Personal Injury Law Blogs

Pharmacy Negligence- Philosophy & the Law

pharmacy negligence

Typically when we think of medical malpractice we think of negligent doctors.  We read about doctors who misdiagnose patients, surgeons who leave medical instruments in patients, and anesthesiologists who used a medication that was counter indicative based on the patient’s medical history.  However, other medical professionals such as pharmacists also make mistakes, and, sadly, the result is sometimes devastating.  Like physicians and other healthcare professionals, pharmacists can be held legally liable to patients for these mistakes if as a result the patient is harmed and suffers damages.

 

The basis of any negligence claim is that there existed a duty that was breached, causing harm and compensable damages.  In the case of the pharmacist-patient relationship the pharmacist has a legal responsibility to the patient to provide the medication prescribed by the physician and to disclose to patients pertinent information about taking the medication.  If the pharmacist fails to do so, the pharmacist breached his or her legal duty.  Should the patient become sick or die because of the pharmacist’s mistake, then there is causal relation between the pharmacist’s breach and the patient’s illness or death.  If as a result the patient suffers compensable harm such as medical bills, lost earnings, and pain and suffering then the pharmacist may be liable for damages.

 

Pharmacists can breach their duty of care in a number of different ways.  For example, a pharmacist may accidently give the patient the incorrect medication by either using the wrong drug when filling a prescription or by putting the wrong name on the prescription bottle.  The patient could wind up with the improper medication if the pharmacist makes an error in preparation by incorrectly compounding or improperly reconstituting the medication.  Negligence may also occur if a pharmacist gives the patient the wrong dosage instructions, fails to advise the patient about drug interactions or fails to warn the patient about possible side effects.   Furthermore, a pharmacist may even be held liable if the physician writes a prescription for the wrong medication and the pharmacist should have caught the mistake.

 

Patients who are injured due to the negligence of a pharmacist may be awarded both compensatory damages and punitive damages.  Compensatory damages are designed to pay for expenses that the patient incurred because of the negligence. For example, if the patient had to go to the emergency room to get treated for an adverse reaction to an incorrect medication, then the pharmacist may be liable for the bills associate with the hospital visit.  In addition, if the patient was unable to work, then the pharmacist may have to pay for the patient’s lost wages.  Moreover, the negligent pharmacist may be liable to the patient or the patient’s family for punitive damages that would provide a monetary award above the actual expenses related to the negligent act.  Punitive damages are sometimes awarded in order to punish the negligent person and to deter the negligent behavior.

 

Unfortunately, pharmacy negligence is far from uncommon.  According to the U.S. Food and Drug Administration medication errors cause at least one death each day and result in injuries to over 1.3 million people each year.  If you believe that you or a loved one was injured due to the negligence of a pharmacy, you should contact an experienced medical malpractice attorney.   An attorney familiar with the complexities of medical malpractices cases will be able to review the facts of your case with you, educate you on your legal rights and help you get the best possible result.

Auto Fraud Scams on the Rise in U.S.

For some countries, auto fraud scams have become such a great issue that dash cameras have become the norm. Now, the U.S. hasn’t reached a high enough level for such cameras to be the norm, but these scams are on the rise and continue to concern drivers in all states. Scammers will prey on anyone and everyone they can use for substantial compensation returns.

How about the stats?

Recent stats from the National Insurance Crime Bureau show an increase in auto fraud scams from 2007 to 2009 by 46%, with Florida leading the way as the number one state with reported auto fraud scams. This is increase is nearly four times of that reported in 1999. Either people are getting more desperate for money or major holes exist in the insurance system for finding and convicting these criminals.

Typical Auto Fraud Scams:

Scammers are using several tactics to prey on their victims, all of which require more than one scammer. A typical scenario requires two drivers looking to prey on another vehicle. With a four-lane road, one driver will get in front of the victim while the other pulls alongside the victim. The driver in front slams on their breaks, trapping the victim from veering to avoid the rear-end collision.

The scammer will use the wreck as a way to claim more compensation than needed. They typically overplay their injuries in hopes of recovering more compensation for injuries they haven’t sustained. Compensation then becomes pocketed income for the scammers, leaving the victim with higher insurance deductibles and bills.

Understanding These Scenarios:

First and foremost, know that these scams do occur and according to recent stats, they are occurring more frequently. You will be set up for an auto fraud scam, so look for possible red flags: is the person really hurt or are they overreacting? Did they call an ambulance? Did it seem as if they were working with someone else? Are they pushy about getting your insurance info?

