http://www.hayward-baker.comHayward Baker Personal Injury Newsen-usCopyright (C) 2010 hayward-baker.comhttp://www.hayward-baker.com/personal-injury-news/article/hertfordshire-firm-fined-after-accident-at-workA Hertfordshire firm which designs and manufactures shop fixtures and displays has been fined GBP 20,000 after an employee fractured his pelvis in an accident at work. Denis Cronin was straddling a beam at a factory while dismantling racking, when the beam splayed, causing him to fall two metres onto a wooden pallet below. Mr Cronin's pelvis was fractured in three places, he was in hospital for a week and took a further three months to fully recover. Investigators at the Health and Safety Executive (HSE) found that employees had been told to use the warehouse racking as a ladder and that the method was standard practice at the company. Benchmark Fabrication Ltd admitted breaching Regulation 6(3) of the Work at Height Regulations 2005 at Hertfordshire Magistrates' Court. HSE inspector, Graham Tompkins, said: "Climbing warehouse racking is extremely dangerous, the managers at Benchmark should have been aware of this and provided the appropriate equipment - in this case a set of library steps or a small self supporting tower scaffold. "Posted by Alison Spriggshttp://www.hayward-baker.com/personal-injury-news/article/hertfordshire-firm-fined-after-accident-at-workMon, 30 Jan 2012 00:00:00 GMThttp://www.hayward-baker.com/personal-injury-news/article/tata-steel-uk-fined-after-accident-at-workTata Steel UK has been fined a total of GBP 30,000 and ordered to pay GBP 1,696 in costs after two workers narrowly avoided serious injury in an accident at work. The incident at the firm's Scunthorpe plant saw flames up to three metres in length shooting out from a leaking gas pipe during poorly planned repair work. Scunthorpe Magistrates' Court heard that one employee suffered minor facial burns and was fortunate not to be engulfed in the blaze. The court heard that work to repair a small hole in a pipe supplying the central power station at the plant was initially postponed until the next day, but 24 hours later the small leak had widened. An alternative repair method was suggested using a fabricated metal plate that would be drilled into place and then sealed. However, as a Tata employee attempted to put the first screw in place, the live gas in the pipe ignited, sending a jet of flames shooting from the hole. It was only after the blaze occurred that the gas supply to the pipe was isolated and turned off. Tata Steel UK Limited pleaded guilty to two separate breaches of the Dangerous Substances and Explosive Atmospheres Regulations 2002 in connection to the incident. The first breach, of Regulation 5(1), related to an inadequate and unsuitable risk assessment. The second, of Regulation 6(1), concerned the fact employee safety was compromised because Tata failed to eliminate the risk arising from coke oven gas. After the hearing HSE inspector John Moran explained that the incident was a serious one and was a very near miss for those involved. "Thankfully on this occasion a full recovery from the injuries sustained was possible, but it could easily have resulted in a double fatality, and it is a matter of chance that it didn't," he added. Posted by Alison Spriggshttp://www.hayward-baker.com/personal-injury-news/article/tata-steel-uk-fined-after-accident-at-workFri, 27 Jan 2012 00:00:00 GMThttp://www.hayward-baker.com/personal-injury-news/article/construction-firm-fined-after-workers-fall-from-heightA construction firm has been fined GBP 10,000 and ordered to pay GBP 19,000 in costs after a worker suffered multiple injuries in an accident at work. The 28-year-old employee of Fred Lewis Scaffold Company fell seven metres through a roof in Stoke-on-Trent. Fenton Magistrates' Court heard that Gary Hampton shattered his thigh bone, bruised his lungs, broke both wrists, broke two vertebrae and cracked another in the fall and spent six weeks in hospital. He will never be able to carry out any manual work again due to the lasting effects of his injuries. A Health and Safety Executive (HSE) investigation into the incident found the company did not prepare or survey the job properly at the outset and failed to supervise or train its employees adequately. Speaking after the hearing, HSE inspector Alastair Choudhury said: "This case highlights both the dangers of working on fragile roofs and the continual exposure of scaffolders to the risk of falling from height. Posted by Wayne Weirhttp://www.hayward-baker.com/personal-injury-news/article/construction-firm-fined-after-workers-fall-from-heightFri, 