Construction Injury Claims News

Road Traffic Accident Victim Receives Compensation from High Court

May 20th, 2016 | By News

A claim for a road traffic accident injury compensation, made by a passenger involved in a fatal car crash in Antrim, has been settled at the High Court in Belfast.

In July 2012, Rosie Sands (29)–an high-achieving sailor and honours degree student from Exmouth in Devon – was invited to stay with friends in Northern Ireland. On the way home from collecting another friend-Michelle Hulford (21 years of age at the time of the incident) from the airport, the car they were travelling in was involved in a head-on collision with a jeep on the A57 outside Doagh in County Antrim.

Michelle was fatally killed in the accident. Rosie, the driver of the car and two other passengers were taken to hospital by ambulance with multiple injuries. Rosie was treated for wounds to her back, abdomen and shoulder; but, on her return to Exmouth, she continued to suffer from flashbacks and nightmares, and was diagnosed as suffering from Post Traumatic Stress Disorder.

Rosie sought legal counsel from a solicitor, and made a claim for Antrim road traffic accident injury compensation against the driver of the jeep – Stephen Hamilton. Hamilton admitted liability for causing the accident in which Rosie and her friends were injured, but no agreement could be reached on the amount of compensation she was entitled to receive.
Consequently the claim for Antrim road traffic accident injury compensation was heard by Mr Justice Adrian Colton at the High Court in Belfast. At the hearing, the judge was told that Rosie´s injuries had prevented her from completing her honours degree in religion and education at Bath Spa University and competing in the British Sailing Championships.

Judge Colton also heard how Rosie´s life had changed “irrevocably” due to the severity of her injuries. Previously a Gold Standard sailor who had competed in the World Sailing Championship, Rosie´s injuries, Rosie was now unable to sail competitively. The judge was also told that Rosie had to abandon a planned career in the RAF or Navy.

Commenting that the evidence Rosie had given in support of her Antrim road traffic accident injury compensation had been “honest, understated, stoical and admirable”, Judge Colton awarded her £464,655 compensation in respect of her pain and suffering, loss of income and to cover the costs of her medical treatment.

Cyclist Receives Compensation from Council due to Injury on Poorly Maintained Roads

April 12th, 2016 | By News

In December 2013, David Robinson-a 52 year old chartered surveyor from Edinburgh and keen cyclist-was cycling with members of the Edinburgh Cycling Club when. The group of twelve riders approached the bridge crossing the Biggar Water on the A701 near Broughton. Suddenly, the front wheel of David´s bike lodged in a metal groove in the road surface. David was thrown into the air and landed on his right arm – suffering multiple lacerations and bruises and fracturing his wrist and elbow.

An investigation was launched into David´s cycling accident, which found that the groove was one of several joints between an old masonry arch and a newer concrete construction that had been built in 1990 and that sat proud of the road surface.

As a result of his injuries, David sought legal counsel and made a claim for cycling injuries due to a poor road surface against Scottish Borders Council-the body in charge of road maintenance–alleging that the exposed groove represented a hazard in the road that local authority had failed to deal with.

Scottish Borders Council contested the claim for cycling injuries due to a poor road surface on the grounds that the exposed groove did not constitute a defect, and that David´s accident was more likely attributable to his own lack of care.

The case went to the Court of Session in Edinburgh, where Lady Wolffe heard that the edges of the grooves would not have been exposed if work carried out by the council in May 2015 had been completed competently and brought the level of the roads surface up to or above the level of the exposed joints.

The judge dismissed Scottish Borders Council´s argument that David should have taken more care while cycling along the road, saying that there was no evidence to support claims that David was riding inappropriately “in either speed or manner, having regard to the weather and road conditions”.

Finding in David´s favour, Lady Wolffe awarded £100,000 in settlement of the claim for cycling injuries due to a poor road surface – an amount that had been agreed prior to the hearing should Scottish Borders Council be found at fault.

