Personal Injury Law Blogs

Two major companies to pay over £100,000 after major blazes in Leeds

Two major companies were sentenced in late July over a major blaze in Leeds that took place in September 2010.

The two companies, Northern Gas Networks Operations Ltd and Morgan Sindall (Infrastructure) plc, were found by the Leeds Crown Court to have neglected basic health and safety procedures when installing gas mains during a construction project in a suburbs of Leeds.

The blaze took place on 3 September 2010 whilst both the companies were working on a construction project at the Ring Road in Beeston. Welding work near a gas main sparked a fire which caused twenty-foot flames to shoot into the sky, with the fire burning for over ten hours until firefighters brought it under control.

A Health and Safety Executive investigation was subsequently commenced into the fire and found numerous health and safety violations which may potentially have caused the blaze. The investigation therefore recommended that a prosecution be initiated into the two companies.

The matter came before the Leeds Crown Court on 31 July 2013. The Crown Court heard that there had been health and safety failings by the two companies, including in the planning, organisation and execution of the work – including the failure to consider and control the risks associated with welding near live gas mains.

Chris Hadrill, an employment law solicitor at Redmans, commented: “Companies have an obligation under the Health and Safety at Work etc Act 1974 to make sure that they take reasonable practicable steps to ensure that their workplaces do not pose a danger to the health, safety or welfare of their workers or third parties.”

HSE Inspector Ian Redshaw commented after the sentencing: “Someone could have been killed or badly injured in this incident. Thankfully no one was hurt, but this was a severe fire that was a danger to workers and local people. There were numerous failings by both companies in the planning, organisation and execution of the work – most importantly the failure to consider and control the risks associated with welding near live gas mains.”

Redmans Solicitors are solicitors offering employment law advice and settlement agreement advice

Health and Safety Executive cases last week – a round-up

In this post we’ll take a look at some cases that have appeared on the Health and Safety Executive’s website in the last week. These case are useful as they give an indication as to how employers can avoid breaching health and safety laws and ending up in court.

Illegal gas work left Norfolk homes at risk

A self-employed heating installer from King’s Lynn has been fined for illegally carrying out sub-standard gas work at two homes in Norfolk.

Mr Ryan Neale, trading as R. Neale Plumbing and Heating, was fined £2,000 by the King’s Lynn Magistrates’ Court for breaching gas safety regulations by failing to install a gas boiler and a gas fire properly in two separate homes.

Fitter fined for illegal and unsafe gas work

A heating installer has been fined for illegal and unsafe gas work in a London home. Abhishev Yadav, aged 28, of Greenwich, installed a boiler at a property on Penywern Road, Earls Court, that was later classed as “at risk” because the flue was not properly sealed or secured. He was fined a total of £7,500 and ordered to pay £2,500 costs after the Westminster Magistrates’ Court found that he had breached gas safety regulations, leading to the endangering of consumers.

Eight metre fall for trainee lands firm in court

A Hertfordshire firm has been prosecuted for safety breaches after a trainee employee suffered multiple fractures in an eight-metre fall from a roof.

The 22 year-old, from High Wycombe, who does not wish to be named, broke two vertebrae, his left ankle and wrist, fractured his pelvis and tore ligaments in the incident in Poets Road, Highbury, North London, on 3 December 2012. The Westminster Magistrates’ Court fined Nature’s Power Limited £30,000 and ordered it to pay £5,840 in costs after it admitted breaching the Work at Height Regulations 2005.

It’s not currently known whether the trainee will make a personal injury claim against the business.

Linton man in court after waste site death

The driver of a loading shovel has been sentenced for safety failings after he reversed his vehicle into a lorry trailer at a Cambridgeshire waste site, crushing and killing its driver.

Mark Nyland, 34, from Sutton in Ashfield, Nottinghamshire, was hit by the tracked loader as he was closing the doors at the rear of his HGV after emptying it of waste and sweeping out debris in a ‘safe area’ on the site. He suffered severe multiple injuries.

