Month: November 2015

Salford Construction Firm Fined for Safety Breaches

A construction firm has been fined following an incident in which a 54 year old worker suffered severe cement burns to his knees.

Incident

On 26 November 2014, an employee of DLP Services (Northern) Limited, knelt in unset concrete in order to manually complete the laying of concrete flooring in a domestic bungalow. This resulted in the worker suffering from severe cement burns to his knees, resulting in 12 days in hospital and on-going treatment.

An investigation by the Health and Safety Executive (HSE) found that the risks had not been adequately assessed by the firm and suitable control measures to prevent employees’ skin coming into contact with the wet concrete had not been implemented. The HSE’s investigation also found that there were no welfare facilities on site and that DLP Services (Northern) Limited had not provided suitable Personal Protection Equipment.

Sefton Magistrates’ Court heard that previously, in June and September 2014, the firm had been served with HSE Improvement Notices regarding the lack of welfare facilities available to employees.

Sentencing & Fines

DLP Services (Northern) Limited of Cobden Street, Brindle Heath Industrial Estate, Pendleton, Salford admitted breaching section 22(1) of the Construction (Design and Management) Regulations and Regulation 7(1) of the Control of Substances Hazardous to Health Regulations. The construction firm was fined £14,000 and ordered to pay £1,590 in costs.

HSE inspector Anne Foster said:

“The injuries the employee suffered were entirely foreseeable and avoidable had the company implemented suitable controls, such as the use of long-handled tools, or the provision of suitable chemical resistant PPE. It is also wholly unreasonable to expect workers to travel four miles to find welfare facilities.”

Injury at Work – Expert Advice

We are personal injury claims experts – our specialist accident claims solicitors are here to provide you with on-going valuable support.

If you have been injured in the workplace and you would like expert advice on this type of case, contact Hampson Hughes Solicitors today on 0800 888 6 888 or email claims@hampsonhughes.com for FREE initial consultation.

Source: Health & Safety Executive

Roofing Firm Prosecuted for Safety Breaches

A roofing and insulation firm has been fined after a worker injured his arm at Prospect Quarry in Matlock.

Incident

Self-employed Graeme Myers, 48, from Belper, was carrying out work on an auto-plant machine on 2 July 2014. Mr Myers leant over a fence attached the machine, which was still running, and he was struck by the pusher block of the auto-plant machine (a block used to move empty trays).

The block struck Mr Myer on the arm, leaving him with muscle loss. Immediate surgery was required to close the wound and as a result Mr Myers was unfit to work for around 3 months.

At Chesterfield Magistrates Court, it was concluded that the fence should have been higher in height in order to prevent access to the pusher block, as well as other various dangerous parts of the machine.

The court heard that IKO Plc had changed the location of the machine, but failed to recognise a change in floor levels. This change resulted in the height of the guard being reduced, thus giving access to dangerous parts of the machine.

Prosecution & Fines

After pleading guilty to breaching Regulation 11 (1) of The Provision and Use of Work Equipment Regulations 1998, IKO Plc of Appley Bridge, Wigan was fined £10,000. The firm was also ordered to pay £2,331.21 in costs and a victim surcharge of £120.

Health and Safety Executive Inspector Lyn Spooner said after the hearing:

“This was a very simple case where IKO Plc had overlooked the conditions of its new site in its risk assessment and as a result failed to identify the reduced height of the fence guard, allowing access to dangerous parts of the machine. It was an obvious risk, and as a result one their workers was seriously injured.

“Companies must prevent access to dangerous parts of machinery in order to prevent serious injury and in cases like this there are often simple measures that could and should have been taken to prevent the accident occurring ”

Injury at Work – Expert Advice

We are personal injury claims experts – our specialist accident claims solicitors are here to provide you with on-going valuable support.

If you have been injured in the workplace and you would like expert advice on this type of case, contact Hampson Hughes Solicitors today on 0800 888 6 888 or email claims@hampsonhughes.com for FREE initial consultation.

Source: Health & Safety Executive

Three Employees Injured by Electric Cable

Electric services firm Cannock Electrical Services has been fined for safety failings after three employees were injured whilst carrying out the refurbishment of a building on Five Ways Island.

Incident

In February 2015, three workers were lowering an electric cable by hand, from the 20th floor of the Prominent Building, Hagley Road, to the basement. At one point the cable slipped and as it did so, the cable whipped round and struck all three employees.

