Latest News Articles from Balindaandco.com

Accident - prone man faces eight fraud charges over slip and trip compensation claims

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Nathan Williams, 38, of Dean Street, Soho who claimed slip and trip injury compensation from eight London local authorities-including Hackney, Tower Hamlets, Westminster, Wandsworth, Southwark and Lewisham after apparently suffering injuries following falls on pavements is facing fraud charges.

He has been charged with attempting to obtain money by deception from eight local councils and is due to appear before City of Westminster magistrates’ court on 1st September 2010.

Between 2007 and 2008, he claimed to have suffered a broken hip and ankle, knee foot, and bruised testicles.

His first compensation claim followed a fall on a broken pavement in Boleyn road, Hackney in November 2007. The second slip and trip compensation claim followed nine months later when he complained of an injury to his hand and foot.

The Coalition Government is said to target No Win No fee claims management companies’ deals as Ministers claim that many of such claims are fuelled by “No Win No Fee” lawyers, a Local Government Association spokesman said.

21 People injured in a train crash at Little Conard, Suffolk

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The 17:31 National Express train from Sudbury to Marks Tey thought to be travelling at 60 mph collided with a sewage lorry at an unmanned level crossing on Bures Road on Tuesday evening.

A passenger on the train is in a critical condition in hospital and twenty others were also injured in the crash. Their injuries included abdominal pain, broken ribs and heavy bruising.

The two passengers who were seriously injured were trapped. They were taken to Colchester General hospital by air ambulance.

British Transport Police have arrested the 38 year old lorry driver on suspicion of dangerous driving and other rail safety offences.

Deputy Chief Constable Paul Crowther said Police Officers are currently searching the scene of the train crash to move the wreckage.

RMT Union leader Bob Crow commented: “Level crossings are a 19th century solution. It is high time for a commitment to separate rail and road traffic.”

Employment Law Solicitors Website Launched

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Solicitors Balinda & Co has recently launched a new website dedicated to help and advice on Employment Law.

The site www.balindaandcoemploymentsolicitors.co.uk explains the support available for individuals who have suffered:

Unfair dismissal
Discimination at work
Sexual, racial and other forms of harassment
Fears about health and safety at work
Redundancy which didn't follow the correct procedures

The team of specialist Employment Lawyers who provide legal advice and support from Balinda and Co's London offices, have also prepared a Special Report explaining How to Make a Claim Against and Employer. The report is free to download from the website.

Visit the new website at www.balindaandcoemploymentsolicitors.co.uk.

Clinical Negligence: Doctor Motwani denies risking the lives of 24 heart patients

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The case against Dr Motwani, one of Britain's leading heart specialists, who is facing allegations of misconduct, was halted after an expert witness pulled out.

The allegations against Dr Motwani include acting in a manner "not clinically appropriate" for some heart patients, and, in some cases, acting in an unethical way, risking their cardiac conditions. Dr Joe Motwani denied 30 allegations relating to the treatment of 24 patients between 2003 and 2007.

After 90 minutes being questioned at the General Medical Council (GMC) hearing in London, Dr John Swan, the expert witness left the hearing room. He had been giving evidence at the hearing for five days and had produced reports into as many as 18 patients in the case before he walked out. He left a note claiming his opinions were "questionable".

Dr Swan originally claimed Dr Motwani's use of experimental surgery was inappropriate. He had also criticized Dr Motwani's "poor judgment" in performing medical procedures. However, after he ruled himself out as an expert, the GMC was unable to rely on his evidence.

Dr Motwani, who has worked at Derriford Hospital in Plymouth since 1999, became well known as a pioneer of surgery to clear blocked coronary arteries by inserting a wire in a patient's wrist. He is now being accused of putting "personal ambition" above patient safety at Derriford Hospital, Plymouth.

The GMC heard how Dr Motwani performed inappropriate surgery on patients so he could brag about his success score. It also heard how a patient died during a second operation to unblock his arteries "which he should not even have been undergoing", it is said.

Andrew Hurst, for the GMC, admitted Dr Swan's opinions were now invalid after it was revealed he was lacking in experience to call himself an expert.

The Hearing continues.

Claims Management Companies driving people to make claims

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A report by the motor insurance working party, due to be published later this year will highlight a rise in third party car accident injury claims.

Mr. Brown, the Chair of the working party stated: “What is clear, is that the growing number of claims management companies are at the heart of it [an increase in injury claims].