In any case, make sure you call authorities to the scene for an official report of the wreck. If the other driver is claiming to be hurt, make sure they’re treated medical professionals before you leave the scene and receive a diagnosis. You want to make sure their claim is substantial.

If you believe you’ve been preyed upon, you can consult with an auto fraud attorney. Some personal injury attorneys specialize in this type of law and can help settle a matter that seems to be fraudulent. You don’t want to wait and consider whether you should meet with an attorney or not. Go ahead and meet with one – the least they will say is that you don’t have a claim. Plus, most attorneys provide free consultations.

Are Freeway Speed Limits for Trucks Too High?

Accidents are a regular occurrence on freeways around the country. There are concerns associated with the speeds that are established on these freeways. The speeds are generally deemed a tad ‘elevated’ in comparison to the safety requirements suggested by experts. Accidents that involve trucks are often associated with speeding being the major mistake leading to unfortunate results. When trucks are a part of accidents, the damage is usually more severe and damaging. Local and national governments are regularly looking at modifying certain areas of freeways in order to reduce these accidents involving trucks. This piece will focus on the speed limits on freeways and whether they can be considered too high.

Stopping Distance

Opinions on speed limits tend to vary depending on whom one asks. The general consensus features a belief that stopping distance is a key category to focus on. The primary reason that trucks should have a lowered speed limit is because of their stopping distance. A car going at 50 MPH will have a lesser stopping distance in comparison to a truck going at the same speed due to the weight of the car which is less than the weight of the truck. Having the same speed limit for both types of automotive vehicles can lead to an ongoing occurrence of crashes. Reducing the speed limits for trucks may balance the stopping distances between both types.

Natural Speed Limits

Trucks are generally considered slower in terms of the distance covered. It is wise for speed limits to be creating based on stopping time. Since the stopping time of a vehicle is heavily contingent on the weight of the vehicle, it follows that cars and trucks should have differing speed limits.

Faster Speeds Don’t Cause More Damage

A myth is often perpetrated among the driving population revolving around the correlation between driving speeds and accidents. Research has shown that there is no connection between increased speed limits and accidents. The only issue that is of concern revolves around the uniform nature of speed limits. It is a must to have speed limits that are diverse and take a vehicle’s size into consideration. This is where the idea of different speed limits comes into play across the nation for trucks and regular cars.

Most accidents that are reported are due to speeding that is well in excess of the established speed limit. These accidents are due to a driver completely losing control of their vehicle because they did not abide by the set speed limit for that particular highway or road. This is one of the major reasons behind why experts do not believe that faster speed limits are a cause for concern.

Issues with Reducing Speeds

Speed limits are not consistently reduced as, in most cases, reducing speed limits only succeeds in creating increased traffic, rather than decreasing the amount of traffic accidents. The increased traffic created by reduced speed limits may result in the increase of traffic accidents due to the amount of vehicles on the road at a time.

Byline

This piece was composed by Jonathan Brenner, a freelance writer based in Omaha, Nebraska who specializes in car mechanics, car repair and maintenance, cars and the law, trucking, transportation and other assorted topics; to learn more about the transportation field visit Next Exit Logistics.

Surprisingly Common Slip and Fall Accidents: Who has Liability?

(U.S. Law and generally) Most people do not plan their days around the risk of falling down and getting injured. While they may underappreciate slipping and falling, the consequences of these accidents can be devastating. In fact, slip and fall accidents commonly occur in a variety of places, calling for people to be aware of their surroundings and take caution to avoid falling. If they do fall and injure themselves, people are encouraged to consider the ramifications and whether their accidents are being properly addressed.

The Risk of Escalators

Most people enjoy riding up and down escalators. However, these fixtures can be dangerous for anyone, particularly elderly people. In fact, OSHA recently reported that in a 15 year span from 1991 to 2005, more than 40,000 people have been injured by falling off escalators. Public venues that have escalators on their premises have a variety of recourses available to them when someone falls and gets hurt on their properties. They typically are expected, if not legally required, to pay for victims’ medical expenses.

These locations may also have recourse to make repairs or adjustments to the escalators as well. Victims who are ignored by property owners or managers, are not offered help with medical bills, or referred to the venues’ legal team should contact a new york escalator accident lawyer to help them recoup compensation for their injuries.

Sidewalks Needing Upkeep

Both public and private property owners must keep up their sidewalks. Cracks, uneven pavement, and holes must be repaired so that passersby do not fall and get hurt. People who slip and fall on sidewalks can pursue legal action against the property owners. Even so, these accidents are often go unreported because many people do not seek medical help after they fall.

