Case Studies
THE GMB’s LEGAL SCHEME – FIGHTING FOR THE RIGHTS OF PEOPLE IN YORKSHIRE & NORTH DERBYSHIRE
Whittles Solicitors joined with Thompsons Solicitors as of 1 May 2008 to become a united practice. The combined law firm is called Thompsons, and will further strengthen and enhance the high quality legal services Whittles had previously been providing to members in the region for many years.
The combined firm is proud to continue to provide legal assistance to local members and their families through the GMB’s legal scheme. In 2007, Whittles was able to recover just under £4M in compensation for victims of accidents and industrial disease.
The recent case studies below are examples of how members, who have had accidents or suffered with the symptoms of an industrial disease, have benefited from the legal protection available to them as a benefit of their membership:
a member employed as a process worker by a confectionery manufacturer in North Yorkshire slipped down some steps next to a piece of plant and fell almost 6ft down steps which were known to be regularly greasy. Anti-slip mats had been placed on the steps but were very worn; these were replaced with new ones the day after the accident. The member sustained neurological injuries, and was eventually deemed unfit to work. No suitable light duties were available and the Regional Solicitors lodged a claim for compensation for his injuries, and loss of future earnings. The company admitted full liability and the member received a six figure sum in compensation;
a gardener employed by a local authority in South Yorkshire went over on his ankle on an unidentified drainage grate, spraining his ankle and tearing ligaments. After the accident, the grate area was marked with paint to avoid any future accidents. A legal claim was lodged and proceeded towards trial with the Council continuing to state the grate had since been marked as an additional precaution over and above the requirement to clearly mark any hazard, and to allege that the member was at fault. As the Council refused to admit liability, the member’s claim went to trial where a Judge ruled completely in his favour, stating that there was no contributory negligence and awarding the member £3,250 in compensation
a member from Leeds employed as a Security Manager at a car park fell over a pothole which had been left unfilled by the site owners for over 12 months, rupturing his Achilles tendon. As the site owners admitted full liability for the accident, compensation was sought for the member’s injuries and loss of earnings. Compensation of just under £15,000 was awarded;
treatment of a ganglion on a member’s hand should have been a straightforward matter, but unfortunately problems with the treatment led to the amputation of her index finger and a portion of her thumb. Legal proceedings for a clinical negligence claim were issued against the local NHS Trust – the Trust’s initial offer of £40,000 compensation to settle the claim was rejected, and a revised offer of £70,000 was eventually accepted;
a minor who was a passenger in a car involved in a traffic accident was awarded £2,000 compensation for injuries including headaches, dizziness and whiplash;
a warehouse worker from Chesterfield fell as she was unloading tubs of paint from a pallet – her foot caught in the plastic shrink wrapping, which had been covering the pallet and which had not been cleared away in line with the company’s housekeeping procedures. The member fell on her wrist, badly breaking it and sustaining other injuries. Liability was admitted by the employer, and the Regional Solicitors negotiated compensation of over £6,200 for the member;
As well as legal cover for accidents and industrial diseases, Thompsons can assist members with discounted rates for conveyancing and probate matters, as well as the preparation of a will free of charge and free initial consultations on any legal matter. We work closely with the GMB’s own regional legal team, which provides advice and representation on employment related queries and claims.