One worker suffered minor injuries, whilst the second and third employee suffered a serious break to his leg and a fractured ankle.

Investigation & Prosecution

Following an investigation, the Health and Safety Executive (HSE) found that supervision of the task was insufficient and that the initial planning for the work was inadequate. HSE’s investigation also found the method in which the work was carried out to be unsafe.

Cannock Electrical Services Limited, of Progress Business Centre, Brookfield Drive, Cannock, pleaded guilty to an offence under Regulation 13(2) of the Construction (Design and Management) Regulations 2007. The firm was fined the sum of £13,000 and ordered £587 in costs, along with a victim surcharge of £120.

Injury at Work – Expert Advice

We are personal injury claims experts – our specialist accident claims solicitors are here to provide you with on-going valuable support.

If you have been injured in the workplace and you would like expert advice on this type of case, contact Hampson Hughes Solicitors today on 0800 888 6 888 or email claims@hampsonhughes.com for FREE initial consultation.

Source: Health & Safety Executive

Glass Manufacturer Prosecuted for Safety Failings

A Chester based firm that manufactures glass has admitted to serious safety breaches after a flash fire injured two employees.

Incident

Two employees of Encirc Ltd suffered burns to their faces and hands after a gas canister exploded in May 2014.

Liverpool Magistrates’ Court heard how the employees were welding pieces on work benches when a gas canister exploded. The court heard that there were flammable aerosols stored where the employees were working; causing a flash fire to start and both men were injured.

Other employees were also put at risk as oxyacetylene welding was taking place in the same area, increasing the likelihood of another explosion.

HSE Inspection

It was revealed following an inspection by the Health and Safety Executive (HSE) that no one had carried out a risk assessment or provided operatives with instruction relating to the use and storage of flammable substances when working.

Following the inspection, HSE deduced that the firm had failed to assess the risk, to implement regulation measures and that the firm had also failed in its duties towards its employees.

Prosecution & Fines

After pleading guilty to breaches of Section 2(1) of the Health and Safety at Work etc. Act 1974, Encirc Ltd was fined £1,800 and ordered to pay costs of £4,840.90.

HSE Inspector Jane Carroll said after the hearing:

“This case highlights the fact that a failure to properly assess the risks within a workplace and take effective remedial action can lead to poor practices developing and employees being injured.”

Injury at Work – Expert Advice

We are personal injury claims experts – our specialist accident claims solicitors are here to provide you with on-going valuable support.

If you have been injured in the workplace and you would like expert advice on this type of case, contact Hampson Hughes Solicitors today on 0800 888 6888 or email claims@hampsonhughes.com for FREE initial consultation.

Source: Health & Safety Executive

85% of Child Sex Abuse Unreported According to New Data

From April 2012 to March 2014, around 50,000 cases of child sex abuse were reported to the police. However, a recent study by the Children’s Commissioner for England suggests that the number of children abused in that period is actually around 450,000.

Key Findings

Key findings of the study were as follows:

• 75% of child sex abuse victims were female
• Two thirds of child sex abuse took place within or close to the family environment
• The age at which child sexual abuse is most likely to occur is just 9 years
• Not recognising what has happened to them, a large number of victims do not speak out about their abuse until their teenage years or later
• Even once a child has confided in someone, it is unlikely that the abuse will stop

In recent years there has been a major focus on child sex abuse occurring within institutions or by groups of offenders. However, the report has highlighted the fact that the majority of abuse takes place within families or trusted circles. Children’s commissioner Anne Longfield said:

“We must now wake up to and urgently address the most common form of child sexual abuse – that which takes place behind the front door within families or their trusted circles.

“The children’s commissioner has called for urgent action from government and more training to help teachers, social services, police and other professionals identify abuse early on.

“There are always signs. Children can become withdrawn or show overly sexualised behaviour. If you know the child it will be obvious to see changes in their behaviour.”

Most Detailed Analysis Yet

The Children’s Commissioner’s report scrutinised information from a variety of sources, including surveys from over 750 survivors of child abuse, as well as police and local councils. The study also examined a recent study of child mistreatment that found 11.3% of young adults (18-24) had suffered sexual abuse as a child.

The report is said to be the most detailed analysis of child sex abuse in England to date.

Simon Bailey, Norfolk Chief Constable, is responsible for police child protection and abuse investigations throughout the country. He said of the report:

“The numbers are staggering [but] I’m not that surprised.