27 Jan 2012 00:00:00 GMThttp://www.hayward-baker.com/personal-injury-news/article/hampshire-boat-maker-fined-after-worker-suffers-serious-injuriesA Hampshire-based boat maker has been fined GBP 26,666 and ordered to pay costs of GBP 6,163 after a worker suffered multiple fractures to his leg in an accident at work. Magistrates in Southampton heard that Green Marine Ltd was closing down its premises at Spitfire Quay, Southampton, and moving to new premises in 2010, when the incident occurred. The court heard that Stephen Thompson was using steps to assess some work he was about to carry out at a height of about three metres, when a scissor lift that was being used nearby hit a shelf, dislodging a piece of timber which knocked the steps, causing Mr Thompson to fall to the floor. He fractured his right leg in four places and was forced to spend more than two weeks in hospital over the Christmas period. He also spent ten months off work and can no longer lead an active lifestyle because he cannot stand for long periods and is likely to have a limp for the rest of his life. Doctors have informed Mr Thompson that he is likely to suffer from severe arthritis in his leg because cartilage in his ankle was removed. The Health and Safety Executive (HSE) prosecuted the company for a dangerous lack of planning, organisation and control of the work when closing the factory down. Investigators found that the company managers had failed to plan the work to close the factory effectively and did not ensure the correct equipment was available to carry out the tasks. The firm pleaded guilty to breaching Regulations 3(1) and 5(1) of the Management of Health and Safety at Work Regulations 1999. After the hearing, HSE's inspector David Bibby said: "This case should highlight the importance of effective health and safety management. In their haste to get the factory closed down, Green Marine Limited failed to consider the risks apparent from this project and failed to ensure that work could and was being done safely. "Posted by Trevor Bakerhttp://www.hayward-baker.com/personal-injury-news/article/hampshire-boat-maker-fined-after-worker-suffers-serious-injuriesFri, 27 Jan 2012 00:00:00 GMThttp://www.hayward-baker.com/personal-injury-news/article/phones-4u-employee-launches-personal-injury-claimA former Phones 4U employee has launched a personal injury claim for GBP 300,000 after an accident at work left her with permanent disabilities. Louise Mennell was working in a store in Eastbourne, East Sussex when a computer stack fell on her and caused serious injuries to her foot. According to the Eastbourne Herald, she was left permanently disabled after the incident and now suffers complex regional pain syndrome, a rare condition that results in a continuous burning pain. In a writ issued to the High Court in London, Miss Mennell claims that the accident also caused her severe psychological problems, which included depression. Her legal team are also arguing that the incident has compromised her future job prospects due to her injuries. Phones 4U admitted liability for the accident through their insurers but the two sides are now locked in a legal battle to determine the amount of damages Miss Mennell should receive. Posted by Alison Spriggshttp://www.hayward-baker.com/personal-injury-news/article/phones-4u-employee-launches-personal-injury-claimThu, 26 Jan 2012 00:00:00 GMThttp://www.hayward-baker.com/personal-injury-news/article/hampshire-firm-fined-after-workers-deathAn accident at work which caused the death of an employee has led to a Hampshire manufacturer being fined GBP 65,000 and ordered to pay GBP 60,000 in costs. Adam Millichip, from Tenbury Wells, was delivering pallets of sheet steel to Wessex Lift Co Limited in Hampshire when the incident happened. Investigators at the Health and Safety Executive (HSE) revealed that Mr Millichip had parked the lorry at the side of the road, ready for the pallets to be offloaded by a forklift truck. The forklift driver, employed by Wessex Lift Co Ltd, struck Mr Millichip across the chest with a pallet weighing around a tonne, trapping him against the side of the lorry. He suffered major internal organ failure as a result of crush injuries across his chest and died shortly afterwards. HSE's investigation also found that inadequate controls were in place at the time of the incident to protect people from moving vehicles, and insufficient consideration had been given to the risks involved in offloading. Following sentencing, HSE inspector David Bibby said: "This tragic case highlights the importance of proper planning for deliveries, particularly around the