The Cambridge Magistrates’ Court found Kenneth Miller, the driver of the loader, guilty of breaching the Health and Safety at Work etc Act 1974. He was ordered to pay costs of £600 and was sentenced to a 24-week prison sentence, suspended for two years.

Illegal gas work left Dunstable home at risk for months

A builder has been jailed for 12 months for illegally carrying out sub-standard gas work at a lone pensioner’s home in Bedfordshire.

Luton Crown Court heard today (9 August 2013) that between 21 January and 30 June 2010, Patrick Regan carried out internal building work, including gas work and other building works affecting gas appliances, at a 65 year-old woman’s house on Luton Road, Dunstable despite not being registered with Gas Safe.

Mr Regan was sentenced to 12 months in prison for breaches of the Gas Safety (Installation and Use) Regulations 1998 and Health and Safety at Work etc Act 1974. He was also ordered to pay £2,500 towards the prosecution’s costs.

Direct 2 Lawyers can put you in touch with employment solicitors and criminal law solicitors

Engineering company heavily fined after breaching health and safety laws

A Scottish company has been heavily fined by the Livingstone Sheriffs Court after it admitted breaching health and safety laws, leading to serious injury to an employee.

Mr Kenneth Hunter, 33, was working for Oil States Kaper Ltd at its site in Bathgate when the accident happened in May 2011.

Mr Hunter was working at the site on 25 May 2011, trying to deal with an annnular. An annular is a type of blow-out prevention device that is used in the oil and gas industry to prevent potential blow-outs during oil well drilling – blow-outs which can potentially endanger oil rig platforms.

The Health and Safety Executive received a report of the accident and conducted an investigation into the matter. This investigation recommended that a prosecution be initiated against Oil States Kaper Ltd.

The case came before the Livingston Sheriffs Court on 26 July 2013. The Livingston Sheriffs Court heard evidence from the HSE that the company had failed to provide a safe system of work or that suitable equipment was used to undertake that work. The investigation also found that the firm had failed to ensure that the workers had adequate supervision at work – failure which, it was alleged led to the injury to Mr Hunter.

The company was charged with breaching s.2 of the Health and Safety at Work etc Act 1974 and pleaded guilty to the charge. It was therefore fined £40,000 but – in an unusual step – the court did not order it to pay the costs of the prosecution.

HSE Inspector Kerry Cringan stated after the case: “This was an entirely preventable accident which could have been avoided had simple controls been in place. There was the potential for this failure to result in fatal or serious injuries not only to the person working on the annular, but also to employees in the surrounding area.”

Direct 2 Lawyers offer advice from no win no fee employment solicitors and compromise agreement solicitors

Eight-metre fall for trainee leads to heavy fine for company

A Rickmansworth firm has been heavily fined and ordered to pay the costs of the prosecution after a trainee suffered serious injuries after an accident at work.

The accident happened on 3 December 2012 when the trainee was working with his employer, Nature’s Power Limited, fitting a flue liner down a chimney as part of an installation project. The trainee was up an access ladder attempting to install the flue liner when the ladder came away from the wall. He wasn’t able to right his position and fell three stories to the ground below, sustaining serious injuries. This included a fractured spine, a broken ankle and wrist and a fractured pelvis.

The Health and Safety Executive was subsequently notified and an investigation was started into the accident. The HSE investigation recommended that a prosecution be initiated into the company and the matter came before the Westminster Magistrates’ Court last week.

The Westminster Magistrates heard that the Health and Safety Executive investigation found that the access ladder was not long enough to a point where he could step on to the roof of the building, leading to the accident and his injuries. The company was criticized for not using a safe working procedure and for failing to take steps as were reasonably practicable to prevent the serious injuries to the trainee.

Nature’s Power Ltd, who pleaded guilty to breaches of the Work at Height Regulations 2005 in absentia, was fined a total of £30,000 and ordered to pay the prosecution’s costs of £5,840.

The company’s criminal defence solicitors do not appear to have commented on the case either prior to or after the judgement and it is not currently known whether the injured trainee is going to claim personal injury against the business or has done so already.