“I’ve regularly talked about the level of child abuse reported to police as being the tip of the iceberg.”

Chief Constable Bailey also went on to admit that although police had made significant improvements in dealing with child abuse reports, there was still work to do.

“Jimmy Savile in 2012 was a watershed moment, for the police service in particular. This now has to be a watershed moment for all agencies involved in child protection.

“We have to fundamentally rethink how we go about stopping abuse of this nature happening on the horrific scale the commission has identified.”

Call for Government to Take Action

The report has called for a number of serious actions to be taken by government to prevent child abuse, including:

• To train teachers to identify any signs or symptoms of abuse, along with actions to be taken afterwards
• Compulsory lessons for children from the age of five, to be taught about healthy and safe relationships
• To teach children to speak to an appropriate adult if they have any concerns relating to abuse
• Increasing the responsibilities of those individuals working with children
• To offer support to children from the moment they disclose abuse
• To have an appropriate intermediary such as a child psychologist to be present during evidence interviews with children
• To ensure that all police forces make a record of all child sexual abuse related offences

The recommendations laid out in the report would be ‘carefully considered’, the Department for Education has said.

“[This government] set up the first ever cross-government child protection taskforce to overhaul the way police, schools, social services and others work together in tackling this abhorrent crime.

“We have also invested an extra £100m to support vulnerable children and we are providing £7m for services supporting child abuse survivors.”

The burden of disclosing abuse must be not be something that children should have to endure, according to Roy Perry of the Local Government Association. However, he has stressed that ‘councils cannot do this alone. We need support from a million eyes and ears amongst the public.’

Children’s Commissioners in Northern Ireland, Scotland and Wales stated that they had no equivalent figures on child abuse.

Sexual Abuse – Expert Advice

Hampson Hughes Solicitors specialises in directing sexual abuse claims in a considerate and compassionate manner. Our Abuse & Criminal Injuries Department is headed by Greg Neill – Greg is a member of the Association of Child Abuse Lawyers (ACAL).

For an open and friendly conversation about your situation, and to find out how we can assist you relevant to your individual experience, call 0800 888 6 888 or email info@hh-law.co.uk

Source: BBC News

Three Year Old Injured by Fairground Ride

A young child suffered serious injuries to his hand after it was ran over by a children’s fairground ride at a yearly event called the ‘Shiremoor Treat’ in North Tyneside.

Incident

On July 6 2013, the three year old child was on a day trip at the fairground with his grandmother and cousins. The child had removed his shoes in order to play on a bouncy castle and his grandmother was helping him put his shoes back on. As his shoelaces required tying, the child sat on the steps of the ‘Mickey Express’ train ride. While his laces were being tied, the child leant backwards, stretching his arms out behind him in the process.

North Tyneside Magistrates’ Court heard that after the child stretched his arms out, the train began to move and trapped his fingers between the wheels of the train and the track. The child required surgery and numerous stitches on his fingers. The child has since made a good recovery.

Prosecution

In September this year, Jamie Clark, of Serlby Park, Hetton Le Hole, Tyne and Wear pleaded guilty to an offence under Section 3 of the Health and Safety at Work etc. Act 1974. He was fined £1,000 and ordered to pay costs of £600.

Shuna Rank, an inspector for the Health and Safety Executive, said:

“This was an entirely preventable accident. The risk of trapping was obvious and should have been identified by the ride operator in his risk assessment. The provision of a fence around the ride was a simple precaution that would have prevented the accident.”

Personal Injury Compensation – Expert Advice

If you have been injured in accident that was not your fault, you could be entitled to personal injury compensation. We offer you a FREE no-obligation consultation – discuss your claim with us today and discover the amount of compensation that you could be owed.

For further information, speak to a member of our dedicated team or request a call back on 0800 888 6 888 or email claims@hampsonhughes.com

Source: Health & Safety Executive

Worker Suffered Fatal Injuries after Being Struck by HGV

Imperial Commercials Limited has been prosecuted and fined after an employee was killed whilst working for the commercial vehicle company.

Unsafe Practice

Father of three, Craig Stewart Dunn, was struck and crushed by a heavy goods vehicle (HGV) whilst he was working outside the firm’s workshop in Loxley Road. The driver of the vehicle could not see what was immediately in front of him, as the front grill of the HGV was raised. At the time, the driver thought he had hit a stationary vehicle and did not realise he had hit Mr Dunn, 44.

