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Hand Arm Vibration Syndrome Suffered by Employees Costs Company £20,000

Babcock Flagship Ltd has been ordered to pay costs of £10,000 and a fine of £10,000 after three men employed to maintain the grounds of HMS Raleigh were diagnosed with Hand Arm Vibration Syndrome or Carpal Tunnel Syndrome.

The three men employed to maintain the grounds of the naval base in Cornwall had used machinery such as hedge cutters and trimmers for up to 8 hours a day. The prolonged use of the vibrating tools led to permanent nerve damage.

An investigation by the Health and Safety Executive revealed the company had knowledge that vibration-related conditions or health issues could be exacerbated by the use of vibrating machinery and yet failed to take the necessary precautions to protect their workers.

Babcock Flagship Ltd had available to them reports between 2009 – 2011 which made them aware of the dangers of its staff developing Hand Arm Vibration Syndrome. The court was told that Babcock Flagship Ltld failed to put any precautionary measures in place to protect their staff either before or after having the reports available.

The HSE said the company failed to put any controls in place such as such as limiting their exposure to vibrating machinery or providing alternatives.
Speaking after the hearing, Health and Safety Executive Inspector Emma O’Hara said: “Almost half of all the ill-health reports sent to the Health and Safety Executive relate to Hand Arm Vibration and Carpal Tunnel Syndrome associated with working with vibrating tools, many from the horticulture industry.

The HSE has reported that half of all the ill-health reports sent to them relate to hand arm vibration and an estimated 2 million UK workers are at risk of vibration-related ill health such as Hand Arm Vibration Syndrome (HVAS) and Carpal Tunnel Syndrome. Once damage has taken place there is little that can be done medically to treat the condition.

Hand Arm Vibration Syndrome is normally suffered by workers in the mining, steel and engineering industries. Machinery that can cause HAVS include pneumatic drills and hammers, chainsaws, hand-held grinders and gardening equipment. Symptoms include tingling in the hands, aching in the wrists and forearms and numbness in the finger tips.

General PI NewsMay 9th, 20140 comments

Landmark Personal Injury Ruling Means Old Cases May Be Revised

A landmark ruling , in which a decade-old personal injury settlement has been allowed to be re-opened, could lead to thousands of old cases being revised. Joanne Dunhill settled for £12,500 in 2003 for a head injury that she suffered, with the insurance company not accepting liability. However, a new claimant firm took over the case, and argued that she was not of sound mind and that the settlement should not stand. A number of people have said that the decision by the High Court to allow the case to reopen means that similar cases could also be revised in the future.

Joanna Dunhill, now 53, suffered a head injury in 1999 and agreed to an out of court settlement of £12,500 without the insurer admitting liability. Ordinarily, in such instances, this would mean that the case had drawn to a close and no further action would be taken. Courts do not have to be involved in a settlement, and this typically means that the insurer and the claimant agree to a settlement where no liability or blame is agreed. For the claim this can mean access to compensation sooner, and with no lengthy court case, while the insurer typically agrees to pay an amount that they believe would be less than the court would dictate.

Ms Dunhill approached a different claim firm, and following this her new representatives argued in High Court that she was not of sound mind, and therefore not in a position to be able to accept the settlement figure at the time. They have said that she is due significantly more money that she was awarded, and rather than pursue a professional negligence claim, Dunhill’s lawyers have successfully argued that the original case should be re-examined.

The High Court has agreed with the argument, and a court date will be set to determine the new level of compensation that Dunhill will receive. However, lawyers and insurers have met the decision with worry and scepticism, stating that it means thousands of old cases could be reopened. Lady Hale, deputy president of the Supreme Court, stated that protected parties required protection not only from themselves but from legal advisers too.

General PI NewsApr 28th, 20140 comments

Lack Of Data Could Cost Malaysia Airlines Big In Personal Injury Payments

A specialist aviation barrister, Jonathan Chambers, has said that the lack of external data regarding the disappearance of flight MH370 could lead to the airline having to pay substantially more in compensation. Where the airline is able to show that they did nothing wrong, and were not at fault for death or injury caused on their plane, liability is limited to the equivalent of £100,000 per person. Where this cannot be proven, which is highly likely if the plane cannot even be located, they are open to unlimited personal injury liability. Mr Chambers went on to say that the industry as a whole should look more carefully into external data collection practices.