Marc Hadrill, a personal injury solicitor at Redmans Solicitors, commented: “Employers have obligations regarding health and safety at work – generally, they have to simply take such steps as are reasonably practicable in the circumstances to ensure that the health, safety and/or welfare of workers and third parties isn’t endangered by the workplace. The Magistrates’ Court determined in this case that the employer failed to do this.”

HSE Inspector Keith Levart stated after the judgment: “If used correctly, access and roof ladders can provide safe access to chimneys. However, this one could not clear the guttering, which led to this entirely preventable incident and a trainee worker suffering serious injuries. It is only a matter of good fortune that these injuries were not fatal.”

Redmans Solicitors are employment law solicitors and personal injury solicitors based in London

Are false injury claims driving up insurance costs?

Just a few months ago figures released showed that Britain’s roads are as safe as they have been for a long time. Accidents were fewer and the amount of people injured on the roads had dropped significantly.

However, the cost of car insurance for under-25s is eye-watering and the average price for a 17-20 year-old male is £2,960. So why is insurance still so high?

The main reason, according to insurance companies, is a huge increase in litigation brought about by the expansion of the “no win, no fee” culture. This has increased legal bills across the board. On average there are around 200 road accident claims lodged every day and lawyers are only paid if the claim is successful, but their fees are substantial.

So is it that people are more aware of their rights to make a claim or is it that insurance companies are encouraging more people to push their luck and make a claim for an injury that actually might not be that bad?

It would seem a bit of both. Last year saw a 5% rise in the amount of whiplash claims in the UK, possibly claims that would not have been made if TV commercials hadn’t been so keen to get people to make a claim for an accident they have been involved in.

It’s estimated that each claim can increase a premium by around £80 per year, not really enough to justify the cost of some premiums, but it’s thought that the huge fees charged by legal firms and claims solicitors is what’s really behind the prices.

The darker side of a more litigious society can be seen in the so called “cash for crash” culture. This is where people deliberately become involved in accidents so that they can then claim for compensation. Mohammed Patel from Manchester was jailed for four years after being found guilty of deliberately causing accidents. For a fee of £500 per collision he intentionally caused 93 crashes in a three year period, each costing insurers an average of £17,000. He was only caught when insurers became suspicious that so many of these collisions took place at the same roundabout.

Patel was assisted by two brothers, Rezwan and Rehan Javed, who ran a firm called North West Claims Centre. They would create false invoices, which were then passed on to insurance companies. In total it’s thought that they cost the insurance industry around £12 million in total.

Though the people responsible for this more serious case of insurance fraud are now in prison, not all claims are organised by criminal gangs on such a large scale. This was highlighted by a survey on behalf of Moneysupermarket.com, which found that shockingly, one in 20 drivers aged under 35 had deliberately braked “in such a way as to cause the following motorist to collide with them,” so they could then make a claim for compensation.

This article was provided by experienced writer and blogger Matthew Crist in association with TSR Injury Law for car accidents in Minnesota.

How Child Abuse Can Cause Brain Injury

Several studies demonstrate that child abuse can cause serious brain damage and lifelong suffering. A number of children and adults have undergone testing to show how people suffer from psychological problems related to childhood abuse, trauma, neglect and sexual assault. Child abuse is nothing new, and it, unfortunately, continues today. Small infants often receive abuse and suffer lifelong disabilities as a result. Others are not as fortunate and die from their injuries. Whatever the abuse, there are serious and tragic repercussions associated with it. Here’s how to identify the repercussions and take action to intervene.

Long-Term Head Injury Damage

Neurobiological findings indicate that trauma to a child (physical abuse, neglect and sexual abuse) will lead to brain injuries. These findings conclude that the structure and chemistry of the brain will change. Children will exhibit behavioral and learning problems. In certain cases, early intervention can help decrease the amount of suffering and brain damage a child ensures.

The best intervention for certain abuse cases is to place the child in a loving environment. Some children are able to adapt, where others end up in the foster care system, unable to emotionally and psychologically cope with their abuse. Changes in the brain chemistry will impact the mood and behavior of an abused child. The majority of children that have been abused deal with depression, aggression and impulsive behavior as a result.

