Month: March 2017

Employee Loses Two Fingers in Accident at Work

A construction company in North Lincolnshire has been fined for safety failings after an accident at work left an employee with life changing injuries.

Accident at work

Nuneaton Magistrates Court heard how Coldmac Limited had been contracted to lay a footway in 2015. On 8 April, a worker for the firm was using a screwdriver to remove asphalt residue from a cement mixer he was using. The court heard how the screwdriver slipped and the employee caught his hand on the lip of the mixer.

Injuries

As a result of this accident at work, the worker in question lost his middle and index fingers.

HSE investigation

The Health and Safety Executive (HSE) launched an investigation into the accident at work incident and found that the guarding on the mixer was ‘below the safety standard required in order for people to safely operate the machinery’.

Sentencing & fines

Coldmac Limited of Midland Road, Scunthorpe, North Lincolnshire pleaded guilty of breaching Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998. The company was fined £6,000 and ordered to pay costs of £1995.92.

HSE inspector Luke Messenger said after the hearing:

“This case highlights the importance of safety checking equipment and machinery, ensuring that they have the appropriate guarding in place to avoid serious injuries like this.”

Accident at work compensation – 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

Vicar Admits Possessing 179 Child Sex Abuse Images

An Essex vicar has recently admitted to being in possession of almost 200 images of child sex abuse.

Child sex abuse images

Chelmsford Crown Court heard how Reverend Peter Low downloaded an assortment of images, some of which depicted the most serious category of child sex abuse.

In total, the 65 year old admitted to possessing 179 images depicting child sex abuse. 55 of those images were classed as indecent, nine of which were said to be at the most serious level. A further 124 images of child sex abuse in the Reverend’s possession were classed as ‘prohibited’.

Guilty plea

Low pleaded guilty to three counts of possessing indecent images of children. He also pleaded guilty to one count of possessing prohibited images of children.

Low, a clergyman of the United Benefice of Heybridge with Langford in Essex, is due to be sentenced on 2 May 2017. As part of his bail conditions he must have no contact with under 18s, unless supervised.

Response from Diocese of Chelmsford

The Diocese of Chelmsford said it was ‘appalled’, adding that online abuse of children “is not tolerated by the church”.

A spokesman for the Diocese went on to say that Low remained suspended from all his duties as a vicar and will face investigation after sentencing. The spokesman added:

“The diocese is appalled that a clergyman has fallen so far short of the standards expected by the church.

“The diocese strives to uphold the highest standards in safeguarding policy, training, practice and disciplinary action.

“The online abuse of children destroys childhoods and devastates society.

“It is not tolerated by the church.”

Sexual abuse claims – expert advice

If you have been affected by any instance of physical sexual abuse or non-physical sexual abuse, contact us today. We offer expert advice on sexual abuse and 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.

Paediatrician Jailed over Child Sex Abuse Images

A North Devon paediatrician has been jailed for the distribution of films and images containing the most severe child sex abuse.

Police raid in 2015

47 year old Dr Jonathon Walsh was arrested in 2015 after police raided his home. Officers from the child exploitation unit seized his computer and a memory stick during the search. No child sex abuse images were found at the time, however there was significant evidence that he had been accessing child sex abuse material, as well using file wiping software.

Child sex abuse images

Walsh, a respected consultant paediatrician in the children’s and adolescent services department of the Northern Devon Healthcare Trust, was sacked from his job after admitting 17 charges relating to child sex abuse images. The charges included nine counts of distributing indecent images of children, as well as six counts of making them.

Exeter Crown Court heard how Walsh told his solicitors he downloaded the content because he was ‘bored’ with his job.

The court also heard how none of the material related to patients at the North Devon District Hospital in Barnstaple. However, the vast majority of the footage related to ‘Category A’ images – the most serious of its kind – and some videos were several hours long.

Sentencing

Judge Geoffrey Mercer told him:

“Over a period of at least some months, the precise period is unclear, you were involved in downloading and distributing extreme movies and images portraying sexual abuse of children and you went to considerable lengths to try and conceal what it was you were doing. You are 47 years old and a man of good character and I have read a number of references provided by people on your behalf who speak very highly of you.

“You have practised as a paediatrician for a number of years. To state that your sexual interest in children, which outlines these offences, causes real concern in relation to someone in your position is a massive understatement. But it needs to be clearly understood that there was no offending in the context of your work and these offences were non contact offences.

“Your career is now, of course, at an end. To quote from you from one of your letters you have written to me ‘through my actions I have lost my job, my career and my reputation and caused great harm to the ones I love.”

Walsh was sentenced to three years for each of the distributing offences. He was sentenced to a further 12 months for downloading offences. All sentences will run concurrently.