Carbon Monoxide Poisoning Compensation Paid by Service Company

January 10th, 2013 | By News

A property service company, based in London, has been fined £165,000 and ordered to pay £19,000 in carbon monoxide poisoning compensation after a successful prosecution by the UK Health Service Executive.

Apollo Property Services Group Limited was found guilty of breaching section 3(1) of the Health and Safety etc. at Work Act 1974 after an examination into work carried out on the Abbey Road Estate in Camden, London, during which seven residents were medically treated for carbon monoxide poisoning.

The firm carried out the repair work on the roof of the estate in February and March 2008; however it was discovered that they did not have an adequate system in place to identify which of the boiler flues were still in use and the work went on without any inspection being made.

The service company were also ruled to be negligent in ensuring that the renovation work was properly supervised, sure that workers were made aware of the risks of working close by to boiler flues or training them in safe working procedures.

Apollo Property Services Group Limited were fined £165,000 at the Central Criminal Court and ordered to pay £117,582 in costs and £19,000 in compensation. Residents who suffered because of the company’s negligence will now be sble to claim carbon monoxide poisoning compensation in private civil claims.

New Scottish Court Planned for Personal Injury Claims

October 10th, 2012 | By News

A new court is to be set up in Edinburgh which will deal solely with personal injury claims in Scotland in line which recommendations made in Lord Gill´s review of Scotland’s court system.

The 2009 review showed that personal injury claims in Scotland – which can currently be heard in the Court of Sessions if their expected value is in excess of 5,000 pounds – were taking too long to process and the system was starting to become too expensive to maintain.

The news was greeted with general approval by trade union organisations and solicitors, who believe the new system will result in fairer and more consistent levels of personal injury compensation in Scotland when claimants have been injured in accidents at work, on the roads and in places of public access through no fault of their own.

Despite statistics showing no real increase in the number of personal injury claims in Scotland, one leading solicitor was quick to put down suggestions that the new court was needed because of a growing “compensation culture” in Scotland.

“‘Compensation culture’ is just a phrase that has been created to put people off making claims and save the insurance industry money” he argued. “You don’t stop claims by preventing people who are injured seeking just redress. You stop claims by preventing accidents in the first place.”

Legislation next autumn is anticipated to confirm the establishment of the new court and it is expected that its venue will revealed as Edinburgh´s Parliament House – where personal injury claims in Scotland are already heard by Court of Session judges, but who in future will be replaced with experienced Sheriffs.

Fund Set Up to Provide Compensation for Mesothelioma Victims

August 10th, 2012 | By News

The Government have revealed that a 300 million pounds compensation fund is to be established to provide compensation for mesothelioma victims unable to trace their previous employer or their previous employer´s insurers.  

The new scheme – which will be funded by the insurance industry – is expected to benefit approximately 3,000 victims of the industrial disease over the next ten years who would have missed out on compensation for mesothelioma victims. Although the scheme will take up to two years to pass through parliament, patients diagnosed with mesothelioma cancer from 25th July 2012 will be entitled to claim compensation for diffuse mesothelioma cancer when it can be shown that they – or their solicitors – have not been able to trace the liable party or their insurers.

Despite being welcome news for the approximated 300 people diagnosed with the asbestos-related cancer each year who would otherwise be unable to claim asbestos compensation for mesothelioma victims, campaigners and members of the Association of Personal Injury Lawyers (APIL) have criticised the steps for not being more comprehensive. Those diagnosed with mesothelioma cancer before 25th July will not be included from the scheme, as will those diagnosed with asbestos-related diseases other then mesothelioma cancer.

Former employees of companies still in existence – such as engineers employed by BT who were exposed to asbestos while setting up new telephone exchanges – will not be affected by the alteration, and should claim compensation for mesothelioma victims against their former employer with the assistance of a solicitor.