Warwick Crown Court was told that this was not the first time that vehicles were driven in such an unsafe manner at Imperial Commercials Limited. The court heard that on occasion, employees of the commercial vehicle company would drive HGVs around the site in Wellesbourne with the front grill raised, obstructing the driver’s view.

Sentencing & Fines

After pleading guilty to offences under Section 2(1) of the Health & Safety at Work etc Act 1974 at an earlier hearing, Imperial Commercials Limited, registered at Imperial House, High Street High, Wycombe, was fined £166,000, and ordered to pay £46,500 in costs.

Health and Safety Executive inspector Mark Austin said after the hearing:

“The tragic, needless loss of Mr Dunn’s life could have been prevented had Imperial Commercials Ltd properly considered the risks from the movement of heavy goods vehicles at this site, and provided effective segregation of pedestrians from moving vehicles.

“Even though the vehicle that crushed him was travelling at less than 5Km/h, the size and weight of the vehicle left him no chance of survival.

“Companies that work with vehicles of all sizes need to ensure that all pedestrians are able to circulate and work safely at their premises, at all times.”

Injury at Work – Expert Advice

We are personal injury claims experts – our specialist accident claims solicitors are here to provide you with ongoing valuable support.

If you have been injured in the workplace and you would like expert advice on this type of case, contact Hampson Hughes Solicitors today on 0800 888 6888 or email claims@hampsonhughes.com

Source: Health and Safety Executive

Former Headmaster on Trial Charged with 50 Counts of Assault

Jack Mount, the former headmaster of Brookside School in Shropshire, appeared at Birmingham Crown Court back in January where he denied a total of 50 historic child sex charges dating back to the 1950s.

Charges

The 96 year old has been charged with nine counts of rape, twenty counts of indecent assault and seven counts of indecency with a child, plus fourteen other counts.

The offences took place over a period of more than two decades, between 1953 and 1979, around the areas of South Shropshire, Birmingham and Barnsley. In total, seventeen alleged victims have come forward, both male and female, and were aged between seven and thirteen at the time of the offences.

Trial

Born in 1919, Mount now suffers from Parkinson’s disease and it was speculated earlier in the year that court officials will have had to make special provisions to put him on trial. Such allowances include the trial being held closer to his home in Devon and also the possibility that the court may only be able to sit for half a day at a time.

Recorder of Birmingham Judge Melbourne Inman QC released Mount on bail and said at the time:

“This matter came before me in November [2014] and I considered all of the submissions.

“In my judgement the case should be tried nearer to where Mr Mount resides.

“I put a full account together before Christmas but I haven’t been told where it will be tried.

“So I am not setting a date now. Adjourning this case, unusually, I can’t give a specific date but will try to get a trial date set as soon as possible.”

Mount denies the charges and the case continues.

Sexual Abuse – Expert Advice

Hampson Hughes Solicitors specialises in directing sexual abuse claims in a considerate and compassionate manner. Our Abuse & Criminal Injuries Department is headed by Greg Neill, an expert in this area and a member of the ACAL.

If you have been a victim of abuse relating to this case, please contact our Head of Abuse & Criminal Injuries, Greg Neill, directly on 0151 242 1069 or 07702 256 291 or you can email via gregneill@hh-law.co.uk for free initial advice on the next steps in taking legal action.

Source: Mirror Online; Mail Online

Couple Take Legal Action after Contracting Severe Food Poisoning

A young couple are taking legal action after falling ill with food poisoning whilst on holiday at a five star hotel in Egypt.

Illness

Marc Trundley, 27, and partner Hayley Gavin, 29, paid £1,520 for an 11-night stay at the Royal Grand Sharm in the Red Sea resort of Sharm-el-Sheikh. However, the couple spent half of their stay in their hotel room hooked up to IV drips that were installed on lampshades in the room.

Mr Trundley and Miss Gavin had contracted a severe gastric illness which resulted in their suffering of acute stomach cramps, severe diarrhoea and vomiting after ordering a burger and fries from room service.

Following two days of illness with no improvements, the couple alerted the hotel and a doctor was sent to their room. The doctor prescribed fluids via IV drips to fight infection and rehydrate the pair, as well as antibiotics.

Miss Gavin, a neonatal nurse, said:

“It was a holiday to relax and it just made us poorly.

