Month: February 2017

Construction Firm Employees Injured in Accident at Work

A London construction firm has been fined for an accident at work incident in which four employees were injured.

Accident at work incident

At the time of the incident construction firm Leyland SDM (LSDM) Limited was undertaking a warehouse redevelopment project in Wembley.

Westminster Magistrates Court heard how four workers attempted to move a ventilation unit into position when the working platform they were using became overloaded and gave way.

All four men were injured after falling over three and a half meters to the ground below. The court heard how two of the workers sustained leg fractures and another suffered a broken collar bone.

HSE investigation

An investigation by the Health and Safety Executive (HSE) found a number of safety failings led to the accident at work incident. Firstly, the investigation found that LSDM failed to manage the risks involved when carrying out work at height. Secondly, it was found that the company failed to manage the risks involved when carrying out the lifting operation. Finally, it was found that the company failed to have the appropriate level of supervision and trained personnel in place in order to effectively carry out the task in a safe way.

Sentencing & fines

LSDM of Fourth Way, Wembley pleaded guilty to breaching Regulations 6 (3) of the Work at Height Regulations 2005 and Regulation 4 (1) of the Manual Handling Operations Regulations 1992. The firm were fined a total of £450,000 and ordered to pay costs of £1038.

HSE inspector Jack Wilby said after the hearing:

“The safety failings by this company are severe and it is lucky that the injuries were not more severe. This incident highlights the importance of planning work, in this case both for lifting operations and working from height, to ensure it is carried out safely.”

Accident at work – expert advice

Compensation may be available if you have been injured in an accident at work that wasn’t your fault. More information can be found via our ‘Accidents at Work’ page.

To begin your accident at work claim, contact us today. Remember, we offer you a FREE no obligation-consultation. Call 0800 888 6 888 or email info@hampsonhughes.com.

Source: Health & Safety Executive

DFS Fined £1million for Accident at Work

A national furniture company has been fined £1million following an accident at work incident which led to the serious injuries of a worker.

Accident at work incident

Derby Magistrates’ Court heard how on 02 July 2015, an employee of DFS Trading Limited (DFS) was unloading wooden furniture frames at one of their upholstery sites. As he was doing so, an unsecured furniture arm fell from an unstable bed and struck the worker.

The piece of wood hit the worker so hard he was knocked unconscious, sustaining serious head and neck injuries in the process.

HSE investigation

An investigation into the incident by the Health and Safety Executive (HSE) found that DFS failed to supervise the work that was being carried out. The investigation also found that the company failed to manage the risks of heavy loads as they were moved between sites.

Furthermore, it was found that a number of near missed had been reported from unsecured loads.

Sentencing and fines

DFS Trading Limited of Rockingham Way, Redhouse Interchange, Adwick Le Street Doncaster pleaded guilty to breaching sections 3 of the Managing Health and Safety at Work Regulation and also section 2 (1) of the Health and Safety at Work Act 1974. The company were fined £1million with costs of £15,099.

HSE inspector Lyn Spooner said after the hearing:

“DFS is a large national organisation. The fundamental and systemic failings identified in their health and safety management systems is far from what would be expected from a company of their size who has the ability to deliver higher standards of safety.

“Unfortunately DFS were unable to do that on this occasion and a preventable accident was allowed to occur.”

Accident at work – expert advice

Compensation may be available if you have been injured in an accident at work that wasn’t your fault. More information can be found via our ‘Accidents at Work’ page.

To begin your accident at work claim, contact us today. Remember, we offer you a FREE no obligation-consultation. Call 0800 888 6 888 or email info@hampsonhughes.com.

Source: Health & Safety Executive

£1,400 Compensation Awarded for Whiplash

Our dedicated team of Personal Injury experts recently secured compensation for a client who sustained severe whiplash injuries in a non-fault road accident.

Incident

Our client, Mr Fitzsimons, was travelling home from work at the time of the incident. There was heavy traffic as he approached the M6 Junction near Knutsford, and so our client began to break.

The defendant, driving a black Vauxhall Astra, approached the traffic at speed. They changed lanes when it was unsafe to do so, cutting in front of Mr Fitzsimons vehicle and causing the two vehicles to collide.

