'A broken nose is not serious enough for compensation'

Warrington Guardian: 'A broken nose is not serious enough for compensation' 'A broken nose is not serious enough for compensation'

A TAXI rank marshal attacked while working the rank on Bridge Street is calling for victims of assaults to always be awarded compensation.


Alec Bray, aged 40, of Sandalwood Close, Orford, says he was butted and suffered a broken nose in the attack.


Despite an operation at Halton Hospital, and incurring taxi travel costs in the process, Mr Bray said he has not been awarded any compensation.


“I put two drunk lads into a taxi and a couple of minutes later the driver returned with them saying they weren’t together and one of them had no money.


“I asked the lad to get out of the taxi and he wouldn’t, then he started to get aggressive and spat in the driver’s face and then mine.


“Again I asked him to get out of the taxi before I called the police over, at which point he turned in the seat and butted me and broke my nose.


“The police were near by and came running over and arrested him.


“He didn't seem to care about this as he then started to spit at them as well.”


The incident happened on March 8.


John Kevin Michael Sinnott, aged 37, of Museum Street, was jailed for 18 weeks two days later after pleading guilty to two counts of assault.


Sinnott was jailed in 2007 for three years for running a crack house in Padgate.


Compensation can be claimed from the Government’s Criminal Injuries Compensation Authority if you are a ‘blameless victim of violent crime’.


However, Mr Bray says he was advised to claim but told he would not be paid any money as his injuries were not deemed serious enough.


He added: “I’m not after hundreds of thousands, but something to help pay the costs  would be nice.”


A spokesman for the Ministry of Justice said: “The Government is dedicated to preserving compensation to the most seriously injured victims of crime.


“Where less serious injuries have been caused, we believe taxpayers’ money is better spent providing support services and practical help rather than funding, often small, financial payments.”

Comments (11)

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4:52pm Fri 6 Jun 14

richiepooh says...

Isn't it a part of your job based on your own intimidation tactics of threats of physical nature. I mean you never get 11stone bouncers do you. I would hazard a guess he's not a "little" guy. So it comes with the territory. Claim off your employer for injury at work not the tax payer. And change your job if you don't like it.
Isn't it a part of your job based on your own intimidation tactics of threats of physical nature. I mean you never get 11stone bouncers do you. I would hazard a guess he's not a "little" guy. So it comes with the territory. Claim off your employer for injury at work not the tax payer. And change your job if you don't like it. richiepooh
  • Score: -18

8:16pm Fri 6 Jun 14

ALEC33 says...