The vast majority of data recorded about a flight is recorded on the plane itself. From eye witness accounts, to the contents of the black box, and even the condition of the plane itself, if the plane and passengers cannot be found, then it means that the exact reason and cause of the accident cannot be proven. This is especially important to the airlines, because they must be able to show that they were not at fault. If they cannot call on any evidence from the plane, even though it may not be possible to prove that the airline were liable, they will not be able to prove otherwise.

The Montreal Convention is a specific set of rules that were drawn up in 1999 by members of the International Civil Aviation Organization. It is a multilateral treaty, which means all those that signed up agreed to be bound by the terms of the Convention. Primarily, it introduced a two-tier compensation system. Where airlines can prove they were not liable for damage or injury, their liability would be limited to £100,000. If they are not able to show this, then the liability amount is unlimited.

The search for flight MH370 continues, and even when the plane is found, it is uncertain what the findings will be and whether the airline is at fault, or will be able to prove that they are not. However, for now, at least, Malaysia Airlines faces a substantial compensation bill.

General PI NewsApr 21st, 20140 comments

Ketchup Slip Teacher Awarded £230,000 Compensation

Essex County Council settled for £230,000 with a male teacher after he slipped on a Tomato Ketchup sachet and suffered severe injuries. Groups, including the Taxpayers’ Alliance, have condemned the settlement, which accounts for legal costs as well as losses to earnings and pensions, and compensation for the severity of the injuries suffered. A freedom of information request shows that the payment was just part of more than £1m paid to teachers by the council in three years.

Personal injury claims, and claims for accidents in the workplace, provide compensation to victims that suffer injuries and illnesses that are not their fault. Compensation is provided according to the extent of the injury, and a sum is also provided according to any loss of earnings and loss of other financial benefits, such as pension entitlements. The actual size of the compensation awarded, therefore, can vary considerably according to the details of the actual accident.

In the case of one teacher, Essex County Council opted to settle out of court, believing that the payment due would have been much higher when it included court and legal costs. Out of court settlement is a possibility with any such personal injury claim, although some insurance companies may demand that the case be contested.

A Freedom of Information request revealed the extent of the £230,000 payment. £90,000 was paid in damages for the extent of the injuries, while £120,000 was earmarked for legal fees and the remaining £20,000 we put aside for other costs. The request also showed that more than £1m was paid out during a three year period to teachers from the Essex district alone. A member of school staff was awarded £110,000 after slipping on a wet floor twice in the same day and suffering spinal injuries. One teacher was awarded £40,000 when a faulty metal door swung open.

Jonathan Isaby of the Taxpayers’ Alliance said that the payouts were a waste of taxpayer’s money. He went on to say that it meant that there was less money to pay teachers, and that it would result in higher tax bills for everybody else, in order to foot the bill for the compensation packages.

General PI NewsApr 14th, 20140 comments

ICO Warns Legal Firms Of Penalties For Unlawful Lead Generation

The Information Commissioner’s Office, the ICO, has said that personal injury firms could face penalties for using leads that have been collected unlawfully or using unlawful lead techniques. They have said that ignorance is no excuse, and that those companies that do continue to flaunt the rules could be hit with substantial penalties, even in cases where they have paid for the lads from a seemingly legitimate source, but it turns out that the lead generation firm had used practices like nuisance calls and texts.

It is common practice for law firms to use lead generation agencies to acquire their leads. This prevents the firm from having to undertake the process themselves, but it leaves them open to whatever strategies those firms use to generate the leads. There has been a clampdown against unlawful and nuisance lead generation tactics. Such tactics include unsolicited nuisance calls and spam texts. Such techniques do still continue, and many people complain that they receive multiple calls and texts in a short space of time.

Consumer group Which? conducted research that found eight in ten people receive at least one unsolicited call in any month. Worse still, the research went on to show that one in ten actually receive 50 or more calls in a one month period. The research also showed which categories of claims were most likely to generate the largest number of nuisance calls. Payment protection claims calls were made to six in ten people while personal injury calls were received by five in ten, or half of those asked. Which? has subsequently lobbied for heftier fines to be levied against those companies that are guilty of the calls and texts.

The Information Commissioner’s Office, the ICO, has said that a record number of complaints against personal injury companies were recorded during the last three months of 2013. A total of 1,645 complaints were made regarding personal injury claim companies and they have said that although they think many solicitors may be unaware they are breaching the laws, they should be prepared to perform due diligence when sourcing leads, because the fines will apply regardless of whether they knew how leads were being sourced.

General PI NewsApr 5th, 20140 comments