Accidents on Playgrounds

Adults are not the only ones prone to these accidents. The Center for Disease Control estimates as many as 200,000 children are injured each year by falling and slipping while playing on playgrounds. If a child falls on public property, such as at a city or county park, parents may seek legal remedy from the government agency that is responsible for the property’s upkeep. If a child falls on private property, those parents would have to pursue action against that private owner. A manhattan slip and fall lawyer can advise on the best course of action and who the responsible party would be.

Nursing Homes and Medical Facilities

The CDC estimates that close to 1800 people slip and fall in nursing homes and medical facilities each year. While these accidents occur on premises where medical staff is on hand to help, people still should have the expectation of being able to walk safely throughout these locations without falling and getting hurt. Any attorney, whether a NY slip and fall accident lawyer or one in Kansas, will agree that owners of private businesses and properties may have a responsibility to take care of victims who are injured onsite or under their care. Victims of slip and fall accidents should contact an attorney to find out what actions can be taken and how to negotiate with these facilities’ owners.

Slip and fall accidents can occur literally anywhere. Places that are generally assumed to be safe can actually pose a risk to people, especially elderly individuals or small children who are less mobile and steady on their feet. Property owners have an obligation to address the cases of slip and fall victims and provide financial assistance as needed. Victims can find out what legal actions are available to them after an accident by contacting a reliable attorney.

Freelance author/artist and self-proclaimed klutz Molly Pearce writes to inform readers on common-place injuries in today’s world and human rights as they relate. NY slip and fall accident lawyer group, the Perecman Firm, PLLC are advocates for the injured in the courtroom and have aided those suffering from paralysis, injuries to the head, broken bones and other serious injuries because of property owner negligence.

When High Voltage Leads to On-the-Job Injury: What can a Person do?

Accidents involving high voltage electricity can easily result in death as well as very serious personal injury. The result of a high-voltage accident is rarely positive in any manner. Approximately 80% of all high voltage electrical shock injuries will include amputation of some type to avoid infecting other areas of the body. Sometimes this disabling condition occurs at the time of the accident. Although high voltage is often considered to be 440-volt currency levels, any electrical work injury can be very damaging because the electrical property that actually creates the damage is the line amp level. The amp level working in conjunction with line resistance, termed as impedance, actually determines the power capacity.

Electrical Fires

Actual contact with a live wire is not always necessary for a high-voltage work injury. Although this typically occurs in the very dangerous profession of electrical line repair and installation, an electrical problem can also result in extensive fires that can escalate quickly in industrial situations. Additionally, falling live wires can create other perils that cause serious burn injury. Falling wires from an electrical fire that trigger a sprinkler system can be problematic also, especially when a live cable falls into any area of pooled water and connects to a conductive material.

Electrical Injuries in the Construction Industry

Although professional linemen actually install the electrical cables from the power service, many construction companies subcontract the electrical service installation in any structure work place. A faulty transformer can cause the electricity to flow to the facility in its raw form without any resistance or conditioning. This is an extremely dangerous situation for everyone involved, not just the electricians.

Professional electricians are always aware of the potential for sever bodily injury, but power surges can occur in many different situations and the novice employee does not always know when danger is present. Injury can occur to carpenters and steel workers just as easily as electricians because the electricity flows unimpeded through all conductive materials. Raw power contact usually results in wrongful death injuries and the construction company should take every precaution available, but those precautions do not always get implemented.

Filing a Workers Compensation Claim

It is always important to hire an experienced construction accidents lawyer that is knowledgeable about personal injury in any burn-injury case because they can be complicated and involve multiple respondents. This is especially true in construction accidents with multiple contractors. When several employers are involved in one work place, the actual responsibility and negligence can be difficult to unravel, which is what occurs in any personal injury case.

The primary employer carrying the workers compensation insurance protection is responsible for filing the claim at work, but they cannot be sued for punitive negligence damage awards if they are legally compliant on all accounts. However, extenuating factors created by other responsible working contractors can represent negligence from other contracting employers. The possibly for multiple respondents is high in electrical injury cases, and it always takes an experienced attorney to maximize a claim.

It is important to hire a personal injury and accident attorney with significant experience in handling electrical work-related injuries because calculating all damages includes the possibility of permanent disability or even wrongful death. Immediate survivors of electrical work-related wrongful death claims are usually the individuals with proper legal standing to file a court case, so it is paramount to determine who that individual will be because the result can also impact any will or estate settlement. Always consider all possibilities when choosing an attorney and pick one with a solid track record of proven success for victims of an electrical injury.