NSPCC response

An NSPCC spokesman said:

“Although it has been acknowledged that none of the images related to patients at the hospital, Walsh was working in a position of significant responsibility and trust when he comitted these crimes. Behind every image of online child abuse is a child who has suffered a horrific ordeal in the real world. It’s clear from Walsh’s extensive library that his only care was his own twisted gratification and it is right that he now faces the consequences of his actions.”

Response from Northern Devon Healthcare NHS Trust

George Thomson, medical director for Northern Devon Healthcare NHS Trust, added:

“This case has deeply shaken everybody at NDHT and we know it has been a shock to the community. We have worked closely with the police throughout this case and we know that none of these crimes relate to contact offences, and none of the images relate to patients at North Devon District Hospital.

“At the launch of the police investigation in September 2015 we took immediate action to exclude Dr Walsh from working at the Trust and informed the General Medical Council. Dr Walsh was dismissed with immediate effect when he was charged in June.”

Sexual abuse claims – expert advice

If you have been affected by any instance of physical sexual abuse or non-physical sexual abuse, contact us today. We offer expert advice on sexual abuse and 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: devonlive.com

Criminal Injury: Former Soldier Jailed for Attack

A 25 year old ex-soldier has been jailed for 16 months after he bit off a man’s ear in October 2015.

Halloween Attack

Geraint Jones was out with friends on Halloween night when someone ‘pushed and shoved’ him in a pub in his home town of Aberystwyth, mid-Wales.

Cardiff Crow Court heard how he moved onto another bar, The Academy, before he purposefully went back into the pub in which he had been pushed to look for the man who did it.

He mistakenly identified Gwynant Jones as the man who had pushed him and bit into his ear, severing part of it.
The court heard Gywnant’s earlobe was found on the floor by a barman but could not be reattached.

Judge Geraint Walters said to Jones:

“You now accept that in your state of drunkenness you misidentified that man. The man that you chose therefore as your victim was wholly innocent of any wrongdoing.”

Addressing the ear biting, the judge said said:

“You don’t need me to tell you that that is the most savage use of force. I can’t personally claim to understand why you behaved as you did. There was something almost clinical in the use of force.”

The judge went on to say he had asked himself why Jones, who is studying international history and politics with the intention of becoming a diplomat, had committed the offence in the first place. He added he believed reasons “ran much deeper” than anything that had been said in court so far.

Guilty plea

The court was told how Jones pleaded guilty to inflicting grievous bodily harm on Gwynant Jones in November 2016, but denied causing grievous bodily harm with intent. A jury found him not guilty of the latter offence in court last month.

James Hartson, defending, asked the judge to suspend Jones’ sentence so that he may continue to study after being offered the chance to return to Aberystwyth University to complete his degree. He added:

“The defendant is deeply ashamed and remorseful.

“In fact he is appalled by his actions. Even when giving evidence to the jury he admitted that what he did was disgusting and disgraceful.”

Judge Walters said the effects on the victim were ongoing and that surgery to reconstruct his ear had so far been unsuccessful.

“I am prepared to accept that the severing of the ear was as a result of you gripping the ear forcefully with your teeth and in some part because others tried to pull you apart from your victim.

“The reality is, none of that is a comfort to your victim.”

The judge added he had deliberated not handing Jones a custodial sentence, but that he had an obligation “as far as the public is concerned”.

Criminal injury – expert legal advice

Criminal injury compensation may be available if you have experienced physical trauma or psychological trauma as a result of a violent crime. Speaking to a member of our team about your criminal injury may be the first time that you have spoken to anybody about your experience – this is common among our clients. We guarantee complete confidentiality throughout your claim.

We understand that if you have been subjected to an act of violence, your thoughts will turn to making a full recovery – compensation will likely be the last thing on your mind.

There is, however, a government Scheme that provides compensation to those who have been victims of violent crime. The Criminal Injury Compensation Scheme is governed by the Criminal Injury Compensation Authority (CICA).

If you would like expert advice on this type of case, contact Hampson Hughes Solicitors today. Call 0800 888 6 888 or email claims@hampsonhughes.com.

Source: Guardian

Woman Wins £15,000 in Dental Negligence Compensation

A woman has recently been awarded £15,000 in dental negligence compensation after her Torquay dentist failed to adequately treat her tooth decay.

Dental negligence in Torquay

28 year old Hannah Dallywater was left with severe toothache, infections and three severely damaged teeth after her dentist, Dr Porter, failed to provide her with the correct treatment despite numerous check ups.

Mrs Dallywater was Dr Porter’s patient between 2006 and 2012, and the beauty therapist even underwent a root canal with the dentist.

Mrs Dallywater said:

“I always trusted Dr Porter. During the time I was her patient I had root canal treatment and some restorative work but never thought there was anything major to worry about. After all, you expect your dentist to spot problems and carry out the treatment you need. She was my long-term dentist so I always believed I was in safe hands and had healthy teeth.”