risks of moving forklift trucks. Posted by Wayne Weirhttp://www.hayward-baker.com/personal-injury-news/article/hampshire-firm-fined-after-workers-deathWed, 25 Jan 2012 00:00:00 GMThttp://www.hayward-baker.com/personal-injury-news/article/engineering-contractor-fined-after-employee-suffers-accident-at-workAn engineering company has been fined GBP 12,500 and ordered to pay GBP 29,660 in costs after an employee suffered severe injuries when using an excavator. A maintenance fitter employed by Nottinghamshire firm Van Elle Ltd was driving the excavator during work on the M1 motorway in the Midlands between junction 25 and 28 when its boom hit a bridge. The worker was not wearing his seatbelt and was thrown over the steering column and through the open front screen, hitting his head on the front excavator blade. He suffered severe head injuries and was in a coma for two weeks following the incident and is still undergoing rehabilitation with a physiotherapist in order to regain full function in his left arm and leg. An investigation carried out by the Health and Safety Executive (HSE) found that the driver, who has asked not be named, had not received adequate training to use the excavator. The company had assessed his ability to carry out lifting operations, but on the day of the incident he was standing in for a fellow employee. Mansfield magistrates were told he was driving through the site with the excavator boom at an unsafe height, contrary to the manufacturer's guidelines, which state that the boom must not be more than four metres high while travelling. In this case, the machine was being driven with the boom elevated to more than six metres. The firm pleaded guilty to breaching Regulation 9(1) of the Provision and Use of Work Equipment Regulations 1998. After the hearing, HSE inspector Kevin Wilson said that the employee was lucky to escape the accident at work with his life. "These injuries were wholly preventable had the company ensured the driver had adequate training in safe travel positions for manoeuvring the excavator on the construction project. "Posted by Wayne Weirhttp://www.hayward-baker.com/personal-injury-news/article/engineering-contractor-fined-after-employee-suffers-accident-at-workTue, 24 Jan 2012 00:00:00 GMThttp://www.hayward-baker.com/personal-injury-news/article/motorcyclist-seeking-gbp-300k-in-personal-injury-claimA motorcyclist from Lincolnshire has launched a personal injury claim after he suffered severe injuries in a road accident in Peterborough. Melvyn Bottom was riding his motorcycle on the A605 when he was involved in a collision with a blue van driven by David Borrett. Mr Bottom suffered serious injuries to his head, back and wrist in the accident and is also claiming that the accident has left him with psychological damage as a result of his injuries. Both vehicles involved were significantly damaged in the collision and the road remained closed for half an hour, while the wreckage was cleared. Mr Borrett's insurers have accepted liability for the accident, as the van driver admitted pulling out of a side road into the path of the motorcyclist, however the parties are yet to agree on the amount of compensation. The High Court in London has so far heard expert evidence from an orthopaedic surgeon, a spinal surgeon, a clinical psychologist and a neurosurgeon, but due to the severity of Mr Bottom's injuries further medical evidence has still to be heard. Posted by Trevor Bakerhttp://www.hayward-baker.com/personal-injury-news/article/motorcyclist-seeking-gbp-300k-in-personal-injury-claimMon, 23 Jan 2012 00:00:00 GMThttp://www.hayward-baker.com/personal-injury-news/article/manufacturer-fined-gbp-7k-after-accident-at-workAn international manufacturer has been fined GBP 7,000 and ordered to pay GBP 2,742 after a worker suffered severe injuries in an accident at work. The Health and Safety Executive (HSE) prosecuted Sansetsu Ltd for breaching health and safety laws after Daniel Winters lost three fingers in a bubble wrap making machine. Milton Keynes Magistrates' Court heard that Mr Winters was cleaning debris from the machine when his right hand became caught on an in-running nip and was trapped between two powered rollers. The plastic material inside was at more than 200 degrees C and caused Mr Winters to lose the majority of three fingers, on his right hand. An investigation at the HSE found there was no guarding measure in place to prevent access to the dangerous parts of the machine while it was running. After the hearing, HSE inspector Karl Howes said: "Running nips are a common hazard in many industries and all machines should be guarded to