Legal writer Lisa Coleman discusses some different kinds of high voltage work related accidents and injuries that can occur in a construction zone, and encourages legal representation for such victims injured whether by accident or negligence. The Perecman Firm, P.L.L.C. is a construction accidents lawyer firm based in New York that empathizes with the kind of problems that can arise with a serious or fatal injury involving high voltage, and is equipped to represent this kind of client and handle the problematic legalities that follow.

4 Things Every Chicago Driver Should Know When They Get Into A Car Accident

When chaos happens on the road, the most important tool you can have at your disposal is a car accident lawyer in Chicago every year over 6 million accidents happen in the United States alone. The cost of these accidents can range from anywhere between an extraordinary 8 to 12 billion dollars! Of the 6 million incidents that happen, 400,000 of those happen in Illinois. Even though the physical damage caused by an accident can be instantaneous and obvious, the emotional and mental turmoil can be more subtle yet way more overwhelming to deal with in the long run. Knowing the laws will help immensely, that’s why it’s so important to contact a car accident lawyer in Chicago immediately. Here are some common questions residents of Illinois should ask before getting behind the wheel of a car.

Is my Insurance Coverage enough?

Any Chicago Car Accident Lawyer will tell you that Illinois is a fault insurance state. This means that if there’s a car accident in Illinois, the driver who seems to be at fault for the damages is responsible for paying all damages through their insurance. Because of this, Illinois state law claims all drivers must be insured and that their policies cover $20,000 in the event of death or injury to one person and $40,000 in the event of deaths or injuries for more than one person. Plus all drivers must be covered by their insurance for $15,000 in property damage. Exchange your vehicle on scrap car Bolton for money fast.

If I do get into an accident, do I have to report it?

Any car accident that meets the crash reporting requirements for Illinois must be reported. If you fail to report a car accident that you were in, you could be hit with a heavy fine. Currently, that fine in Illinois can be a staggering 2500 dollars plus up to a year in jail. If you haven’t reported your accident you should consult a car accident lawyer in Chicago immediately to discuss your next step.

Is there a statute of limitations on when I can file my claim?

In Illinois, there is a statute of limitations on all auto accident claims. You must file your claim within 2 years of said accident; otherwise you will risk losing out on any compensation due to the other driver’s negligence. If you have been in an accident and are not sure how to proceed, contact a Chicago Personal Injury Lawyer for advice.

In the event of a car accident, can anyone sue?

In order to set limits on who can sue, Illinois has set in place what is called the proportional comparative fault policy. A Car Accident Lawyer Chicago will tell you what this means is that in order to sue, the driver must be less than 50 percent responsible for the accident. Anyone who is over 50 percent responsible cannot make a case.

Car accidents may happen in a matter of seconds, but the effects can last a lifetime. It is no easy feat to navigate you through all the unknown steps associated with making a full recovery from a traumatizing accident. Thousands of people have relied on car accident lawyers in Chicago, because they specializes in accident laws and can help ease the pain and stress of a terrible situation quickly and effortlessly.

Motorcycle Riding: Sharing the Road Safely in the Sunshine State

Florida welcomes motorcyclists to the state each year and encourages its own native riders to enjoy the highways and roads at leisure. However, bikers in Florida are encouraged to be aware of and follow the laws that the state has set aside especially for motorcyclists. These laws are designed to protect both riders and other motorists on the roadways. When a motorcycle rider does become involved in an accident, he or she can rely on a lawyer to ensure that all of the applicable laws were followed.

Florida Helmet Law

Unlike some states that stipulate that riders wear helmets, Florida’s helmet law is more lax. Bikers over the age of 21 are not required to wear helmets so long as they have at least $10,000 in medical insurance. People under this age and those without the mandated amount of medical coverage must wear a helmet while riding.

Other Related Laws

Florida does mandate that bikers wear eye protection and avoid using headphones while wearing a helmet. These protective stipulations prevent motorcyclists from sustaining damage to their eyes and allow them to hear traffic noises like approaching ambulances, horns, and other alerts. Likewise, they must keep their headlights on during the daytime hours so that other drivers can see them.

Motorcycle Traffic Laws

As when driving a car, bikers must give other drivers around them plenty of space and follow traffic at a safe distance. They are accorded by law the use of one full lane, however, they cannot pass traffic in the same lane. They must merge and pass in the next lane of traffic. Moreover, bikers are required to ride at the legal speed limit without speeding or driving too slowly. They also must use their turn signals when turning or switching lanes.