Whiplash injuries

As a result of the accident Mr Fitzsimons sustained whiplash injuries to his neck, back and shoulders, he also now suffers from travel anxiety.

Our client reports that he was unable to take part in his day to day activities such as looking after his children and domestic duties following the accident.

Outcome

We managed to secure a total of £1,400 in compensation for our client on this occasion.

Commenting on his experience with Hampson Hughes Solicitors, Mr Fitzsimons said:

“The staff have been friendly, reliable and informative. They really made sense of what was a complex case that I believed my insurer was dealing with. I am so glad Hampson Hughes grabbed the bull by the horns and was able to shed light on questions I had and put me at ease through the whole process. I felt reassured through the whole process”

Begin your road traffic accident claim today

If you’ve been injured in a road traffic accident that was not your fault, contact our dedicated team of solicitors today. Call 0800 888 6888 or email info@hampsonhughes.com.

Whether you were injured as the driver, a passenger, a cyclist, or as a pedestrian we could help you to claim maximum personal injury compensation. More information can also be found via our ‘Road Traffic Accident’ page.

£2,200 Compensation Awarded for Holiday Illness

Our team of Travel Law solicitors recently secured compensation for a client whose stay at the Rui Palace in Gran Canaria was ruined by holiday illness.

Holiday illness

Unfortunately, just three days into their all-inclusive package holiday, the claimant began to feel unwell. They suffered symptoms including diarrhoea, stomach cramps and vomiting, along with nausea and fatigue. In total, our client’s symptoms lasted three weeks.

Hotel restaurant

According to the claimant, food and hygiene standards at the hotel were very poor.

Our client reports that meat and fish served in the hotel restaurant was served under-cooked and at the incorrect temperature, as well as appearing reheated. The buffet style food available was left out, often uncovered, for long periods of time and without suitable refrigeration. Drinks appeared watered down, and the claimant believes ice in drinks was made using local tap water.

Our client also asserts that the overall choice and quality of the food was of a very poor standard and that the bar and eating areas were often infested with flies and insects. They added that during their stay at the Rui Palace they did not witness kitchen or restaurant staff wearing gloves when handling food.

The claimant avers that their illness was caused by the poor levels of food and hygiene within the hotel, particularly the hotel restaurant.

Outcome

Our expert Travel Law team managed to secure a total of £2,200 in compensation for our client on this occasion.

Holiday illness claims – expert advice

If you believe that your holiday illness symptoms are linked to poor hygiene standards within your package deal hotel, you may be entitled to holiday illness compensation. There are certain steps that you could take in support of your claim:

•Note all important dates
•Report any hygiene issues to your holiday rep
•Document any suspected poor hygiene (e.g. photo, video)

Whatever your experience with holiday illness, we may be able to help. Call our expert team of travel law solicitors today for a FREE no-obligation consultation. Call 0800 888 6 888 or email info@hampsonhughes.com.

For further information on holiday illness compensation, please see our Package Holiday Claims page.

£2,610 Compensation for Non-Fault Roundabout Collision

Hampson Hughes Solicitors dedicated team of Road Traffic Accident solicitors recently took instruction from a client who sustained whiplash injuries during a non-fault collision.

Incident

Our client was in their stationary vehicle at the time of the incident, waiting in a queue of traffic approaching Tuebrook Roundabout at West Derby Road Junction. The Defendant failed to stop on approaching the Claimant’s vehicle, and a rear-end collision ensued.

Whiplash injuries

Our client sustained severe whiplash type injuries to his neck, lower back and shoulders during the non-fault collision.

As a result of his injuries, the Claimant was required to take sick leave from his place of employment. He was unable to return to his regular working duties for around 7 days after the accident.

Our client also reports that he was unable to take part in his usual day to day activities, such as household chores and DIY.

Successful outcome

Our Road Traffic Accident solicitors secured a total of £2,610 in personal injury compensation for our client on this occasion.

Commenting on the service he received from Hampson Hughes Solicitors, our client said:

“Absolutely superb service! Hampson Hughes could not have been more upfront and honest from the start.”

Begin your road traffic accident claim today

If you’ve been injured in a road traffic accident that was not your fault, contact our dedicated team of solicitors today. Call 0800 888 6888 or email info@hampsonhughes.com.

