accidents are considered serious.
With a death at work, it is possible for the victim’s family to make a claim against the employer. Losing a loved one is not only emotionally difficult for the family but can place a major financial strain on those that are left behind. Compensation for accidents at work will usually include some value for loss of earnings and a similar inclusion will normally be found in a death at work claim too. However, the HSE fine for Vauxhall was separate to this compensation.
A court case began in July, when Vauxhall was charged with failing to ensure the safety of employees and failing to ensure that employees could not access dangerous parts of machinery. The company pleaded guilty on both counts and the hearing was completed this week with Vauxhall being handed the fine by the HSE.
Pirelli have also been investigated by the HSE for similar problems. A 57 year old employee from Carlisle was working on a machine that inflated and checked the pressure of tyres when the machine jammed. The employee set the machine to manual, fixed the problem, and then returned to automatic operation. Unfortunately, after completing two more tyres, the machine jammed again. Without thinking, the worker attempted to free the jam without setting the machine to manual and once the jam was rectified, the machine began operating, trapping his arm and seriously damaging his shoulder in the process.
Pirelli Tyres received a £20,000 fine and more than £4,000 in prosecution costs. They too pleaded guilty to the case as the HSE found that the company did not complete a risk assessment or ensure that adequate safety procedures were in place.
Accidents at work can leave employees with serious injuries and unable to work. A compensation package can include the money that is needed to attend medical appointments, seek the rehabilitation and care that is required, and cover a loss of earnings. Call StocksLegal.co.uk today on 0800 988 9055 if you have been involved in an accident at work of if you have suffered the loss of a loved one through a workplace accident.
MAKING A CLAIM
Making a claim for your personal injuries with Stocks Legal is really easy. You can speak to an experienced personal injury solicitor today by calling 0800 988 9055 or you can use our online claim enquiry form by clicking here. There is no obligation and you have nothing to lose by speaking to us.
ABOUT THE AUTHOR
Mike Topper is the litigation manager at Stocks Legal Personal Injury Solicitors. Mike is highly experienced in all types of personal injury cases. He is highly focussed on client care and getting the maximum compensation that is available for his clients and their families. He rightly sees personal injury claims as a real must for the English legal System as without a proper compensation structure, many injury people can be left with no support or ongoing medical treatment.
If you have any questions arising from this article to can contact Mike by calling 0800 988 9055 or by sending him an email by clicking here.
Accidents At Work FAQ
Accidents at work can not only lead to serious injury and illness but they can also cause a loss of earnings and carry medical expenses. Victims of industrial accidents that were not at fault for the accident may have the right to claim compensation from their employer, or former employer, and below are answers to a number of questions that are commonly asked of the compensation scheme and the process involved.
Do I Have A Right To Claim Compensation?
Your employer is obliged to ensure that you remain safe and free from harm while you are at work. If it is possible to prove negligence on the part of your employer, whether through poor working conditions or even a lack of training or adequate safety gear, then you could have a strong case for claiming compensation. Every case is different, though, and it is important that you seek legal advice to determine whether you can claim.
How Long Do I Have To Claim?
Your first concern following an accident should be to ensure that you are OK, to report the accident, and to seek medical attention. Ideally, once you have seen a doctor or healthcare professional you should contact a solicitor that specialises in accidents at work. You have three years from the date of the accident to submit a claim so don’t leave it too long.
Will Claiming Affect My Job?
In reality, when you claim compensation from your employer, it is their insurance company that will meet any compensation cost and not your actual employer. You have a right to continue in your employment unaffected by your right to make compensation.
Will I Have To Appear In Court?
The majority of accident at work cases are settled before they reach court. This works out less expensive and less time consuming for all parties, but there are still some instances where the case will proceed to a court hearing. If it does reach court, then you will usually need to attend in order to put forward your side of events and to answer any questions that may be asked of you. Your solicitor will prepare you for this well in advance.
Will I Need A Medical Examination?
You will need to have a medical examination as part of the claims procedure. This examination will be carried out by at least one medical examiner and if you do not submit to the examination then your claim will be rejected.
What If My Employer Is No Longer In Business?
If you have suffered an accident at work and your employer is no longer in business you are still able to make a claim. You may receive compensation from a government run scheme that was set up for such eventualities.
MAKING A CLAIM
Making a claim for your personal injuries with Stocks Legal is really easy. You can speak to an experienced personal injury solicitor today by calling 0800 988 9055 or you can use our online claim enquiry form by clicking here. There is no obligation and you have nothing to lose by speaking to us.
ABOUT THE AUTHOR
Mike Topper is the litigation manager at Stocks Legal Personal Injury Solicitors. Mike is highly experienced in all types of personal injury cases. He is highly focussed on client care and getting the maximum compensation that is available for his clients and their families. He rightly sees personal injury claims as a real must for the English legal System as without a proper compensation structure, many injury people can be left with no support or ongoing medical treatment.
If you have any questions arising from this article to can contact Mike by calling 0800 988 9055 or by sending him an email by clicking here.
