Lawford Kidd's Blog

An Edinburgh based pharmaceutical company has recently appeared in Edinburgh Sheriff Court, where it pled guilty to failing to ensure the health and safety of an employee who was crushed by a reversing lorry.

The incident occurred in September 2011, at the company’s premises on Wheatfield Road in Edinburgh. The employee in question was attempting to signal a reversing lorry into a loading bay. The driver did not see him as he was focused on another individual who was signalling the lorry in, and as a result the unseen employee was crushed between the lorry and the loading bay wall.

He was found to have suffered severe crush injuries to his head, face, and chest, but fortunately has since made a full recovery.

Lawford Kidd are delighted to report that we have been successful in securing compensation for an employee injured in a fall at work. The pursuer, our client, was employed by Advanced Stairlifts and was tasked with measuring the dimensions of a client's stairwell. Our client was given unsuitable equipment. She had to overextend to use the equipment properly and, as a result she slipped and fell on to the next step, injuring herself. She sued her former employers and we succeeded in recovering compensation for her.

Our client was awarded £2500 compensation. Read the full case here. If you have been injured in a slip or fall at work or a fall from height, we can help you claim 100% compensation for your injuries. We make sure you keep every penny of the compensation because we recover our costs from the other side. If, as in this case, the other side is your employer, don't worry - their insurance provider pays so your job isn't at risk. Contact us today for more information.

Scotland has a long, proud industrial history: our shipyards, coal mines and steel works have shaped our nation's economy and society over the years.

Unfortunately for the people of Scotland, much of that industry has gone and left behind a legacy of asbestos-related disease. Even more unfortunate is that the most common asbestos-related disease, mesothelioma, is particularly aggressive, difficult to detect and doesn't receive anywhere near as much research funding or attention as some other types of cancer.

The dangers of asbestos were previously unknown, since effects or symptoms of asbestos-related disease often don't appear until decades after exposure to the deadly dust. As a result, Scotland is now experiencing an asbestos epidemic.

In the recent case of Joseph McCarn and Others v The Secretary of State for Business, Innovation and Skills [2014] CSOH 121, the Court of Session has provided guidance on fatal awards in Scotland.

The children of the late Mr McCarn, who died in 2009, aged 69, from mesothelioma due to asbestos exposure during the course of his employment in the shipbuilding industry raised a claim under section 4(3)(b) of the Damages (Scotland) Act 2011 - which allows for compensation to be awarded to relatives for loss of financial support, distress and anxiety, grief and sorrow, and loss of ‘society and guidance’.

In making the decision, Lord Bannatyne referred to the case of Hamilton v Ferguson Transport, but disagreed with the proposition made in that case that there must be a pattern in jury awards before a judge can attach weight them. Instead, Lord Bannatyne considered the unreported case of Kelly v UCS from 29 July 2012, a decision that was reached using a completely different approach to other recent cases.  

A new health and safety partnership has been launched to reduce the number of people who are killed or seriously injured on Scotland’s farms and crofts each year.

Figures published by the Health and Safety Executive (HSE) reveal that over the past decade almost 80 men, women and children have died on Scottish farms and significantly more have been badly injured as a result of farming activities.  

The Farm Safety Scotland Partnership is committed to improving the safety record of those who live and work on Scotland’s farms and crofts.  Working together, NFU Scotland, NFU Mutual, HSE and Scottish Government has produced a new campaign leaflet “Working Together to Save Lives”.  It outlines the four most common dangers on farms – Falls, Animals, Transport and Equipment – and urges farmers not to leave their safety to FATE.