Shop Assistant Work Injury
If you work in a shop,and have sustained an avoidable injury due to a lack of care by the company or employer you work for, you may be entitled to claim for shop assistant work injury compensation. All employers have a duty of care to provide their staff with a safe environment in which to work and should also perform a risk assessment to ensure that you are capable of doing the job you are allocated. If, by their negligence, you suffer an injury which should never have happened, speak with a solicitor on our Supermarket Claims Service about making a shop assistant work injury claim for compensation. Our solicitors will advise you whether or not you have a claim for a shop assistant work injury which is worth your while to pursue and also inform you about your rights at work to make work injury claims as a shop assistant without risk of repercussions in the workplace.
The Equality Tribunal has released details of seventeen decisions that they adjudicated on recently, including the case of a female mortgage consultant who was allegedly sacked because she was pregnant.
Claire Keenan filed a claim for unfair dismissal against her former employer Stephen Kehoe trading as Mortgage Cabin after she had informed him that she was pregnant and due to go on maternity leave in July 2008. Ms Keenan claimed that Mr Kehoe had requested her to take a shorter break because of the workload and also to work from home while on leave.
Ms Keenan alleged at the Tribunal hearing that Mr Kehoe had subsequently told her that there was not enough work, and offered her a redundancy cheque provided that she signed a disclaimer releasing him from any further claims arising from the ending of her employment. Ms Keenan refused to sign the release and was promptly sacked from the role.
Mr Kehoe did not attend the Tribunal hearing but stated in a written submission that he had not requested Ms Keenan to take a shorter maternity leave nor work from home as he had employed somebody to provide cover in her absence. The Equality Tribunal ruled in favour of Ms Keenan and, based on her previous 12 months remuneration, made an award of 95,000 Euros.
In a move that will benefit many former workers in small shops that have since gone out of business, The Minister for Welfare, Lord Freud, has announced that a 300 million pounds compensation fund is to be created to provide compensation for mesothelioma victims unable to trace their previous employer or their previous employer´s insurers.
Small shops are one of the most common workplace environments for exposure to asbestos particles, the substance that causes mesothelioma – an incurable lung cancer. Punk legend and former Sex Pistols manager Malcolm McLarend died of mesothelioma because, it is speculated, the ceiling of his former King’s Road, London, clothes store contained asbestos.
The new compensation scheme will be funded by the insurance industry and is expected to benefit approximately 3,000 victims of the occupational disease over the next ten years. Victims will be entitled to claim compensation for diffuse mesothelioma cancer when it can be proven that they have been unable to trace the liable party or their insurers. Workers in large supermarket chains such as Tesco or Asda will not be able to avail of the scheme because they worked in businesses that are still operational.
A 79-year old woman, who fractured her shoulder in three places after a fall on the travelator at the Dunnes Store in Dublin, has been awarded 30,000 Euros travelator fall injury compensation.
Rosaleen Hill had been at the store on 23rd March 2009 and was returning to the underground car park on a moving travelator, when the trolley she was using began to run away from her control. Trying to keep her control of the trolley, Rosaleen fell and was dragged along the floor of the travelator – breaking her right shoulder and severely lacerating her knee.
After receiving treatment for her injuries, Rosaleen file a compensation claim for travelator fall injury against Dunnes Stores, Gary Smith, trading as The Ashleaf Shopping Centre and Kessow Limited which runs the centre, claiming that the three defendants were negligent in providing a shopping trolley which was not safe to use.
However, at the Circuit Civil Court in Dublin, Judge Jacqueline Linnane threw out the case against Dunnes after a forensic engineer testified that the shopping trolleys used by Dunnes were fitted with corrugated rubber wheels that locked into the groves on the travelator, controlling the travel speed. The judge heard that the trolley which was to blame for her (Rosaleen´s) injuries was fitted with smooth wheels and had possibly been placed in the trolley area by shopfitters working in the shopping centre.
Both Gary Smith, trading as The Ashleaf Shopping Centre and Kessow Limited were found jointly negligent and directed by Judge Jacqueline Linnane to pay Rosaleen 30,000 Euros in travelator fall injury compensation after listening to Consultant Orthopaedic Surgeon Paul Nicholson describe Rosaleen´s shoulder injuries as extremely painful.
The Circuit Civil Court in Dublin has approved a settlement of injury in toy shop accident compensation for the family of a little girl who suffered a head injury when falling in the capital´s branch of Hamleys.
Brianna Healy (5) of Ballinteer in Dublin, had the top shop accident in February 2009 when she was just two-years-old. The young girl fell and hit her head at the Hamleys Toy Store in the Dundrum Shopping Centre, and, as Mr Justice Matthew Deery at the Circuit Civil Court heard, “split her head open”.
Brianna´s accident has left her with a permanent scar on her head, and although Hamleys accepted liability for Brianna´s injury her father Steven – through whom Brianna made the claim for injury in toy shop compensation – told the judge that the initial offer of compensation had been rejected.
Mr Justice Matthew Deery was made aware that an improved offer of injury in toy shop compensation of 27,500 Euros had been negotiated, and the case was before him for approval. After seeking confirmation that the offer was agreeable to Brianna´s father, the judge approved the settlement.
