Category: industrial injuries

‘The tragic cost of under-investment’: asbestos blamed for 150 deaths of school and hospital workers in England – The Guardian

Posted April 17th, 2023 in asbestos, cancer, employment, health & safety, hospitals, industrial injuries, news, teachers by tracey

‘Fresh concerns have been raised about the amount of asbestos remaining in dilapidated schools and hospitals, after new analysis found that almost 150 health and education workers were recorded as dying from cancer related to the material in recent years. According to official data, there have been 147 deaths among health and education workers since 2017. Experts believe the figure is likely to be a significant underestimate because of the way someone’s profession is recorded on death certificates.’

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The Guardian, 16th April 2023

Source: www.theguardian.com

Barry v Ministry of Defence [2023] EWHC 49 (KB) – 3PB

Posted April 12th, 2023 in armed forces, chambers articles, damages, disabled persons, employment, government departments, industrial injuries, news, noise by sally

‘On 3 March 2023, Johnson J handed down judgment in relation to former marine Mr Barry’s claim that the Ministry of Defence (MoD) caused his noise-induced hearing loss. It is the first time judicial guidance has been expressly given on the reduction factors (other than mortality) since the revised guidance in the 8th edition of the Ogden tables were published in July 2020.’

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3PB, March 2023

Source: www.3pb.co.uk

Negligence and sports injuries: common threads – 12 King’s Bench Walk

Posted April 12th, 2023 in chambers articles, damages, duty of care, industrial injuries, negligence, news, personal injuries, sport by sally

‘Czernuska is the latest of a series of judgments determining whether injuries sustained during competitive sporting fixtures were caused by negligence. This blog considers the general principles and themes on liability that emerge from this kind of litigation by looking at Czernuska v King [2023] EWHC 380 (KB), Fulham Football Club v Jones [2022] EWHC 1108 (QB) and Tylicki v Gibbons [2021] EWHC 3470 (QB).’

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12 King's Bench Walk, 23rd March 2023

Source: www.12kbw.co.uk

The Thirteen Axioms of Fact-finding – Ropewalk Chambers

Posted April 5th, 2023 in asbestos, cancer, chambers articles, compensation, damages, families, industrial injuries, news, standard of proof by sally

‘Briggs v Drylined Homes Ltd [2023] EWHC 382 (KB) (judgment here) concerned a claim by the widow of Mr Brian Briggs, who died in 2017 after contracting mesothelioma. The Claimant brought a claim against one of her husband’s former employers, Drylined Homes Ltd (“DHL”). DHL had engaged Mr Briggs between approximately 1975 and 1979 to carry out “drylining”, namely putting up plasterboards during house construction.’

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Ropewalk Chambers, 1st March 2023

Source: ropewalk.co.uk

Two-thirds of UK workers with long Covid have faced unfair treatment, says report – The Guardian

Posted March 27th, 2023 in coronavirus, disability discrimination, disabled persons, employment, equality, industrial injuries, news, statistics by tracey

‘UK ministers should act to ensure long Covid sufferers receive the support they need from employers, with as many as two-thirds claiming they have been unfairly treated at work, a report argues.’

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The Guardian, 27th March 2023

Source: www.theguardian.com

Drax: Legal action against power station owners dropped – BBC News

Posted February 24th, 2023 in causation, employment, health & safety, industrial injuries, news, prosecutions by sally

‘A prosecution against the owners of the UK’s largest power station has been dropped by the Health and Safety Executive (HSE), it has been announced.’

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BBC News, 23rd February 2023

Source: www.bbc.co.uk

Former Royal Marine seeks £1.5m in damages over hearing loss – BBC News

Posted January 20th, 2023 in armed forces, compensation, damages, employment, health & safety, industrial injuries, negligence, news, noise, personal injuries by tracey

‘A former Royal Marine is seeking more than £1m in damages from the government over “noise-induced hearing loss”.’

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BBC News, 19th January 2023

Source: www.bbc.co.uk

British Airways fined for Rhoose engineer’s brain injury – BBC News

Posted January 13th, 2023 in accidents, airlines, employment, fines, health & safety, industrial injuries, news, personal injuries by tracey

‘The company that maintains British Airways’ planes has been fined £230,000 after an employee suffered a brain injury near Cardiff Airport.’

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BBC News, 12th January 2023

Source: www.bbc.co.uk

A Claimant’s Right To Apply for Further Damages Under a PDO Passes, on Death, to Their Estate and May Be Advanced by the Executor – Ropewalk Chambers

Posted August 17th, 2022 in asbestos, chambers articles, damages, employment, executors, industrial injuries, news, personal injuries by sally

‘On Friday 22 July 2022, Johnson J handed down judgment in Power v Bernard Hastie & Company Ltd & others [2022] EWHC 1927 (QB) in respect of an application for an order for substitution made by the executor of the deceased’s estate. The judgment provides High Court authority for the proposition that a claimant’s right to seek further damages under a PDO passes, on their death, to their estate, a finding previously made by HHJ Roberts in his judgment in Guilfoyle v North Middlesex University Hospitals NHS Trust (County Court at Central London, 4 April 2018).’