richiepooh wrote:
Isn't it a part of your job based on your own intimidation tactics of threats of physical nature. I mean you never get 11stone bouncers do you. I would hazard a guess he's not a "little" guy. So it comes with the territory. Claim off your employer for injury at work not the tax payer. And change your job if you don't like it.
I am Alec the marshal that this happened to, and just for the record I am 12 stone, I am not a bouncer nor have I had any training as one, also I am a tax payer!! So before you go saying things you should get the whole story. I had no training from ABBA TAXIS and all the ppe (stab vest etc was locked away in the office, and when Phill Bailey the owner of ABBA TAXIS found out I was trying to making a claim against him he sacked me. It was my first night doing this and was left on my own with no training. I did not intimidate anybody and never would (so don't judge others by your own standards). I asked the "gentleman" to exit the car 4 or 5 times and all I got was spat at and headbutted for my troubles. Even the council say I should not have been left there on my own, the rank on the hackney side of the street has two registered bouncers every night so they can watch each other's backs. Now I am left with no job and about £400 out of pocket what with the taxi fares to hospital and loss of earnings. Like it said in the article I don't want £1000's just enough to cover the money I have had to pay out through no fault of my own!!!!!! Also the lovely boss of ABBA TAXIS did not even ask how I was all he was interested in was would he get in trouble with the council (nice caring boss that he is).
Also I don't know if you read in the paper today of a woman that has just got a five figure pay out because her boss looked at her boobs, never touched her just looked and she gets well over £10,000 how is that fare???
The Guardian did not even do the story I wanted, they mad it look like I was just after money (witch I don't deny would have been nice), when in reality all I really wanted was an apology from Phill Bailey of ABBA TAXIS.
Just to end this one thing I was told by ABBA TAXIS was just to get the people in the cabs and half the time not even to take the passengers details, that means they would not have been insured if the driver had crashed and even worse if a loan female got in the cab and the driver had tried something on with her (and this has happened at ABBA TAXIS) there would be no proof who the driver was, and I do have photos of paperwork to prove this.
So "richepoo" or whatever you name was I would make sure you have the full story before you make accusations because as the old saying goes "you can't believe everything you read in the paper".
I do hope you never are on the wrong side of an unprovoked attack that leads to you being hundreds of pounds out of pocket and needing an operation!!!!!
[quote][p][bold]richiepooh[/bold] wrote: Isn't it a part of your job based on your own intimidation tactics of threats of physical nature. I mean you never get 11stone bouncers do you. I would hazard a guess he's not a "little" guy. So it comes with the territory. Claim off your employer for injury at work not the tax payer. And change your job if you don't like it.[/p][/quote]I am Alec the marshal that this happened to, and just for the record I am 12 stone, I am not a bouncer nor have I had any training as one, also I am a tax payer!! So before you go saying things you should get the whole story. I had no training from ABBA TAXIS and all the ppe (stab vest etc was locked away in the office, and when Phill Bailey the owner of ABBA TAXIS found out I was trying to making a claim against him he sacked me. It was my first night doing this and was left on my own with no training. I did not intimidate anybody and never would (so don't judge others by your own standards). I asked the "gentleman" to exit the car 4 or 5 times and all I got was spat at and headbutted for my troubles. Even the council say I should not have been left there on my own, the rank on the hackney side of the street has two registered bouncers every night so they can watch each other's backs. Now I am left with no job and about £400 out of pocket what with the taxi fares to hospital and loss of earnings. Like it said in the article I don't want £1000's just enough to cover the money I have had to pay out through no fault of my own!!!!!! Also the lovely boss of ABBA TAXIS did not even ask how I was all he was interested in was would he get in trouble with the council (nice caring boss that he is). Also I don't know if you read in the paper today of a woman that has just got a five figure pay out because her boss looked at her boobs, never touched her just looked and she gets well over £10,000 how is that fare??? The Guardian did not even do the story I wanted, they mad it look like I was just after money (witch I don't deny would have been nice), when in reality all I really wanted was an apology from Phill Bailey of ABBA TAXIS. Just to end this one thing I was told by ABBA TAXIS was just to get the people in the cabs and half the time not even to take the passengers details, that means they would not have been insured if the driver had crashed and even worse if a loan female got in the cab and the driver had tried something on with her (and this has happened at ABBA TAXIS) there would be no proof who the driver was, and I do have photos of paperwork to prove this. So "richepoo" or whatever you name was I would make sure you have the full story before you make accusations because as the old saying goes "you can't believe everything you read in the paper". I do hope you never are on the wrong side of an unprovoked attack that leads to you being hundreds of pounds out of pocket and needing an operation!!!!! ALEC33
  • Score: 39

8:45am Sat 7 Jun 14

silverlady54 says...

Ah - Abba Taxis - they do appear to have been in the press quite a bit lately and not for good reasons.

Alec 33, It sounds as if you were thrown in at the deep end with no training and suffered the consequences. I'm sorry to hear you were hurt while working and I hope you recover quickly. Has no-one suggested you take your employers to a tribunal? ACAS are very good with advice in this respect - http://www.acas.org.
uk/ Also, I think you could consider trying to claim against your attacker through the small claims court if you have his details from the police. No guarantees he has any money of course but it's worth getting advice on this from Citizens Advice or a free consultation with a solicitor. Hope this helps.
Ah - Abba Taxis - they do appear to have been in the press quite a bit lately and not for good reasons. Alec 33, It sounds as if you were thrown in at the deep end with no training and suffered the consequences. I'm sorry to hear you were hurt while working and I hope you recover quickly. Has no-one suggested you take your employers to a tribunal? ACAS are very good with advice in this respect - http://www.acas.org. uk/ Also, I think you could consider trying to claim against your attacker through the small claims court if you have his details from the police. No guarantees he has any money of course but it's worth getting advice on this from Citizens Advice or a free consultation with a solicitor. Hope this helps. silverlady54
  • Score: 15

9:56am Sat 7 Jun 14

biginthesticks says...