Tesco has acceped failing in its duty of care towards employees at their Warfield after an investigation found that Tesco accidents at work were not being reported to the Health and Safety Executive.
Bracknell Forest Council examined three separate Tesco accidents at work between May 2009 and March 2010 in which staff had been hurt and no report had been filed to the relevant enforcing authority.
Inspectors from the Environmental Health Department of Bracknell Forest Council also found proof that Tesco had failed to provide adequate training and enforce safe working practices in the loading and unloading area of its Warfield store – further placing employees at risk of injury.
Tesco accepted the charges made against the company and were fined 48,000 pounds after an official hearing. Bracknell Forest Council recovered a further 25,000 pounds for the costs involved with the examination and for bringing the compensation case against Tesco.
“It’s vital that companies stick to health and safety rules so their employees remain out of danger at work”, stated Bracknell Forest’s head of environmental health, David Steeds, after the Tesco accidents at work case had been heard. “Unfortunately, Tesco failed to keep to these rules and, as a result, employees were injured – quite seriously in one of the cases – or put in harm´s way.”
A grandmother, who fell on a Christmas tree decoration and broke her thigh bone while accompanying her grandchildren to see Santa at Selfridges, has won her claim for broken femur injury compensation.
Joan Dufosse, aged 73, from Southampton, Hampshire, was visiting the London store with her son, daughter-in-law and two grandchildren when the accident happened in November 2009. After seeing the children meeting Santa, the family were about to have a photograph taken when Joan was told by an elf to step back and towards a corner.
As she did so, Joan fell on a Christmas tree ornament which had dropped from the tree and fell to the ground. She was taken to hospital where she was diagnosed with a broken thigh bone and had to have surgery to plate and screw the break which, two years later, is yet to fully heal.
Joan made a claim for broken femur injury compensation against the company in charge of running the Grotto – Melbry Events Ltd – and at London´s Civil Appeal Court Lord Justice Rix allowed the compensation claim, saying that Santa or the elf should have seen the Christmas tree ornament. He also dismissed a counter claim that Joan was partly at fault for not spotting the hazard herself.
A final compensation settlement for Joan´s accident in Selfridges is yet to be agreed, but is thought to be in the region of 30,000 pounds. If no negotiated settlement can be found, Joan will have to return to the Civil Appeal Court in 2012.
An Asda shopper, who fell on a grape and damaged his back, has won a three year fight for personal accident injury compensation.
Thomas Wardle of Peterborough, Cambridgeshire, was in the Rivergate branch of Asda in January 2008, when he fell on a grape that had been left on the ground in an aisle and fell to the floor – badly injuring himself in the process.
After seeking legal counsel, Thomas sued Asda – claiming that their lack of cleanliness had caused pain and suffering – and, at Peterborough County Court, a judge ruled in Thomas´ favour, awarding him 10,500 pounds in compensation and admonishing the supermarket´s general record on health and safety.
The judge´s verdict may influence two further cases due to be heard in Peterborough County Court later this year – both against the Rivergate branch of Asda, and both for some injuries suffered due to a lack of cleanliness in January 2008
A former Asda employee has been awarded 27,000 pounds in supermarket injury compensation after hurting her back when slipping on a broken egg in the store´s warehouse.
Irene Heslop (65) picked up her injuries in March 2007 while employed as a bakery assistant in the Hulme Asda store in Greater Manchester. Doctors diagnosed her with a suspected spinal fracture which left her not able to walk long distances or carry heavy objects.
As her condition got better, Irene asked that Asda put her on lighter duties in order that she could return to work. The company declined this request, and Irene continue to draw Statutory Sick Pay until the six month period expired after which time she received industrial injury benefit at 24 pounds per week.
After seeking legal guidance, Irene registerd a claim for supermarket injury compensation against the Asda store in Hulme which was supported by doctors at the Manchester Royal Infirmary. After carrying outtheir own investigation, Asda acknowledged that Irene´s lifestyle had been seriously curtailed by the accident and agreed to a 27,000 pounds personal injury compensation settlement.
A woman, who suffered shoulder and hip injuries when slipping on the access bridge to a Leicestershire shopping centre, has won a compensation settlement for falling on wet floor in a shopping centre against the owners of the site.
Gweneth Bowler was at the Highcross Shopping Centre in Leicester with her daughter when the incident occured in January 2011. The 64-year old grandmother was crossing a covered walkway which joins the shopping centre car park with the other shops, when she slipped on a wet surface and fractured her right shoulder and hip in the fall.
While recovering from her injuries, Gweneth wrote to Leicester City Council about the danger, leading the council to initiate a health and safety inspection. The inspection showed many areas where the owners of the premises – Hammerson PLC – were negligent in their health and safety obligations including a lack of cleaning to prevent the floor surface of the walkway from becoming slippery in bad weather.
After taking legal counsel, Gweneth registered a claim for slips, trips and falls compensation against Hammerson PLC and, with negligence by the owners already established, the claim was quickly resolved for an undisclosed amount.