Good Samaritan Scaffolding Fall Injury Compensation Approved

July 1st, 2012 | By News

A man, who suffered serious head injuries when he fell from scaffolding while trying to help his brother repairing his roof, has had a scaffolding fall injury compensation settlement of 750,000 Euros approved at Dublin´s High Court.

Patrick Rayner was getting prepared to assist his brother replace slates which had been displaced from his roof when the accident occurred in December 2008. While standing on top of a scaffolding tower, Patrick was trying to take hold of a roofing ladder which was being given to him when he fell three metres to the ground – sustaining a fractured skull and leaving him with a deficit of smell and taste and a loss of hearing.

Through his wife, Julia, Patrick took a claim for fall from scaffolding compensation against his brother – John Rayner of Killmallock, County Limerick – alleging that John had neglected to ensure that the scaffold tower was secured to the building or other permanent structure, was negligent in failing to strut or brace the scaffolding tower and had failed to take adequate precautions to ensure his safety while he was assisting with the roof repairs.

At the High Court, Ms Justice Mary Irvine heard that damages had been settled on at 750,000 Euros and the case was before her for approval of damages only. After hearing of Patrick´s injuries, the judge approved the compensation settlement of scaffolding fall injury compensation, stating that this was a case in which a Good Samaritan deed had ended in tragedy.

Scaffolding Pole Injury Man hit by Compensation Approved

June 20th, 2012 | By News

A man, who sustained a serious brain injury when a scaffolding pole fell 14 storeys and hit him on the head, has had a seven-figure settlement of scaffolding pole injury compensation approved at Bristol High Court.

Richard Chodkiewicz (54) from Lawrence Weston, Bristol, was a lift engineer and part of the construction team working on the conversion of the Radisson Blu Hotel in Broad Quay, Bristol, when the incident happened in July 2008.

While Richard was working on the elevator shaft on the ground floor of the building, a 50cm scaffolding pole weighing 3.7 Kg, which was being used as an improvised plumb line, fell from the wire to which it had been attached and fell 14 storeys.

Despite donning a hard hat, the force of the falling scaffolding pole on Richard´s head left him fighting for his life at Frenchay Hospital in Bristol, where he underwent emergency surgery and then spent more than six weeks in intensive care.

Richard leave hospital for almost eighteen months after the accident, such were his injuries and his need for intense rehabilitation. The father-of-five now has restricted movement, speech difficulties and needs twenty-four hour care due to his short-term memory problems.

Bristol Crown Court was told that Richard´s employer – Hoistway Ltd – and Miller Construction (UK), the company liable for building the city centre hotel, had both been found in breach of health and safety regulations following a Health and Safety Executive examination into the accident and the case was before the court for final approval of negotiated damages only .

After hearing some details of the undisclosed scaffolding pole injury compensation settlement, which will provide adequate funds to compensate Richard for his loss of earnings and cover the costs of the lifetime of care he will now require, the court approved the settlement.

Crush Injury at Work Compensation for Rig Worker

June 12th, 2012 | By News

A rig worker who sustained permanent debilitating injuries when he was crushed between a drill pipe and the derrick leg of the gas rig he was working on, has been awarded 4.1 million dollars in compensation for crush injury at work by a federal jury in Colorado.

Von Phathong (42) was working with by Houston-based Tesco Corp (US) as a “roughneck” (labourer) on a drilling rig at Rifle, Colorado, when the accident happened in December 2005. As he was helping with the change of heavyweight drilling pipe, the unsecured lower drill pipe swung into Von and crushed him up against the rig´s derrick leg.

Von suffered many spinal breakages and herniated cervical discs and will never be able to work again because of the pain he experiences whenever he moves. After being sent home from hospital, Von sought legal advice about claiming compensation for a crush injury at work and, as Tesco Corp (US) denied their liability for Von´s injuries, the case was heard before the United States District Court for the District of Colorado.

In court, Von´s solicitors showed proof that the “crossover sub” which was being used to connect the two drilling pipes had the wrong thread and the supervisor on the rig had tried to use a powerful top-drive to force the thread of the crossover sub and the drill pipe together. It was also revealed that the drill pipe which caused Von´s injuries should have been secured before the operation was begun.