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Ropewalk Chambers, 1st August 2022

Source: www.ropewalk.co.uk

Government urged to classify Covid as an occupational disease – The Guardian

Posted August 15th, 2022 in benefits, coronavirus, employment, government departments, industrial injuries, news, trade unions by tracey

‘Ministers should urgently classify Covid-19 as an occupational disease to prompt employers to reduce the risk of exposure and help workers access key benefits, the TUC has said.’

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The Guardian, 15th August 2022

Source: www.theguardian.com

Essex concrete mixer death: Father mounts High Court challenge – BBC News

Posted February 4th, 2022 in accidents, compensation, employment, health & safety, industrial injuries, inquests, negligence, news, police, unlawful killing by sally

‘The father of a man found dead in a concrete mixer has claimed he may have been “deliberately killed”, the High Court heard.’

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BBC News, 4th February 2022

Source: www.bbc.co.uk

Families win BBC payouts over 11 asbestos cancer deaths – The Guardian

Posted January 31st, 2022 in asbestos, BBC, bereavement, cancer, compensation, damages, employment, families, industrial injuries, news by tracey

‘The BBC has paid £1.64m in damages over the deaths of 11 former staff who died from cancer after working in corporation buildings riddled with asbestos, the Observer can reveal.’

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The Guardian, 30th January 2022

Source: www.theguardian.com

Ex-Fat Duck pastry chef sues for £200k over RSI claims – The Guardian

Posted December 14th, 2021 in industrial injuries, news, personal injuries by tracey

‘A former pastry chef at Heston Blumenthal’s Fat Duck restaurant has claimed she was left with crippling repetitive strain injury from placing sweets into bags using tweezers and hand-making chocolate playing cards and about 550 whisky wine gums a day, court documents show.’

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The Guardian, 13th December 2021

Source: www.theguardian.com

BBC presenter hurt while playing role of ‘crash test dummy’ awarded £1.6m damages – The Independent

Posted October 4th, 2021 in accidents, BBC, damages, health & safety, industrial injuries, news, personal injuries, psychiatric damage by tracey

‘A television presenter has been awarded £1.6m in damages after he suffered brain and spine injuries while acting as a “crash test dummy” in a science programme. Jeremy Stansfield won a High Court battle with the BBC on Friday, with Dame Justice Amanda Yip ruling that the injuries he received in 2013 had derailed his “successful career in television” and restricted his enjoyment of life.’

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The Independent, 2nd October 2021

Source: www.independent.co.uk

BBC sued for set builder’s death in claim over asbestos – The Guardian

Posted September 20th, 2021 in asbestos, BBC, bereavement, cancer, damages, families, health & safety, industrial injuries, news by tracey

‘The BBC is being sued over the death of a set builder who contracted asbestos-related cancer while working on high-profile dramas including Doctor Who. Richard Evans’s widow, Valerie, is seeking damages from the corporation after it admitted in the high court that it had exposed him to asbestos during his 23 years making and painting sets.’

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The Guardian, 19th September 2021

Source: www.theguardian.com

Top judges doubt whether costs budgeting works, master reveals – Law Society’s Gazette

Posted July 1st, 2021 in asbestos, budgets, costs, industrial injuries, news by sally

‘A number of judges are sceptical about the wider merits of costs budgeting, a costs judge has claimed in a new judgment.’

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Law Society's Gazette, 29th June 2021

Source: www.lawgazette.co.uk

“Lost years claims”: a rare re-opening following determination on damages – 3PB

Posted April 14th, 2021 in appeals, asbestos, cancer, chambers articles, damages, employment, industrial injuries, news by sally

‘This was a Court of Appeal decision following a hearing in December 2020. The parties to the Claim were the estate of the late Appellant, Michael Head and his former employer the Culver Heating Company Limited as Respondent.’

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3PB, 2nd March 2021

Source: www.3pb.co.uk

Latest Instalment in Insurers’ Challenge to CRU Provisions – Ropewalk Chambers

Posted January 22nd, 2021 in asbestos, chambers articles, compensation, damages, employment, industrial injuries, insurance, news by sally

‘In R (on the application of (1) Aviva Insurance Ltd (2) Swiss Reinsurance Company Ltd) v The Secretary of State for Work and Pensions [2021] EWHC 30 (Admin), Henshaw J dealt with certain consequential matters arising from his earlier judgment dated 20 November 2020 which arose from the Claimants’ challenge to the onerous consequences of the Compensation Recovery Unit scheme, particularly in cases involving long-tail asbestos-related diseases.’

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Ropewalk Chambers, 18th January 2021

Source: www.ropewalk.co.uk

Social landlord fined £80k after employees suffer Hand Arm Vibration Syndrome – Local Government Lawyer

Posted December 21st, 2020 in employment, fines, health & safety, housing, industrial injuries, local government, news by sally

‘A housing association was earlier this month fined £80,00 after four employees developed a debilitating nerve condition over a period of several years.’

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Local Government Lawyer, 21st December 2020

Source: www.localgovernmentlawyer.co.uk

Birmingham wall collapse deaths: Recycling firms to be charged – BBC News

Posted December 2nd, 2020 in accidents, corporate manslaughter, employment, health & safety, industrial injuries, inquests, news by tracey

‘Two recycling companies and two people linked to them are to be charged over the deaths of five African men who died when a concrete wall fell on them.’

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BBC News, 1st December 2020

Source: www.bbc.co.uk