Head Injury Symptoms

If you suspect your child or a child you know has been abused, there are several traumatic brain injury symptoms to pay attention to:

Behavioral changes

Loss of consciousness

Seizures

Concussion

Scalp swelling

Headache

Vomiting

Unfortunately, infant child abuse is a serious problem that often leaves the child in a fatal situation. Shaken baby syndrome has devastating consequences, and many of the infants die as a direct result of the injuries sustained. Shaking a child back and forth will cause the brain to hit against the skull, leading to bleeding and swelling of the brain. If the child survives, they often suffer long-term brain injuries and may become disabled due to the abuse.

Steps to Take if You Suspect Head Injury

Take the child to a doctor immediately if you suspect abuse. The hospital staff will contact the police to report child abuse if they find injury symptoms consistent with child abuse. Contact the police, as well, if you suspect abuse. Removing the child from the household is important, as they need to be in a constructive environment where they will feel protected. Some children are able to flourish once they have been removed from the environment and given proper physiological counseling. Adults that have been abused as children often share their stories to help prevent this from happening to others.

Children require legal help if they have been abused. The individuals that hurt them should be punished for their actions and prevented from hurting others. Hiring an attorney is the best thing you can do to protect the child.

How to Seek Legal Action for Abuse

Each state has different laws pertaining to child abuse and neglect. If it is your child, and the other parent is the abuser, you have the right to ask the judge to appoint an attorney for your case. Some courts will appoint an attorney to the case even if both parties do not request one. This is done in the best interest of the child to help protect their legal rights.

To help prevent further abuse and to ameliorate the long-term consequences for the abused child, you must be stalwart in your resolve. If you suspect abuse even a little, look closely and constantly for signs of damage; contact a doctor or hospital; call the police, and request that an attorney be appointed, should a legal case ensue. The more that people follow these critical steps, the more likely it is that child abusers will be identified and brought to justice, and the effects on children will be lessened.

Genuine Whiplash Victims Should Be Given the Justice They Deserve Says Transport Select Committee

Whiplash injuries can arise from motor accidents and can have debilitating consequences for those who suffer them. It is appropriate that people injured in motor accidents through no fault of their own should be able to claim compensation from the party which caused the injury.

This is the conclusion from the Transport Select Committee released a report last week which discussed the ongoing issues with whiplash claims, and in particular the impact whiplash claims have on insurance premiums. This statement will be welcomed by people suffering from whiplash and injury lawyers fighting their cause.

The apparent rise in fraudulent whiplash claims has meant that people suffering from genuine neck and back injuries as the result of a motor accident have been made to feel vilified. Richard Meggitt from the personal injury claim specialists Accident Solicitors Direct says, “It’s important to remember that in all the discussion about fraudulent claims, that there are people who have sustained a genuine whiplash injury in an accident which wasn’t their fault and they deserve to be compensated.”

(more…) “Genuine Whiplash Victims Should Be Given the Justice They Deserve Says Transport Select Committee”

Look Both Ways: How and Why to Avoid a Pedestrian Accident at all Costs

Look Both Ways: How and Why to Avoid a Pedestrian Accident at all Costs

Being involved in a car accident can range from a minor annoyance to a tragic event. Most drivers think that they’re safe behind the wheel, but research from the insurance industry shows that the average driver will have to file an auto insurance claim once every 19 years. This means that, regardless of a person’s driving skill, they’re likely to be involved in some form of accident.
 
According to augerlaw.com, a pedestrian is killed in a traffic accident every two hours. Sadly, auto accidents involving pedestrians can be especially traumatic, so it’s imperative for individuals to understand and avoid them at all costs. Consequences of Pedestrian Accidents

The consequences related to pedestrian accidents can be varied and severe. A pedestrian may obviously face substantial injuries due to the accident. These injuries can lead to excessively long term medical costs, and sadly, these incidents may even ultimately result in the death of a victim.