Mr. Brown added: “The working party has only done limited research on why there has been such an increase. Claims Management companies are driving people to claim who would not have considered claiming before – not just leading to more claims but to more expensive claims (with more than one claimant on each claim). Claims management companies are also involving lawyers before a claim is made. When legal costs are a major component of bodily injury costs, this is a significant driver of inflation.”

However, much of the information to be relied on in the report is still being analyzed.

The working party said it has already identified that while settlement rates for third party injury claims across the industry are speeding up, personal injury settlement amounts are increasing.

The chair of the working party, said the number of accidents involving personal injury has been growing consistently since 2007 at about 9% per year. He expressed concern about the average costs of third party injury claims. Mr Brown said the average claims costs have always increased year on year. He said that the industry is settling larger claims slightly faster and this may be driving some of the headline increase. With both numbers and average costs up, he said the cost of settling injury claims is now growing by 30% each year.

Company fined £10,000 after delivery man’s leg was amputated in a road work accident

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Somerset firm John Wainwright & Co has been fined £10,000 following a worker’s catastrophic foot injury that resulted in his lower leg being amputated.

Taunton Magistrates Court heard that Alan Seviour, who worked for the company as a delivery driver, was carrying out some relief road work on the day of the incident. As he cleared material from the front of the surface paving machine, his foot became trapped and crushed between a speed bump and a bar at the front of the machine.

The damage to Mr Seviour’s right foot was so severe that he had to have his lower leg amputated.
John Wainwright & Co Ltd of Moons Hill Quarry, Mendip Road, Stoke St Michael, Radstock, pleaded guilty to breaching Health and Safety at Work laws. The construction firm was fined and ordered to pay £8,015 in costs.

HSE inspector, Annette Walker said:

"Although the surface paver is a slow-moving machine, it is not safe for anyone to work in front of it while it is in motion as it can be noisy, making communication difficult.

"Mr Seviour suffered life-changing injuries because the machine was in motion and the driver had limited forward visibility because of the way the machine was designed. In fact the driver did not know Mr Seviour was trapped until he was told to reverse off him.

"Mr Seviour has been able to return to work now that the company has provided him with a suitable vehicle. However, it all could have been avoided if John Wainwright & Co had put the right systems in place to ensure the safety of all people working with or near this machine."

Worker suffers serious injuries in an accident after falling through a barn roof

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Adrian Evens, Andrew Oliver and John Long have been fined a total of £5,000 after Mr David Pass suffered serious injuries in an accident when he fell eight meters through a barn roof in Greater Manchester.

The Health and Safety Executive (HSE) prosecuted the three men following the accident on Fairy Lane in Sale on 20 June 2007.

Mr Pass, 28 from Droylsden, was standing on the roof of a former stable while removing corrugated panels, when he accidentally fell eight meters to the ground. He suffered serious injuries to his head and back, was in a coma for several days and was made partially blind in one eye.

An HSE investigation revealed how Mr Pass had not been provided with scaffolding or protection, but was expected to balance on the steel frame of the building while removing roof panels.

Trafford Magistrates' Court heard that Mr John Long, 62, who was the owner of the barn, had hired Andrew Oliver, 43, to carry out the work. Mr Oliver subcontracted the work to Adrian Evens, 35.

HSE Construction Inspector Ian Betley said:

"David could easily have been killed when he fell through a fragile roof panel. Workers at the site were expected to balance dangerously on the steel structure, while they knocked through bolts on fragile sheets. Clearly this was very dangerous.

"This case should act as a warning to construction companies about the dangers their employees and contractors face when they carry out work at height. Otherwise workers will continue to be injured or even killed [in accidents of this type]."

After pleading guilty for failing to ensure the safety of their employees, Mr Evens and Mr Oliver were both fined £2,000 and ordered to pay £2,000 each towards the cost of the prosecution. Mr Long, of Fairy Lane in Sale, was fined £1,000 with costs of £1,500.

Ian Betley added:

"All three men failed to plan the work safely in advance. Scaffolding, or a mobile work platform such as a scissor lift, should have been used to remove the corrugated sheets from underneath. There was no need to climb onto the roof."

Company fined after employee injured at work by unguarded machine

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Encon Engineering (Wales) Ltd of Caerphilly has been fined after pleading guilty to health and safety failures following a work accident.