Whether you were injured as the driver, a passenger, a cyclist, or as a pedestrian we could help you to claim maximum personal injury compensation. More information can also be found via our ‘Road Traffic Accident’ page.

Domestic Abuse Victims: Two Year Wait for Compensation

Image of bronze statue of justice

The latest government statistics show that domestic abuse victims have to wait an average of nearly two years to receive compensation from the Criminal Injuries Compensation Authority (CICA).

Criminal Injuries Compensation Authority

The CICA is the government body that awards compensation to people who have been blameless victims of violent crimes, both physical and mental.

The CICA customer charter states that applicants can expect to wait up to twelve months to receive compensation. However, according to the Ministry of Justice (MoJ), its most recent figures revealed that it takes an average of 612 days, or 20 months, for the CICA to pay out.

Tim Farron, the Liberal Democrat leader, expressed his concern over the delays:

“It is truly sickening that victims of domestic violence are treated with such utter disregard.

“Domestic violence is still horribly common, and the fact that so many women, and some men, suffer from these crimes and are then let down by the government in their time of need, is an indication of the shamelessness of this Tory government. These delays must end immediately and this department must be properly resourced. No excuses are acceptable.”

Delay could be ‘beneficial’

Justice minister Phillip Lee revealed the statistics in a written answer to Fiona Haggart, Labour MP and a member of the all-party parliamentary group on domestic violence. Lee added that more than 230 victims received compensation in 2016, with a minimum payout of £1000. The average payout for a domestic abuse victim if £7,500.

Lee went on to say that in some cases a delay could prove beneficial to the victim, as it would allow assessment of long-term implications of any injuries or mental health issues:

“In some complex cases, where medical treatment is ongoing or the level of recovery is unknown, it may be in the best interests of an applicant not to settle their claim until the long-term implications of an injury can be properly assessed.”

Attempts to improve efficiency

According to the MoJ, CICA has developed an online portal and increased staff levels by around 15% in order to improve efficiency.

Since November 2016, victims have had the option to give declarations online or verbally agree to a statement over the phone. CICA said this method would reduce the time between a declaration and a decision.

Recently the government have moved to reduce the amount of stress felt by domestic abuse victims when it comes to dealing with the legal process. Following the acquittal of Ched Evans, former Sheffield United footballer convicted of rape in 2011, based on evidence given by his accuser’s former partner’s a campaign was launched by women’s rights and victim support groups. The campaign has led to new legislative measures preventing victims from being interrogated in court by former partner’s.

Abuse & criminal injury claims – expert advice

If you have been affected by any instance of physical or non-physical abuse, contact us today. We offer expert advice on abuse and sexual assault claims, and we guarantee your confidentiality at all times.

For further information, and to discover how we could help you, begin a conversation with our experienced and friendly team. Call 0800 888 6 888 or email info@hampsonhughes.com.

Source: Guardian

£1,900 Compensation Secured for Holiday Illness

The travel law team here at Hampson Hughes Solicitors were recently instructed by a client whose dream getaway to Mexico was plagued by holiday illness.

Our client booked a week long stay at the 3* Riu Yucatan hotel in the Playa del Carmen resort of Mexico in January 2016. The holiday was booked as an all-inclusive package deal with tour operators TUI.

Poor food & hygiene standards

Upon the Claimant’s immediate arrival at the hotel there was strong smell of sewage, both in the hotel itself and the surrounding areas.

They also report that throughout their stay at the Riu Yucatan hotel, they noticed a number of issues relating to poor food and hygiene practices, particularly with regards to the buffet style food service available. Our client reports:

• Food was left uncovered for extended periods of time
• Food appeared reheated and was served at incorrect temperatures
• Staff members handling food did not appear to wear gloves when doing so

According to the claimant most dishes served in the restaurant were covered in a thick sauce and so it was difficult to know if they contained meat, and, if so, if the meat was cooked correctly. At one evening meal our client was about to tuck into a dish when they realised that it contained raw meat.

Holiday illness

On the final day of their holiday, our client began to suffer from symptoms related to food poisoning. Their symptoms included abdominal cramps, nausea, vomiting and fatigue, as well as diarrhoea containing blood.

The claimant self medicated while abroad with Imodium and pain killers purchased from a local pharmacy. Upon their return to the UK, our client reports having to visit his GP on more than one occasion due to their holiday illness. They also claim that a year on from their trip to Mexico, their health has not returned to how it was prior to the holiday.