Drivers involved in pedestrian accidents also face consequences, and even though they usually aren’t as severe as those faced by the pedestrian, they may still be substantial. A negligent driver will usually be at fault for a person’s medical bills and even damages related to pain and suffering. These types of accidents can be disastrous for the victims, so the law usually protects these individuals.

Those who are injured in pedestrian accidents have the option of getting an attorney to help recover costs. Having legal help will increase an individual’s chances of receiving fair compensation, and since insurance companies like to avoid the courtroom, simply having an attorney may result in a fair settlement offer from the outset.

Avoiding Pedestrian Accidents

The best way to avoid the aforementioned consequences is to avoid a pedestrian accident altogether. Luckily, this isn’t a matter of luck; and those who take proactive measures can protect themselves and others on the road.

Driver Techniques

Check the Right: Too many people simply check their left side when turning right onto a perpendicular street. This is because any dangerous approaching traffic is likely coming from that direction. It’s important to note, however, that pedestrians often enter the crosswalk to the right of a car. An individual who doesn’t look to the right before turning can easily strike a pedestrian.

Avoid Distracted Driving: Distracted driving leads to a majority of auto accidents that occur. Sadly, an individual texting and driving can strike a pedestrian just as easily as they can rear end another vehicle. It’s imperative to always be vigilant when driving.

Pedestrian Safety Tips

Use Sidewalks: Sidewalks are built specifically for pedestrian safety, so they should always be used. If there is no sidewalk, it’s imperative to walk on the side of the road that faces oncoming traffic.

Cross at Street Corners: If possible, a person should only cross at street corners. This will give them the ability to see all oncoming traffic. Crossing at corners with stop signs or traffic lights is ideal.

Be Aware of Drivers: It’s a driver’s responsibility to see pedestrians, but this simple fact won’t prevent a serious injury if a person is struck. Always take notice of whether a driver is paying attention or not, and it’s also a good idea to make eye contact with an oncoming driver before attempting to cross. This ensures that they see the pedestrian.

Thousands of pedestrians are killed every year in the United States. The sad fact is that many of these incidents could be avoided with just a little vigilance on the part of drivers and pedestrians. Pedestrians who are injured due to a driver’s negligence should immediately seek legal help. This is less of a way to get money and more of a way to ensure that financial liabilities caused by the accident are handled. These types of injuries can become very expensive, and it’s not fair for an injured pedestrian to have to cover them on their own.


Melanie Fleury’s close family friend was killed in a car accident while waiting to cross the street. One attorney at www.augerlaw.com is an avid runner who sees firsthand the dangers that a pedestrian faces on the road. If you are injured by a car, you may be eligible to receive compensation for your injuries and lost wages.

Filing a Claim in a No Fault State: Know all your Options

Anyone who has bought any type of insurance likely knows that these policies can be quite complex. Between understanding what is covered and what isn’t, a person can end up completely confused by the time they purchase a policy. In some states, however, certain types of policies can be even more confounding to the typical person. “No fault” states, for instance, create an insurance atmosphere that most people in the country aren’t accustomed to. This is why everyone within these states needs to understand how these laws work.

What are No Fault States?

Most states have insurance laws that require the negligent party in an accident to cover all of the victim’s financial liabilities related to the accident. In no fault states, such as Michigan, however, the law is a bit different. No fault states shift the responsibility and risk of driving to each individual driver. In an effort to lessen the burden of accident claims on the court system and reduce insurance costs, these states have instituted rules that require a person’s own insurance company to cover their losses.

This isn’t to say that an insurance company will have to pay for all costs related to an accident. They are, however, required to cover their own policyholder’s financial losses. These losses can include medical bills, lost wages and even rehabilitation. When it comes to points like pain and suffering and other special damages, however, an injured party can still bring forward a personal injury claim.

Problems with No Fault Insurance

Though it seems as if no fault insurance would be a good way to ensure that all accident victims, regardless of who was at fault, would be taken care of, the laws do present a few difficulties for those who weren’t at fault for the accident. Many states have limits, for instance, on the amount of money that a person can recover for lost wages. This can cause problems for those who sustain injuries that prevent them from working.