New dentist

In 2015 Mrs Dallywater moved away from Torquay to Hastings, Essex, and sought a new dentist with the move. However, problems soon started to become apparent. She went on to say:

“I had chipped a tooth and needed root canal treatment. Unfortunately when my new dentist was undertaking the procedure he left a dental instrument inside my tooth. I was shocked by what had happened and the potential consequences, so I contacted solicitors.”

Legal advice

After examining Mrs Dallywater’s dental records, she was advised that a case should be brought against Dr Porter rather than her new dentist. Her dental records showed that decay had been present in two of her teeth as far back as 2006, but that Dr Porter did nothing to fix them. The dentist also carried out poor root canal treatment on another of Mrs Dallywater’s teeth, causing damage.

With the above factors in mind, the 28 year old was advised that it was Dr Porter who was ultimately responsible for the problems that she was now facing.

Mrs Dallywater went on to say:

“It is unbelievable. I had regularly been suffering from toothache, infections and pain in my gums, but was always told everything was fine. But in reality Dr Porter had never been providing adequate treatment. Her inaction over many years made my problems worse and three teeth have been seriously damaged that should have been perfectly healthy.

“It’s horrible and I feel like putting my face down when I talk to people or smile because I am so self-conscious about the gap. I worry my teeth are weak, so feel I have to be careful when eating in case they break off. I also feel paranoid about my dental health so I am constantly brushing my teeth or using mouthwash.

“I work in the beauty industry where how you look is important, and people don’t expect you to have a gap when you smile.

“It is also upsetting when people imply that it must all be my fault in some way and that I can’t have looked after my teeth properly. But this couldn’t be further from the truth. It is all because Dr Porter failed to spot decay that was clearly visible for years. I never used to mind going to the dentist but I do now, and I will be spending a lot more time in a dentist’s chair thanks to Dr Porter.”

According to devonlive.com, the dentist did not admit admit liability. A total of £15,000 in dental negligence compensation was settled out of court.

Dental negligence compensation claims – expert advice

Dental negligence compensation may be available if you have experienced any unnecessary discomfort as a direct result of the actions taken by your dentist. This could include any situation in which your dentist has failed to treat your symptoms within a reasonable time-frame.

If you believe that your symptoms are linked to negligence, our expert team of dental negligence compensation solicitors could help you to secure maximum personal injury compensation. Call 0800 888 6888 or send an email to info@hh-law.co.uk for instant advice.

Source: devonlive.com

Man Has Both Legs Amputated after Accident at Work

A landfill company in Wales has been fined after an employee had to have both legs amputated following an accident at work.

Accident at work

In November 2015, a worker was walking across the Bryn Posteg Landfll site in Llanidloes, when he was struck by a large shovel loader. The worker suffered serious injuries to his legs, both of which had to be amputated at the mid-thigh. He was also required to spend a total of six months in hospital.

HSE investigation

The Health and Safety Executive ~(HSE) launched an investigation into the incident which found the company did not have measures in place to protect workers from traffic and vehicles on site. The risk had previously been identified, however it was not acted on.

Sentencing and fines

Sundorne Products (Llanidloes) Limited, part of the Potter Group, in Henfaes lane, Welshpool, Powys pleaded guilty to breaching Section 2 and Section 3 of the Health and Safety at Work (1974) Act. The company was were fined £180,000 and ordered to pay costs of £7,657.10.

Mhairi Duffy, HSE inspector, said after the hearing:

“It is extremely important to identify how to protect your workers but you must back this up with action. This worker and his family lives have been changed forever because Sundorne Products Ltd failed to take action and protect their workers from being run over by vehicles on the site.

“All businesses that have high volumes of vehicles on their site can learn from this case.”

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

Worker Seriously Burned in Accident at Work

The director of a construction firm has been jailed for safety failings after a young employee was injured in an accident at work.

Accident at work

Cardiff Crown Court heard how the worker had been instructed to stand on the top of a skip containing burning waste and pour flammable thinners into the waste to speed up the process.

The thinners ignited, causing a fireball – the force of which threw the worker across the room. He sustained substantial to his arms and legs.

HSE investigaton

The Health and Safety Executive (HSE) investigated the incident and found a number of safety failings. Firstly, the company director did not ensure that the burning of the waste materials was carried out in a safe and appropriate manner. Secondly, after the incident occurred he failed to administer any first aid or send the young injured worker to hospital. Lastly, the director failed to immediately report the accident at work incident to the HSE, which is a legal requirement. The incident was instead reported by a third party sometime afterwards.

Sentencing

David Gordon Stead of Mildred Street, Beddau, pleaded guilty to breaching Section 37 of the Health and Safety at Work Act 1974 and also pled guilty to breaching Section 4 (1) of The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR).