Successful outcome

Liability was admitted by TUI and an out of court settlement was agreed on.

Our expert Travel Law solicitors managed to secure a total of £1,900 in holiday illness compensation for the Claimant on this occasion.

Holiday illness claims – expert advice

If you believe that your holiday illness symptoms are linked to poor hygiene standards within your package deal hotel, you may be entitled to holiday illness compensation. There are certain steps that you could take in support of your claim:

• Note all important dates
• Report any hygiene issues to your holiday rep
• Document any suspected poor hygiene (e.g. photo, video)

For further information on holiday sickness compensation, please take a look at our ‘Package Holiday Claims’ page.

Call our expert team of travel law solicitors today for FREE legal advice. Whatever your experience with holiday sickness, we may be able to help. Call 0800 888 6 888 or email info@hampsonhughes.com.

Butchers’ Employee Injured in Accident at Work

A butcher shop has been fined by the Health and Safety Executive after an employee suffered injuries to one of his hands in an accident at work incident.

Incident

The worker in question was cutting beef bones with a bandsaw at the time of the incident. He slipped whilst working and suffered deep lacerations to his left hand.

Bristol Magistrates Court heard how the safety devices on the band saw were not in use at the time of the accident as the worker had not been sufficiently trained to use them.

HSE Investigation

An investigation into the incident found that the butchers had not provided the worker with adequate training. The investigation also found that the company had failed to properly asses the level of risk posed by the work. Finally, the investigation highlighted the fact that there was not an appropriate level of supervision in place at the time the work was carried out.

Fines & sentencing

The Butchers at Clifton Limited of Portwall Place, Portwall Lane, Bristol pleaded guilty breaching Section 2(1) of the Health and Safety at Work Act 1974. The company has been fined £18,000 and ordered to pay costs of £1,343.

Speaking after the hearing HSE inspector Tania Nickson said:

“The Company failed to appropriately train the staff member and failed to use the supplied safety features which would have prevented this incident from happening. The worker is fortunate not to have suffered more severe injuries.”

Accident at work – expert advice

Compensation may be available if you have been injured in an accident at work that wasn’t your fault. More information can be found via our ‘Accidents at Work’ page.

To begin your accident at work claim, contact us today. Remember, we offer you a FREE no obligation-consultation. Call 0800 888 6 888 or email info@hampsonhughes.com.

Source: Health & Safety Executive

Three Firms Fined for Accident at Work Incident

Three Essex firms have been fined after an accident at work incident in which a worker fell over 7 meters through a fragile roof.

Accident at work incident

Worker Rafal Myslim was stood on the fragile roof he was replacing at Dengie Crops Ltd in Asheldem at the time of the incident. Chelmsford Crown Court heard how asbestos sheeting in the roof gave way and as a result, Mr Myslim fell 7.5 meters onto the concrete floor below. Mr Myslim also struck a number of pipes within the building as he fell. As a result of the fall, Mr Myslim sustained a hematoma on the brain.

HSE Investigation

An investigation into the incident by the Health and Safety Executive (HSE) found three different companies at fault for Mr Myslim’s fall.

Dengie Crops Ltd contracted an agricultural machinery supplier, Ernest Doe & Sons Ltd, to help replace their roof. However, Ernest Doe & Sons Ltd did not have adequate experience in this area and so subcontracted the work to Balsham (Buildings) Ltd. Balsham planned out how the roof replacement should be carried out, but then subcontracted the actual replacement work to Strong Clad Ltd.

The HSE investigation concluded that Ernest Doe & Sons Ltd had no previous experience in working in construction. As a result, the company were unable to act effectively in their role as principle contractor. Furthermore, due to their inexperience, Ernest Doe & Sons Ltd did not recognise the risk of a fall that was highlighted in Balsham’s planning of the work.

The investigation also concluded that all three parties involved failed to put safety measures in place for 40% of the roof that didn’t have netting underneath. Instead, they depended too heavily on the verbal instructions to workers reminding them were the safety netting was and was not.

Sentencing & fines

Ernest Doe & sons Ltd, of Ulting, Essex, pleaded guilty to breaching Regulation 22 of the Construction (Design and Management) Regulations 2007. The company was fined £360,000 and ordered to pay costs totalling £10,000.