Additionally, a problem arises when an individual is involved in accidents with out-of-state drivers who aren’t mandated to have no fault insurance. A Michigan driver who is involved in an accident with a Georgia driver, who isn’t required to have this special type of policy, may still be sued in a court of law. Retaining a Michigan car accident lawyer would be ideal when this situation occurs. Additionally, a lawsuit may be forthcoming if an insured driver is involved in an accident in another state.

The Different Types of Claims

No fault states create a third party system that most drivers would do well to learn. The policyholder in no fault states is known as the “first party.” Whenever an accident occurs and the insurance company, also known as the “second party,” must pay for their policyholder’s medical bills, this is known as a first party claim.

As mentioned earlier, there are some instances in which another driver’s insurance company may be liable for the other driver’s damages if their policyholder was at fault for an accident. In these cases, it’s a “third party” claim that must be brought forward. The third party is the other driver involved in an accident, and if any of the aforementioned special damage recoveries are forthcoming, their insurance company will be liable.

When to Retain a Lawyer
 
Retaining a lawyer, particularly if involved in one in a no fault state, is always a good consideration to be made. A car accident lawyer will be able to counsel you as to what kind of claim should be made based on the extent of injuries and damage that has occurred. They are knowledgeable about such claims and will make recommendations based on the evidence. They also will be able to counsel a car accident victim in regards to the states laws, including local if needed.

No fault states are a great way to reduce court costs and the costs faced by the state due to proceedings. Unfortunately, they do constitute a paradigm of the insurance model that’s a bit more difficult for people to understand. Just because the laws are more complex and shift more responsibility to the driver, however, doesn’t mean that fair compensation cannot be had. Finding the help of an experienced legal professional can do wonders after an accident in a no fault state.

Lisa Coleman shares what a no fault state is and how it can be difficult to file a claim within such a state, and encourages retaining a lawyer to help with the process. She recently viewed online how a dedicated Michigan car accident lawyer firm, The Stroble Law Firm, could represent and counsel a client who has been involved in a car accident in the state of Michigan, including counseling them to understand all their options when filing a claim in a no fault state.

Finding the right lawyer for you

Which are the best personal injury lawyers to choose?

You’ve searched on “accident claim” or a similar term, and you’ve had an avalanche of pages and sites returned. Where to start? How do you pick the right personal injury lawyers for a full service?

Top tips for finding the best personal injury lawyers

When you’re searching online, first gather information. Does your injury qualify for a claim?

  • Were you injured within the last three years?
  • Was it someone else’s fault?
  • Did you receive medical attention because of it?
  • What category does your injury fall into?

The best personal injury lawyers will ask you these questions.  Here are some major categories that they cover:

  • Clinical negligence
  • Injury from faulty products
  • Plastic surgery procedures gone wrong
  • Trips, slips and falls, on a wet floor, over a tipping pavement slap or a crooked kerb.
  • An accident from machinery or equipment at work
  • Falling from a height or being hit by moving plant
  • A debilitating condition resulting from long-standing conditions at work
  • Road traffic accidents for drivers, passengers or pedestrians
  • Accidents overseas or holiday mishaps, such as picking up food-poisoning in a hotel

These are just examples. The fact is anybody can be injured in almost any circumstance. The trigger for an accident claim is that it was somebody else’s fault, and under UK law the victim is entitled to seek compensation.

Check out the sites

You can establish these early facts for yourself on many personal injury compensation claim sites. Once you start your claim, however, things may change slightly. Although the majority of cases are dealt with by phone and settled, many cases are more complex. Personal injury lawyers will advise you on the complexities, should they arise. So for example, if the defendant refuses to settle, or if the offer is too low and there’s a possibility your case has to go to court, then you need one-on-one guidance to pursue it.

Terms of Business

Many sites offer a free initial consultation by phone, and the contact details will be easily found, if you don’t want to do it all through the website forms. You are under no obligation to start a claim, indeed, the decision is yours, but when you do, always ask the terms of business. Most personal injury lawyers in the UK offer a no win no fee service, and many of them are members of the Law Society.