Feedback 2005
Set out below is a small selection of some of the feedback received during 2005.
Neil Williams was asked by his employers to clean out the guttering on a roof of a factory.
The guttering ran down the middle of the roof. Separate roof sections sloped up on either side of him, forming a "valley", with the guttering forming a central channel.
The roof contained moss and was slippery. Furthermore it had recently been raining.
While clearing out the guttering, Neil slipped and stumbled against one of the roof sections to his side. This gave way beneath him.
Neil fell through the roof, and onto the factory floor beneath him. He narrowly missed falling onto a machine. As a result he suffered multiple injuries.
A claim was made against the employers. The Health and Safety Executive also brought a successful prosecution.
The compensation claim was noteworthy for the unusual degree of co-operation between all parties, resulting in a very satisfactory settlement being achieved.
To read Mr Williams' feedback, please click here
Sheila Gilbert operated a diamond polishing machine in Birmingham.
Over the months and years, she developed pain in her hands. She felt that this was caused by her working conditions.
Accordingly we advanced a repetitive strain injury case against the employers, on the grounds that the system of working was unsafe.
The opposing insurers admitted primary liability, but they put the claimant to struct proof as to whether their breach of duty had actually caused the injury.
A medical report was obtained from a specialist hand surgeon. Unfortunately, he concluded that the medical condition was the result of matters unrelated. Undeterred, Mrs Gilbert gave instructions for a second report to be obtained from an alternative surgeon. This time the medical expert concluded that the machine was to blame.
Medical evidence and a calculation of financial losses were served on the opposing insurers. After that an out of court settlement was successfully negotiated.
To read Mrs Gilbert's feedback, please click here
Leslie Westwood worked at the Dicks Eagle asbestos factory in London during the 1960s.
His work brought him into contact with asbestos dust on a daily basis. No warnings about the dangers of asbestos were provided. No protective equipment of any kind was available to the workers at the factory.
Many years after finishing work at the factory, Mr Westwood started to experience unusual chest symptoms. Medical investigations revealed that he had developed pleural plaques.
The company in question was well known to solicitors specialising in asbestos-related compensation claims. One very large law firm in London was kind enough to provide from their database the full details of the employers' liability insurers who continue to deal with such claims against the company.
A letter of claim was sent to the insurers, who promptly indicated a willingness to settle.
A medical report was obtained, leading to constructive settlement negotiations. The personal injury claim was brought to a successful conclusion without court proceedings needing to be issued.
To read Mr Westwood's feedback, please click here
Colin Phillips was undertaking works on the roof of a tall building, that was being converted into flats.
Working with him that day was his brother. To protect somebody working at height, appropriate safety equipment should have been provided, such as safety harnesses, inertia reels and so on. No such equipment was available.
While undertaking the required works, Mr Phillips slipped and found himself sliding towards the edge of the roof. His brother grabbed him just in time to prevent him from falling to the ground.
In the process Mr Phillips suffered a broken hip and also a psychiatric injury.
A claim was started, and the matter was referred to the relevant insurers. Following constructive negotiations, appropriate compensation was obtained for his injuries and financial losses.
To read Mr Phillips' feedback, please click here
Boris Kremer, UK personal injury lawyer
