Archive for January, 2016

Carer Awarded Compensation for Lift Injuries at Work

January 9th, 2016 | By licnewsadmin

A Welsh care worker, who sustained very severe injuries in the care home that resulted in the death of a resident, has received an undisclosed settlement of compensation.

The incident occurred at the Pontcanna House Care Home in Cardiff.  Fifty-two year old Carol Conway, from Cardiff, was working at the on the 6th March 2012 working as a care assistant. On that day she was assisting Mrs Lewis, a ninety-six year old resident, leave her room to go downstairs and get breakfast on the ground floor.

Mrs Lewis and Mrs Conway waited at the lift doors for the lift to arrive. When it did, Mrs Conway unlocked the door using a set of emergency keys and reversed Mrs Lewis’ wheelchair into the lift. Tragically, an established fault meant that there was a disparity between the arrival times of the floor of the lift with the rest of the compartment. Mrs Conway and Mrs Lewis both fell a distance of 6.3 metres until they hit the ground floor.

 The fall was so severe that Mrs Lewis tragically died from her injuries. Her carer, Mrs Conway, was knocked unconscious and sustained fractures her back, her ribs and foot, as well as puncturing her leg.

An investigation ensued into the circumstances of the fall. It was uncovered that the owners of Pontcanna House Care Home, Shirwan and Nasik Al-Mufti, had received a warning that the lift was not functioning properly. They were told that because of the fault, the lift should only have been used in emergencies. Despite this, care staff at the home continued to use the emergency access keys to override safety mechanisms and open the door.

The case proceeded to the courts last year. Sherwin and Nasik Al-Mufti were fined £75,000 last year for breaching health and safety regulations by the Cardiff Crown Court. They were additionally ordered to pay £25,000 in costs after prosecution by the Health and Safety Executives. 

When the fine was announced, Mrs Conway sought legal counsel and made a claim for the lift shaft injuries she sustained. Negotiations ensued between the parties, and Mrs Conway received an undisclosed five-figure settlement. Speaking to the local press, Mrs Conway stated: “I was awarded compensation “but money will never change that terrible day. I think about it constantly. My heart goes out to May and her family. I am so sorry she died the way she did – it´s tragic”.

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