Machinist Rhys Davies, aged 25, a worker at the Bartlett Street Industrial Estate based company, suffered serious injuries after his fingers were severed in an unguarded machine.

Econ Engineering, were prosecuted by the Health and Safety Executive (HSE) after the incident in which Mr Davies, lost four fingers and the top of his thumb in the work place accident.

Although the 25 year old from Cardiff, had three fingers reattached by surgeons, he is still receiving treatment for the injuries he sustained at work.

At Caerphilly Magistrates' Court, the company pleaded guilty after it was revealed to have not met its duty in ensuring that the machines used by its staff were fitted with adequate guarding. The company was fined £8,000 with £2,000 costs.

HSE inspector Steve Curry said:

"Mr Davies' injuries were horrific and unnecessary - the incident could have easily been prevented had the machine been properly guarded.

Employers have a legal duty to ensure that when employees are working with machinery, adequate guarding is provided to prevent workers being injured.

The use of powerful engineering machinery was a day to day activity of this company, so it is inexcusable that an injury like this has been allowed to happen."

Slide electric gate accidents responsible for death of two children

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Following the tragic death of Karolina Maria Golabek aged 5 who died after being crushed by an automatic electric sliding gate in South Wales, a Health and Safety Executive (HSE) spokesperson has said: "HSE has been assisting the police in South Wales following the death of a child in an accident involving a slide electric gate in Bridgend on Saturday. Inspectors have already been on site to start an investigation and will meet again today with South Wales police. It is too early to comment on what happened at this stage”.

The five-year-old girl, who was playing at the entrance to a small car park at Brook Court, Bridgend, died in an accident when she was trapped by an electric sliding gate outside an apartment block.

In a separate accident, also involving the tragic death of another little girl, the HSE spokesperson said, "HSE is also assisting police in Greater Manchester (GMP) following the death of Semelia Campbell aged 6, in Moss Side last week.”

The six year old girl was playing with a friend near her home on Carnival Place, Moss Side, Manchester, when the electric sliding gate closed on her. Semelia Campbell was taken to Manchester Royal Infirmary where she later died from her injuries.

"In Manchester, HSE and GMP have required that developments in the vicinity of the Maine Road estate, which have electric sliding gates similar to those being investigated following the death of Semelia Campbell, are locked in an open position until inspectors can fully examine them and ensure there is no ongoing risk.

"HSE issued a safety alert to electric sliding gate manufacturers and installers in February this year, reminding them of their safety responsibilities when designing, constructing and installing electrically powered gates, to minimise the risk of accidents happening.

"Should anyone have any concerns about electric sliding gates on their development, they should speak to their management company or their installer, who have a duty to ensure the gates will stop safely should they be obstructed (also known as force limitation protection). They must ensure that the force limitation protection and other anti-crushing, shearing and trapping safety protection devices are correctly set and maintained."

Contractor dies after falling through a roof at Comet Group Plc

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A Contractor from Brynteg, near Wrexham, was working on the roof of Comet’s Mount Street store when he stepped on a roof light and fell around 25 feet onto the store floor.

Mr Alker, 33, was not wearing any equipment which could have prevented his fall. He suffered multiple injuries including rib fractures, a broken collar bone and soft tissue injuries which led to his death.

Following the incident on 7 June 2007, Comet Group plc was prosecuted by the Health and Safety Executive (HSE).

Comet pleaded guilty to a charge under Health and Safety Laws and was fined £75,000 and also ordered to pay £24,446 in costs following the death of the contractor.

Following the hearing, HSE inspector Debbie John said:

"Comet failed to ensure that its contractor had taken steps to prevent falls through the fragile roof lights, ultimately leading to the death of a worker.

This incident could have been avoided if the roof lights at the Wrexham store had been protected and Mr Alker had been provided with appropriate safety equipment.

“The law is clear: companies must ensure contractors are competent to do the work they are hired to do, and they need to understand their responsibilities.

"A safe system of work must be agreed and the company should monitor contractors to make sure they undertake work safely as agreed. My thoughts are with the family at this difficult time."

Alker’s employer, Steven Christopher Smith, director of Wrexham Roof Services from Rhostyllen, Wrexham, was jailed for two and a half years in November 2007 in relation to this incident. He pleaded guilty to manslaughter, a charge under the Health and Safety at Work etc Act 1974 and a further charge of committing acts with the intent to pervert the course of justice.