Motorcyclists would agree that operating a motorcycle differs significantly from driving a car. Most notably, cyclists are more vulnerable to injuries and death when they are in accidents. Preparing for an accident and knowing what to do afterward should be an important part of a motorcyclist’s training.

Fender Benders for Motorcycles

Because they are exposed and do not have the protection of a car’s body, motorcyclists do not simply experience minor fender benders. When they rear end a car or another vehicle, bikers often suffer physical injuries and sustain significant damage to their motorcycles. Every accident, in fact, can be an occasion that leads to a biker suffering devastating cuts, bruises, broken bones, and other physical damage. Staying alert while riding, wearing protective gear, and expecting the worst of other drivers may help bikers prepare themselves for an accident, should it occur.

Personal Injury Law Help

Accidents often happen very quickly, and people involved in these wrecks may not be sure of what happened or what caused the events. Motorcyclists who are injured in an accident can get help finding out who caused their injuries by retaining a local lawyer. Retaining a local lawyer who is knowledgeable about the local and state laws to where the accident occurred would be ideal. For example, if a person was involved in an accident within Tampa’s local roadway, then hiring an equipped Tampa motorcycle accident lawyer would be best. Motorcycle riders in Florida should not agree to anything or appear in court without first consulting a personal injury attorney.

Florida’s motorcycle laws are designed to protect motorcycle riders and help them enjoy the state’s roadways. When a biker is injured in an accident, he or she can help protect himself or herself by retaining a lawyer. This attorney can find out what traffic laws were violated and pursue the responsible party in court.

Lisa Coleman writes to encourage drivers to be alert and aware of other drivers when traveling, but stresses the importance of this to motorcyclists who face a higher level of danger when driving. Williams Law Association, P.A., a Tampa motorcycle accident lawyer firm, is experienced and equipped to represent the legalities for clients who have been involved or injured in a motorcycle accident in the Tampa, FL area.

Worker could make claim for personal injury after finger severed in accident

A worker could make a claim for personal injury after one of his fingers was partially severed by a machine in his workplace, leading to the amputation of the finger.

A worker whose finger had to be amputated after an accident at work could be entitled to claim personal injury against his employer after the employer was convicted of breaching health and safety regulations.

Mr Joao Countinho, 41, was cleaning a machine which pipes chocolate into moulds when the accident occurred on 29 February 2012. In order to properly clean the machine he had to remove the rotors and did so. However, when checking to see whether the stirrer cavity was clean he reached into the machine and unfortunately one of his fingers was caught on the rotator. His left index finger became trapped and was partially severed in the machine. He was rushed to hospital after the accident but the doctors could not save the finger and it had to be amputated.

The Health and Safety Executive were subsequently notified of the accident and an investigation was undertaken into the incident. This investigation found that there had been significant health and safety failings and recommended that a prosecution be initiated against Mr Countinho’s employer, Ashbury Chocolates Ltd.

The case came before the Kettering Magistrates’ Court on 18 June 2013. Ashbury Chocolates pleaded guilty to a breach of Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998 (“PUWER 1998”) and as a result was fined £5,000 and ordered to pay the prosecution’s costs of £3,485.

It is not currently known whether Mr Countinho will wish to claim personal injury against his employer.

HSE inspector Ms Michelle Morrison commented after the prosecution: “Ashbury Chocolates Limited had a duty to ensure its employees were protected from the dangerous moving parts of its machines. It failed in that duty. The company has since installed a new guard to prevent a recurrence but it is a pity a man had to suffer a painful injury for that to happen.”

Marc Hadrill, a personal injury solicitor at law firm Redmans, commented: “All businesses have a duty to comply with health and safety legislation in the United Kingdom, regardless of their size. These obligations aren’t objectively particularly onerous – generally, businesses only have to do so much as is reasonably practicable in the circumstances to ensure the safety, welfare and health of their employees. The Magistrates’ Court clearly felt in this instance that Ashbury Chocolates hadn’t taken the necessary steps to prevent injury to its employees.”