By the sound of it all you really need is to make a claim against your employers insurance. Get a solicitor that specialises in workplace claims just google it and take your pick and keep your out of pocket expenses safe you will need to claim them back to. Wait 6 to 12 months and you'll have 2/3k in your back burner to blow. Who gives a c$$p about weather his insurance goes up or not.
By the sound of it all you really need is to make a claim against your employers insurance. Get a solicitor that specialises in workplace claims just google it and take your pick and keep your out of pocket expenses safe you will need to claim them back to. Wait 6 to 12 months and you'll have 2/3k in your back burner to blow. Who gives a c$$p about weather his insurance goes up or not. biginthesticks
  • Score: 16

11:56am Sun 8 Jun 14

the equaliser says...

As the two previous posts have already said the correct route for you to go down is ether (or both) a civil action against the attacker due to his assaulting you and causing you harm and hardship and secondly ( and most importantly) a claim against your employer as he has a duty of care to ensure he takes reasonable measures to protect employees - this would have included correct training.
As I understand it the Criminal Injuries Compensation Authority steps in if the attacker is unknown or there is no chance of getting compensation from the attacker and whilst the latter may be the case in this instance the article is not clear.
It sounds like ABBA Taxis may have fallen short of the mark in fulfulling its obligations as an employer and I would suggest they fully expect a claim to be made against them. I would imagine that they have Employers Liability Cover (and if they do not this would be criminal on their part) and if any amount of negligence was established then you would be entitled to a settlement for any injury received whilst doing your job.
Furthermore, as a separate action, I believe that you may have a case against the employer for wrongful dismissal - you should at least have a good argument for pay in leiu of notice (and before the counter that by saying that you were a new starter and 'on probation' or some such and therefore not entitled you should remember that you were expected to work on your own with no other person showing you the ropes and as such you were fulfilling a role on their behalf ).
Also do not forget that if you incur reasonable costs in the process of fighting for compensation these costs can also be recovered as part of the settlement.

Good Luck
As the two previous posts have already said the correct route for you to go down is ether (or both) a civil action against the attacker due to his assaulting you and causing you harm and hardship and secondly ( and most importantly) a claim against your employer as he has a duty of care to ensure he takes reasonable measures to protect employees - this would have included correct training. As I understand it the Criminal Injuries Compensation Authority steps in if the attacker is unknown or there is no chance of getting compensation from the attacker and whilst the latter may be the case in this instance the article is not clear. It sounds like ABBA Taxis may have fallen short of the mark in fulfulling its obligations as an employer and I would suggest they fully expect a claim to be made against them. I would imagine that they have Employers Liability Cover (and if they do not this would be criminal on their part) and if any amount of negligence was established then you would be entitled to a settlement for any injury received whilst doing your job. Furthermore, as a separate action, I believe that you may have a case against the employer for wrongful dismissal - you should at least have a good argument for pay in leiu of notice (and before the counter that by saying that you were a new starter and 'on probation' or some such and therefore not entitled you should remember that you were expected to work on your own with no other person showing you the ropes and as such you were fulfilling a role on their behalf ). Also do not forget that if you incur reasonable costs in the process of fighting for compensation these costs can also be recovered as part of the settlement. Good Luck the equaliser
  • Score: 7

7:52pm Sun 8 Jun 14

johnmav9 says...

My wife was knocked down by an abba taxi a few years ago the driver left the district the day after never to bee seen again she never had so much as a telephone call from them .but her union took them to court and she got compensation
My wife was knocked down by an abba taxi a few years ago the driver left the district the day after never to bee seen again she never had so much as a telephone call from them .but her union took them to court and she got compensation johnmav9
  • Score: 4

12:54pm Mon 9 Jun 14

richiepooh says...