He was sentenced to 32 weeks in prison, half on release under licence. Mr Stead has also been banned from being a company director for seven years.

HSE inspector Adele Davies said after the hearing:

“David Stead failed his employees. His actions could have resulted in the death of this worker. The young man suffered unnecessary life threatening injuries due to poor working standards.

“We hope this sentence sends out a message that directors of businesses must take their health and safety responsibilities seriously.”

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.

Two Men Injured in Accident at Work at Stansted Airport

An aircraft engineering company based at Stansted Airport has been fined by the HSE after two men were injured in an accident at work.

Accident at work

Chelmsford Magistrates’ Court heard how an agency worker and an employee of Inflite Engineering Services were carrying out checks at the tail of an aeroplane on 10 June 2015. The men were working on either side of the tail using mobile elevated work platforms (MEWPs) at the time of the accident at work incident.

The court heard how third employee closed the wrong circuit breaker, which opened the plane’s air-brake and knocked over the two MEWPs.

Injuries

Both the agency worker and the Inflite employee fell around 10-15 feet to the ground below. One man, 62, suffered a broken back, three fractures to his pelvis, a punctured lung and a fractured elbow. The second man, 60, suffered a chipped bone on his spine, as well as a broken wrist.

HSE Investigation

An investigation into the incident by the Health and Safety Executive (HSE) found that no adequate risk assessment was in place. Furthermore, HSE found there was a lack of suitable monitoring in place while the work was being carried out.

Sentencing

Almost two years later, Inflite Engineering Limited pleaded guilty to breaching Sections 2 and 3 of the Health and Safety at Work Act 1974. The firm was fined £160,000 and ordered to pay costs of £5,492.90.

HSE Inspector Tania van Rixtel said after the hearing:

“Both of these men suffered shocking injuries after falling from height, which could easily have been a double fatality. Our investigation found the incident could have been avoided had adequate monitoring been taking place. Aircraft maintenance companies are reminded that not all risks are covered by the Aircraft Maintenance Manual and additional measures need to be introduced.”

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

£1,500 Compensation Secured after Rear End Collision

Our team of experienced Road Traffic Accident solicitors recently secured damages for a client who suffered whiplash injuries after they were involved in a rear end collision.

Rear end collision

At the time of the incident our client, Miss Woods, was sat in her stationary vehicle waiting in a queue of traffic approaching a roundabout on Dorset Way, Bournemouth. The Defendant failed to pay due care and attention and collided with the rear of the Claimant’s vehicle. Miss Woods’ vehicle was then shunted onto the middle section of the roundabout.

Whiplash injuries

As a result of the incident our client sustained whiplash injuries to her neck, back and shoulders. Miss Woods has also reported suffering with headaches in the time since the accident. Furthermore, the Claimant’s usual duties of shopping and general house work were restricted for a number of weeks after the incident.

Outcome

On this occasion, Hampson Hughes Solicitors secured a total of £1,500 compensation for the Claimant.

Commenting after the successful outcome, Miss Woods said:

“Hampson Hughes Solicitors has handled the claim for me very efficiently and I haven’t had to do anything except fill in a couple of little forms. It wasn’t not stressful at all and I am very pleased!”

Begin your whiplash injuries 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 6 888 or email info@hampsonhughes.com.

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

Man Suffers Broken Pelvis in Accident at Work

A construction company based in Bedfordshire has been fined £400,000 after a worker suffered a broken pelvis in an accident at work.

Accident at work incident

Westminster Magistrates’ Court heard how an employee of Kier Construction Limited (Kier) was carrying out work at a site in Uxbridge, Middlesex at the time of the incident. The worker, Jair Morales, was installing plywood boards over holes on the third floor of a building when he fell around 3.9 meters to the floor below. He suffered a fractured pelvis and broken arm during the accident at work incident. Mr Morales has been unable to work since.

HSE investiagtion

Health and Safety Executives’ investigation into the incident found that the firm did not ensure the work was carried out in a safe manner and that it hadn’t been properly planned. Furthermore, the court heard how Kier hadn’t taken any steps to prevent Mr Morales from falling through the opening as he installed the boards.

Sentencing and fines

Kier Construction Limited of Tempsford Hall, Bedfordshire pleaded guilty to breaching section 4 (1) of the Work at Height Regulations 2005. The firm has been fined £400,000 and was ordered to pay costs of £1,534.

HSE inspector Owen Rowley said after the hearing:

“This incident could have been a lot worse. The system that Kier Construction Ltd has in place to control the risk from installing the protection for openings was not implemented on site, ultimately resulting in the accident.

“The risks of working at height are widely recognised throughout the construction industry. This case highlights the importance of ensuring that all work at height is properly planned and 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