prevent human contact with the dangerous parts. "Posted by Alison Spriggshttp://www.hayward-baker.com/personal-injury-news/article/manufacturer-fined-gbp-7k-after-accident-at-workMon, 23 Jan 2012 00:00:00 GMThttp://www.hayward-baker.com/personal-injury-news/article/flooring-firm-fined-after-accident-at-workA hardwood floor company has been fined GBP 6,000 and ordered to pay GBP 4,773 in costs after a worker's arm was punctured by a large piece of wood. Paul Murdoch was cutting walnut boards on a circular ripsaw at Weldon Contracts Ltd's workshop, Norwell, when a 90 centimetre section broke off and punctured his arm. A Health and Safety Executive (HSE) investigation found the machine had no guards at the time of the incident or a safety device at the back of the saw which pushes the two pieces of wood apart and prevents such incidents. Magistrates in Nottingham were told that the machine had been used a day before the incident for a different process known as deep cutting which had seen the guard and safety measure removed. Following the hearing, inspector Lorna Sherlock said: "Not only did the company fail in its duty to only use the machine for its intended purpose, it also failed in its duty to make sure it was fit for its correct purpose by re-attaching the guard and riving knife. "Posted by Wayne Weirhttp://www.hayward-baker.com/personal-injury-news/article/flooring-firm-fined-after-accident-at-workFri, 20 Jan 2012 00:00:00 GMThttp://www.hayward-baker.com/personal-injury-news/article/staffordshire-casting-company-fined-after-accident-at-workA Staffordshire-based aluminium casting firm has been fined GBP 6,000 and ordered to pay GBP 4,000 costs after pleading guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974. The company was investigated by the Health and Safety Executive (HSE) after an employee was burned by molten metal at its Worcester plant in an accident at work in July 2010. Worcester Magistrates' Court heard that Asim Qureshi, was operating a die cast machine at JVM Castings Ltd's premises when molten metal sprayed from the back of the machine. The 650 degrees C molten material burned through Mr Qureshi's clothing after landing on him, causing serious burns to his right arm, shoulder, leg and face. He was unable to work for two months and has been left with permanent scarring on his hand and leg. HSE investigators found that the rear of the machine had been unguarded and that the operators' overalls and eye protection were unsuitable for the amount of molten metal spray. The court heard there had been three previous incidents of molten aluminium blow backs at the Worcester plant, one of which caused serious injuries to another employee seven months before the incident involving Mr Qureshi. HSE inspector Tariq Khan said: "Despite three previous incidents, one of which caused serious injuries to another worker, JVM Castings failed to learn from them and did not follow the recommendations of its own investigation. "He explained that aluminium blow backs are unpredictable events, but they always pose a high risk to employees due to the wide area the molten metal can be thrown over. "The company's risk assessment had identified blow backs as a danger but did not include any measures to remove or reduce the risk," Mr Khan added. Posted by Verity Taylorhttp://www.hayward-baker.com/personal-injury-news/article/staffordshire-casting-company-fined-after-accident-at-workFri, 20 Jan 2012 00:00:00 GMThttp://www.hayward-baker.com/personal-injury-news/article/cyclist-receives-gbp-4m-compensationA former tennis coach has been awarded GBP four million after he was knocked off his bike by a hit and run driver. Fifty five year old Patrice Gougam, from High Barnet, in Hertfordshire, was cycling between Barnet and Potters Bar when he was struck by a Land Rover. Michael Elliott, the driver of the car, initially fled the scene of the accident, which left Mr Gougham with severe brain injuries. He was in a coma for three weeks following the incident and then spent six months at Bloomsbury's National Hospital for Neurosurgery and Neurology. The former tennis coach now requires twenty four hour care, is wheelchair bound and has to be fed through a tube. Mr Elliott, who was suffering from glaucoma and cataracts at the time of the incident, admitted a charge of dangerous driving and was sentenced to eight months imprisonment. Speaking after the High Court hearing, Mr Gougam's wife Virginia said the couple could now move forward, safe in the knowledge that Patrice will receive a high quality of care for the rest of his life. Posted by Wayne