Further evidence at trial showed that Tesco Corp´s health and safety was the worst ever seen by a drilling expert brought in to back up Von´s claim for crush injury at work compensation and that the site worked on a culture of “intimidation and fear”. The jury at the United States District Court for the District of Colorado found Tesco Corp (US) 90 percent liable for Von´s injuries and awarded him 4.1 million dollars in accident compensation for a crush injury at work

Increase in Work Deafness Compensation Claims

May 29th, 2012 | By News

One of Europe´s largest work injury insurer´s – Zurich Insurance – has showed that work deafness compensation claims increased by almost 25 percent in the UK during 2011.

The insurance company alleges that part of the significant increase in claims from employees seeking compensation for work deafness is due to the advertising of claims companies targeting this particular industrial disease; but personal injury solicitors have pointed to a recent change in the law which lowered the noise threshold above which employees could claim hearing injury compensation.

The Health and Safety Executive has estimated that more than one million employees in the UK are exposed to severe levels of noise at work, and the TUC claims that 170,000 people suffer deafness, tinnitus or other ear injury due to being exposed to excessive noise at work.

Solicitors´ organisations have identified a variety of settings from which claims for work deafness compensation have begun – including bars and shops as well as more traditional manufacturing environments – but, as a Cenric Clement-Evans of the Association of Personal Injury Lawyers explained, proving that a work deafness injury is attributable to the negligence of an employer can be problematic.

 

Compensation Claim for Broken Leg on Construction Site Settled

May 20th, 2012 | By News

A Philadelphia construction employee, who suffered multiple leg fractures and a spinal injury when a poorly-braced wall fell on top of him, has settled his claim for broken leg on construction site compensation for 2.6 million dollars.

Jairo DaSilva-Viero was at work on the Dobson Mills Apartment site in East Falls, Philadelphia in May 2007 as a wall framer, when a poorly-braced wall dropped onto him – breaking his hard hat and causing him to sustain multiple fractures in both legs and a spinal injury.

After making a partial recovery, doctors told Jairo that he was not likely to work again as a construction worker and, after seeking legal guidance, he made a claim for broken leg on construction site compensation against the owners of the site – Winther Investments.

It was alleged in the claim that the company that had been sub-contracted to brace the walls – Mega Construction Corp. – was supposed to be supervised by the general contractor, Tocci Commercial. Tocci Commercial, it was claimed, did not have adquate resources or knowledge to competently maintain site safety and despite knowing this, Winther Investments ignored the problem.

The claim proposed that ultimate responsibility for the health and safety of construction workers building the Dobson Mills Apartments rested with Winther Investments, and as they had allegedly failed in their duty of care by hiring Tocci Commercial and then declined to address mounting safety issues at the site.

The settlement of broken leg on construction site compensation was agreed shortly before the case was to begin at the Philadelphia Court of Common Pleas before the Honourable John A. Lord.


Determine whether you have construction injury claims worth your while to pursue by speaking with a solicitor from our freephone Construction Injuries Compensation Service. Determine whether you have construction injury claims worth your while to pursue by speaking with a solicitor from our freephone Construction Injuries Compensation Service.
Determine whether you have construction injury claims worth your while to pursue by speaking with a solicitor from our freephone Construction Injuries Compensation Service. Determine whether you have construction injury claims worth your while to pursue by speaking with a solicitor from our freephone Construction Injuries Compensation Service.

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Determine whether you have construction injury claims worth your while to pursue by speaking with a solicitor from our freephone Construction Injuries Compensation Service.
Determine whether you have construction injury claims worth your while to pursue by speaking with a solicitor from our freephone Construction Injuries Compensation Service.
Determine whether you have construction injury claims worth your while to pursue by speaking with a solicitor from our freephone Construction Injuries Compensation Service.

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