“We’re still having effects from it now and the doctors have said we can’t eat any dairy products for six weeks as it would trigger it off again.

“It was horrendous, absolutely horrendous.”

Mr Trundley, also a healthcare professional, added:

“We can’t put into words the ordeal we have been put through.

“It was a truly terrifying experience knowing that you are that unwell and have been treated like that by a five-star hotel.

“All we wanted to do was to get home and receive the treatment we needed but we felt completely helpless.

“The ordeal has also damaged our confidence when it comes to going away in the future.”

IV Drips Hooked to Lampshades

The couple fell ill after five days into their trip, having arrived in Egypt at the end of September. After seeing no signs of recovery, they asked for medical advice – it was then that IV drips were hooked up to lampshades in their room. The pair told of how they had to assist one another after being confined to their hotel room for the remainder of their stay, untying their drips in order to use the toilet.

Miss Gavin and Mr Trundley claim that other fellow holiday makers staying at the Royal Grand Sharm also fell ill with similar symptoms. The couple also claim that during their stay at the hotel, they witnessed birds and flies landing on or around uncovered food in the various hotel restaurants.

Mr Trundley and Miss Gavin have hired specialist travel lawyers to handle their case, a solicitor for the pair has said:

“The last thing Hayley and Marc expected when booking this luxury holiday was to spend the majority of their holiday stuck in their hotel room attached to IV drips.

“We have now begun our own investigations into the hygiene standards at the hotel and hope to be able to provide Hayley and Marc with the answers they deserve about what caused their condition.”

A spokesman at the Royal Grand Sharm hotel said:

“We are deeply sorry that our guests haven’t enjoyed their stay with us.

“We can’t deny that Mr Trundley and Miss Gavin got sick during their stay for unknown reasons.

“It might be because of changing food habit, travelling, heat or any unknown reason.

“But it is very obvious that they were exaggerating and most of what the guests stated in their complaint are not correct so we reject any financial compensation.”

Tour operators, Lowcostholidays is also investigating the couple’s claims. They released a statement saying:

“Lowcostholidays were contacted by a couple a week after their return from holiday and have recently received correspondence from their representatives.

“An investigation is currently underway. This highly regarded and very popular five-star hotel is co-operating fully.

“It would be inappropriate to comment at this early stage.”

Illness Abroad – Expert Advice

Our specialist Travel Lawyers have extensive experience relating to travel law claims and they will provide plain, simple and straightforward legal advice.

We conduct all our holiday illness compensation claims pursuant to “no win no fee” arrangements, ensuring maximum compensation for YOU.

If you have suffered illness while on a package holiday within the last 3 years due to poor hygiene standards at your hotel, our specialist Travel Lawyers will be able to offer free and friendly advice on making a claim. Contact Hampson Hughes Solicitors today on 0800 888 6888 or email claims@hampsonhughes.com

Source: Mirror Online

Hampson Hughes: Illness Abroad Claims

Annual holidays are a British institution. We work all year, save up and look forward to a break away in the sun to put our feet up, relax and spend time with our loved ones.

While this may be an institution for us, those providing us with such getaways don’t always appear to respect the sanctity of the annual holiday. Many tour operators and hotel providers are increasingly cutting corners in regards to basic hygiene and sanitation standards, causing many holiday goers to fall ill whilst abroad.

Bacterial infections are the most common cause of sickness and are usually caused through the consumption of contaminated food or water.

The most common food poisoning infections are as follows:

• Salmonella
• Amoebic dysentery
• Campylobacter
• Ecoli
• Cryptosporidium
• Hepatitis A
• Typhoid
• Shigella
• Norovirus
• Giardia lamblia

If your holiday has been ruined because you became unwell, you may be able to claim compensation from your tour operator through English law. In particular the Package Travel Regulations Act 1992, if you specifically booked a package deal.

Illness Abroad – Expert Advice

Our specialist Travel Lawyers have extensive experience relating to travel law claims and they will provide plain, simple and straightforward legal advice.

We conduct all our holiday illness compensation claims pursuant to “no win no fee” arrangements, ensuring maximum compensation for YOU.

If you have suffered illness while on a package holiday within the last 3 years due to poor hygiene standards at your hotel, our specialist Travel Lawyers will be able to offer free and friendly advice on making a claim. Contact Hampson Hughes Solicitors today on 0800 888 6888 or email claims@hampsonhughes.com