Weirhttp://www.hayward-baker.com/personal-injury-news/article/cyclist-receives-gbp-4m-compensationThu, 19 Jan 2012 00:00:00 GMThttp://www.hayward-baker.com/personal-injury-news/article/bradford-man-facing-long-compensation-battle-over-toxic-sofaA Bradford man has been told he could be facing a long battle to win personal injury compensation after he suffered severe burns from his sofa. According to the Bradford Telegraph, Stefan Wasylkiw, suffered severe chemical burns to his face and arm from a leather sofa he bought from Brigella Mills Carpets and Beds. He explained that he had been happy with the products for nine months, but that one morning he felt immense pain. "I had just had breakfast and I was sat on the sofa watching the news and the next thing I was jumping about, screaming and crying. "I didn't know what was happening and then I saw a purple film coming down over my left eye," he told the newspaper. Mr Wasylkiw was taken to a burns specialist who told him she had never seen burns like it in her 12 years as a doctor. According to Mr Wasylkiw, the doctor then explained a number of sofas made in China contained sachets of dimethyl fumarate, used to kill bugs during transportation, which if they burst can cause chemical burns. Mr Wasylkiw has been told that his arm could take another ten years to completely heal from the chemical burns he suffered. Solicitors are now investigating where the sofas were manufactured, how they were imported into the UK and whether he could join a Group Litigation. A Brigella Mills spokesman said Mr Wasylkiw had been offered a credit note for the value of the sofas, or would be offered the money back if his claim against the manufacturer was successful or the sofa was proven to be the cause of the burns. Last year, a number of high street chains agreed to pay up to GBP 20 million to 2,000 people who received chemical burns from sofas in similar circumstances. Posted by Trevor Bakerhttp://www.hayward-baker.com/personal-injury-news/article/bradford-man-facing-long-compensation-battle-over-toxic-sofaThu, 19 Jan 2012 00:00:00 GMThttp://www.hayward-baker.com/personal-injury-news/article/plastic-firm-fined-after-worker-loses-finger A plastic manufacturer that provides cases for computer games has been fined GBP 7,000 after an employee severed his finger in an accident at work. The worker was trying to fix a machine at a DuBois factory in Corby when the middle finger on his left hand became trapped in the rotating dial used to add colour to the plastic. His finger was unable to be saved and had to be amputated above the knuckle, an operation which required the employee to stay off work for several weeks and attend physiotherapy sessions for ten months. An investigation by the Health and Safety Executive (HSE) found that the machine's guard had been removed. DuBois Ltd, trading as AGI Amaray, pleaded guilty to breaching Regulation 11 (1) of the Provision and Use of Work Equipment Regulations 1998 and was fined GBP 7,000 by Corby Magistrates' Court. Following the hearing, HSE inspector Sally Harris, said: "The guarding was regularly removed to allow staff to calibrate the machine but it had not been put back. This meant the company did not prevent access to dangerous rotating parts and as a result a man suffered an entirely foreseeable, preventable and painful injury. "Posted by Alison Spriggshttp://www.hayward-baker.com/personal-injury-news/article/plastic-firm-fined-after-worker-loses-fingerWed, 18 Jan 2012 00:00:00 GMThttp://www.hayward-baker.com/personal-injury-news/article/construction-firm-fined-after-risking-an-accident-at-workA construction firm that risked the safety of its employees during the refurbishment of its offices in Hatfield has been fined GBP 54,000. Health and Safety Executive (HSE) inspectors visited the premises of Haz International after receiving complaints about unsafe working at height. In 2009, inspectors served a Prohibition Notice on the company preventing further work until improvements to the scaffolding had been made and a further two prohibition notices were served in 2010. Watford Magistrates' Court heard that the firm and its company secretary had failed to put adequate measures in place to manage health and safety. HSE inspector John Berezansky said: "Construction, in particular working at height, is a high risk activity with significant numbers of major and fatal injuries. "Figures from the HSE show that 38 workers were killed as a result of falls from height in Great Britain last year. Posted by Trevor Bakerhttp://www.hayward-baker.com/personal-injury-news/article/construction-firm-fined-after-risking-an-accident-at-workTue, 17 Jan 2012 00:00:00 GMT