Construction Worker Injury 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.

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.

Joiner Accident Compensation for Injury due to Insecure Load

March 7th, 2012 | By News

A self-employed joiner, who was left  partially paralysed when an 8 foot piece of plyboard hit him during a storm, has been awarded more than a million pounds in compensation for injury due to insecure load in an out of court settlement.

Christopher Holmes (34) from Peterborough, Cambridgeshire, was working on the roof of Longsands College in St. Neots in November 2007 when the tragedy happened. While he was covering the insulation which had been laid on the roof, a gust of wind caught the 8 foot piece of plyboard and blew it straight at Christopher – knocking him unconscious.

Christopher was quickly taken to Addenbrooke´s Hospital, where doctors diagnosed him with a severe spinal injury. Despite many return visits to the hospital for specialist treatment, Christopher – a father of three young children – is now patrially paralysed, not able to move his fingers or legs and requires round-the-clock care.

After seeking guidance from his solicitors, Christopher made a personal injury compensation claim against the contractors for the site – the nationwide firm R.G. Carter Construction Ltd – alleging that the plyboard which hit him should have been secured to prevent such an accident. Four years after his injury happened, liability was admitted and a seven figure settlement was agreed in compensation for injury due to insecure load.

Machine Operator Brain Injury Compensation Awarded

February 14th, 2012 | By News

A man who suffered severe injuries when struck in the face by a piece of machinery on a construction site has been awarded a brain injury compensation package calculated to be in excess of 4 million pounds.

Christopher Kaye (57) was working on the construction site in Sheffield for Euro Dismantling Services Ltd when the incident occurred in October 2008. Christopher was changing the grapple attachment on an excavator when he was struck in the face and knocked to the ground by an iron bar which sprang from the release mechanism.

Christopher was rushed to hospital where he had emergency surgery to save his life, however the incident left him with permanent brain damage which means he now requires around-the-clock care.

After taking legal counsel, Christopher´s wife – Sue – filed a brain injury compensation claim against her husband´s employers, alleging that Christopher had not been provided with adequate training or protective equipment in order him to complete the job safely.

Euro Dismantling Services Ltd initially denied the claims but, shortly before the case was due to be heard before court, the company tabled an offer of 90% responsibility for Christopher´s injury.  A lump sum compensation payment of 1.75 million pounds was settled on in brain injury compensation, with annual payments of 135,000 pounds to follow for the remainder of Christopher´s life – a total in excess of 4 million pounds should Christopher live for a further twenty years.

Welder Hearing Damage Compensation of 12,000 Pounds Awarded

February 2nd, 2012 | By News

A  welder, who sustained 50 per cent hearing loss after continuous  exposure to noise in a manufacturing plant, has been awarded 12,000 pounds compensation from his former employer.

Stephen Rothwell (50), had worked at Henry Smith Constructional Engineering from when he finished school in 1976 until 2003. As part of his duties, he had to weld steel plates in the noisy steel fabrication plant in Winsford, Cheshire.

However, Stephen was never told that he should have protection for his hearing, and none was ever given to him. Due to this, Stephen developed tinnitus and lost 50 per cent of his hearing – he now needs hearing aids in both ears.

After seeking legal guidance, Stephen was tested by audiologists, and a claim was registered against his former employers. He has now been awarded 12,000 pounds in compensation after Henry Smith Constructional Engineering admitted liability for the hearing damage.

BT Engineer Compensation Claim for Mesothelioma is Successful

December 5th, 2011 | By News

A judge at the High Court has awarded an interim payment of compensation for mesothelioma to a BT Engineer who had worked for the telecommunications giant for 27 years.

Frederick Vincent, aged 76, from Torquay in Dorset was awarded the five-figure sum as an interim payment to provide him with the private care he requires immediately, pending a full settlement of BT engineer mesothelioma compensation still to be determined.

The court heard how Frederick worked as an installation engineer for BT between 1962 and 1989 and often came into contact with asbestos while working in telephone exchanges in Devon where he had to drill through asbestos insulation boards to gain access to telephone wires.

Frederick also explained that he worked close to asbestos-lagged pipe work and his exposure to asbestos had been attributed to his developing mesothelioma cancer – a diagnosis he received on his fiftieth wedding anniversary earlier this year.

The judge found against BT for negligently exposing their employee to asbestos dust and awarded the interim payment of BT engineer compensation for mesothelioma. The money will enable Frederick to pay for special private nursing care and equipment to help him through the final stages of his illness, and also to purchase a car in order that Frederick´s wife – Jean – can drive him to medical appointments.

Update February 2012: Sadly, Frederick died due to malignant mesothelioma cancer on 31st January.


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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