Direct 2 Lawyers are employment law solicitors and unfair dismissal solicitors

Concussions Should Not Be Regarded Lightly

A concussion is termed as a sudden injury to the brain caused by trauma to the head. These are very common in contact sports, and in accidents. Concussions range from mild to severe. Mild concussions may not even manifest any symptoms, and severe concussions may need a few days in the hospital for recuperation. When you hit your head against a hard object, your brain is jolted inside the skull. The spinal fluid is supposed to act as a cushion; however the blow might be hard enough to force the brain to hit the walls of the skull. When this happens, any damage done will cause the brain to behave abnormally, and this is when the patient starts exhibiting symptoms of concussion.

What Are The Symptoms Of Concussions?

Headaches are one of the most common symptoms of a concussion; this is often coupled with an inability to concentrate. If you have a concussion, you will find it difficult to maintain your balance. You will feel dizzy or lightheaded and you may also suffer from loss of memory in addition to changes to your sleep patterns.

Behavioral symptoms may include aggression, irritability, or depression. While these are common symptoms of receiving a concussion, some medical professionals believe that the severities in which these symptoms are felt are based on pre-existing conditions already had by the individual.

What Are The Long-Term Effects Of Concussions?

The long-term impacts of a concussion will depend on the severity of the trauma. While it is possible to recover from a mild concussion within a few hours, a severe concussion can result in varying degrees of brain damage. Many victims of a concussion can feel the effects years after the incident in which the trauma occurred.

What Are Some Of The Treatments For Concussions?

Relaxation is one of the best ways to let the brain recover from any damage. The changes that occur in the white and grey matter of the brain, during a concussion need to be allowed to repair themselves. It is best for the patient to relax, avoid stress, movement, and other activities that require excess coordination. Ideally, the patient should rest as much as possible.

After the individual has spent time relaxing, there should be a gradual return to activity and normalcy. As symptoms persist, they should be treated accordingly. If a person is suffering from severe headaches, they may be prescribed pain relievers from their physicians in order to assist the pain as they heal. If an individual is suffering from more severe symptoms such as depression or anxiety, they may seek the assistance of a physiotherapist who may prescribe the patient antidepressants. Physical therapy may also be recommended for those lacking the appropriate motor skills or coordination prior to becoming injured.

As concussions are the most common form of traumatic brain injury, there are a variety of treatments available to assist with any pain and symptoms felt. If you have recently suffered a head injury, it is wise to consult your physician to find out of you may be suffering from a concussion.

Byline

Dustin Thompson is a freelance writer based in Portland, Oregon who concentrates on health, medical education, medicine and the law, urgent care and other related issues; those in need of a contact in case of emergencies should consider viewing Prime Urgent Care.

Worker could make personal injury claim after he loses three fingers at work

A worker could make a claim for personal injury after he had three fingers severed at work at least partly due to his employer’s failure to comply with UK health and safety regulations.

A 27-year-old man had three fingers completely severed almost down to the palm of his hand when an accident occurred at work in 2012.

The man – who does not wish to be named for personal reasons – was working on a social housing development for his employer, Optima Foundations Ltd, when the accident occurred on 6 February 2012. The worker was loading a section of casing to be piled up when the operator of a rig mistakenly lowered a 500kg weight onto his right hand, resulting in the middle three fingers on his right hand being completely severed down to the bone.

The Health and Safety Executive were notified of the accident and started an investigation. This investigation concluded that there had been seriously health and safety breaches and that Optima Foundations Limited should be prosecuted for a failure to comply with UK health and safety laws.

The case came before the Lincolnshire Magistrates’ Court on 10 July 2013. The Magistrates’ Court heard that the HSE investigation had concluded that there wasn’t a safe system of signals or instructions that would indicate that the person doing the piling was ready for the weight to come down, which at least partly resulted in the injury. What actually happened was that the rig operator would simply watch the person doing the piling to judge when the correct time to lower the weight wass. There wasn’t therefore a safe system of work that had been identified or complied with.

The Magistrates’ Court found Optima Foundations Ltd guilty of single breaches of the Health and Safety at Work etc Act 1974 and the Provision and Use of Work Equipment Regulations 1998 (after the company had pleaded guilty to the breaches). This resulted in a fine of £15,000 and an order to pay the prosecution’s costs totalling £8,171.

HSE inspector Mr Martin Giles stated after the prosecution: “Optima Foundations did not provide the injured person and his supervisor with adequate information, instruction and training, and there were defects in the functioning of the controls of the piling machine”

Chris Hadrill, an employment solicitor at Redmans, commented on the case: “Ensuring that there is a safe system of work is one of the key duties of an employer. If the employer fails in this obligation then this can be costly to both the injured party and the employer.

Direct 2 Lawyers can put you in touch with solicitors offering employment law advice