Balsham (Buildings) Ltd, of Balsham, Cambridge, pleaded guilty to breaching 4(1)(a) and 4(1)(c) of the Work at Height Regulation 2005. They were fined £45,000, with costs of £7,000.

Strong Clad Ltd, of Castle Hedingham, Essex, pleaded guilty to breaching 4(1)(a) and 4(1)(c) of the Work at Height Regulation 2005. The company was fined £7,000 and ordered to pay costs of £3,000.

Adam Hills, HSE inspector, said:

“The dangers of working on fragile roofs are well documented. Every year too many people are killed or seriously injured due to falls from height while carrying out this work.

“Work at height requires adequate planning, organisation and communication between all parties. This incident was entirely preventable and Mr Myslim is lucky to be alive.”

Accident at work claims – expert advice

Compensation may be available if you have been injured in an accident at work that wasn’t your fault. More information can be found via our ‘Accidents at Work’ page.

To begin your accident at work claim, contact us today. Remember, we offer you a FREE no obligation-consultation. Call 0800 888 6 888 or email info@hampsonhughes.com.

Source: Health & Safety Executive

HAMPSON HUGHES: HOLIDAY ILLNESS REPORT 2017

Hampson Hughes Solicitors, a law firm which specialises in holiday illness claims, has revealed the countries where British holidaymakers are falling ill.

The research, based on a sample of 567 holiday illness claims from the past year, highlights the countries where claimants became sick.

Hampson Hughes Solicitors’ Top Holiday Illness Hotspots

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Based on a sample of 567 travel law claims received by Hampson Hughes Solicitors from December 2015 – December 2016

Spain is Holiday Illness Claims Hotspot According to Hampson Hughes Solicitors

Claims from tourists who have contracted holiday illness while in Spain* account for around a quarter of all holiday illness claims dealt with by Hampson Hughes Solicitors (24.9% in total). From 2015 to 2016, the Liverpool based law firm sought compensation for 141 people who had fallen ill due to poor food hygiene standards at their Spanish hotel. *Including Canary & Balearic Islands

Shiamli Mehta-Cronie, Head of Holiday Illness Claims at Hampson Hughes Solicitors, said:

“I am alarmed by the increasing reports of holidaymakers being exposed to poor hygiene conditions while being placed at hotels in Spain.

“The well-being of holidaymakers should be of paramount concern to holiday tour operators but unfortunately, this does not appear to be the case.

“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. But tour operators and hotel providers are constantly cutting corners in regards to basic hygiene and sanitation standards. This is causing tourists to become ill.”

Hampson Hughes Solicitors’ Holiday Illness Top Tips

Following the release of its Holiday Illness Report Hampson Hughes Solicitors is providing holidaymakers with useful advice should they fall victim to holiday illness.

What to do if you fall victim to illness on holiday

Where possible, Hampson Hughes Solicitors advise gathering evidence whilst in resort to in support of your claim.

• Take photos or videos of poor hygiene and food standards and illness/injury
• Report any issues regarding hygiene and food standards to your holiday representative and hotel
• Report any issues regarding illness or injury to your holiday representative and hotel
• Ask for your complaint to be noted and request a copy of the complaint
• Keep details of who you have lodged your complaint with

Do not let the tour operator under-value your claim

If a tour operator believes you have a valid claim, they may attempt to offer you vouchers as compensation.

Illness and injury on holiday may result in significant and on-going medical problems. A holiday voucher will not provide sufficient compensation for the illness suffered and the negative effect an illness may have on your holiday experience.

Hampson Hughes Solicitors advises against accepting any form of compensation from the tour operator. This will prevent you from making a claim in the future.

Hampson Hughes Solicitors Recent Success Stories

£3,800 Secured for Food Poisoning Abroad
Over £11,000 Awarded after Family Holiday Ruined
£7,500 Holiday Illness Compensation Secured

Expert legal advice from Hampson Hughes Solicitors

If you have been affected by holiday illness you could be entitled to compensation. Start your claim today by filling out our short contact form here. Hampson Hughes Solicitors offer a FREE no-obligation consultation. Call 0800 888 6 888 or email info@hampsonhughes.com.