Alex, I did not have the full story, I had the same story as everybody else, so don't go piping at me for your inadequacy of making the guardian fully explain your circumstance. I did say to take legal action against your employer, so not entirely without merit. As YOU said this job is normally carried out by two bouncers so therefore the assumption that you were a bouncer is a valid one, if you are not why the hell did you apply for the job which is by description that of someone who is a bouncer under another title in the same way doormen have alternate names but we all no...its bouncer, I would assume you are not a brain surgeon, so if you were complaining about ill treatment for your job as a brain surgeon, logically I would assume you were one...I would also assume that the crown prosecution also have the full details and that their may be other reasons you are not saying why the decided that this common assault is not worthy of compensation.
Alex, I did not have the full story, I had the same story as everybody else, so don't go piping at me for your inadequacy of making the guardian fully explain your circumstance. I did say to take legal action against your employer, so not entirely without merit. As YOU said this job is normally carried out by two bouncers so therefore the assumption that you were a bouncer is a valid one, if you are not why the hell did you apply for the job which is by description that of someone who is a bouncer under another title in the same way doormen have alternate names but we all no...its bouncer, I would assume you are not a brain surgeon, so if you were complaining about ill treatment for your job as a brain surgeon, logically I would assume you were one...I would also assume that the crown prosecution also have the full details and that their may be other reasons you are not saying why the decided that this common assault is not worthy of compensation. richiepooh
  • Score: -8

12:56pm Mon 9 Jun 14

richiepooh says...

I also suggest you goole images of "taxi marshals"...if them inages do not reflect your build you should not have been doing the job proving my assumptions on what a "REAL" taxi marshal looks like
I also suggest you goole images of "taxi marshals"...if them inages do not reflect your build you should not have been doing the job proving my assumptions on what a "REAL" taxi marshal looks like richiepooh
  • Score: -8

7:04pm Mon 9 Jun 14

gazhopley says...

richiepooh wrote:
I also suggest you goole images of "taxi marshals"...if them inages do not reflect your build you should not have been doing the job proving my assumptions on what a "REAL" taxi marshal looks like
Wow, thats stereotypical of you, I used to do the same job back in the day at Mac's taxis and appearance means nothing, the difference between a taxi marshall and a doorman is that taxi marshals are just employees of the company who try to sort out which people get in which car, doormen are trained and badged by the local authorities and would cost a taxi firm more money to employ. There are some taxi firms that employ badged door staff to be taxi marshals however it's not a prerequisite, and I am sure Alec will agree with employment the way it is, you don't question your boss, you just get on with the job you are told to do. If Alec does have the evidence he says he has then phil could be in a lot of trouble, he could have his private hire operators license suspended pending an investigation. Let this be an example to all employers, if you don't care about your employees, they won't care about you, and that could cost you a lot more in the long term.
[quote][p][bold]richiepooh[/bold] wrote: I also suggest you goole images of "taxi marshals"...if them inages do not reflect your build you should not have been doing the job proving my assumptions on what a "REAL" taxi marshal looks like[/p][/quote]Wow, thats stereotypical of you, I used to do the same job back in the day at Mac's taxis and appearance means nothing, the difference between a taxi marshall and a doorman is that taxi marshals are just employees of the company who try to sort out which people get in which car, doormen are trained and badged by the local authorities and would cost a taxi firm more money to employ. There are some taxi firms that employ badged door staff to be taxi marshals however it's not a prerequisite, and I am sure Alec will agree with employment the way it is, you don't question your boss, you just get on with the job you are told to do. If Alec does have the evidence he says he has then phil could be in a lot of trouble, he could have his private hire operators license suspended pending an investigation. Let this be an example to all employers, if you don't care about your employees, they won't care about you, and that could cost you a lot more in the long term. gazhopley
  • Score: 3

12:15pm Wed 11 Jun 14

ALEC33 says...

richiepooh wrote:
Alex, I did not have the full story, I had the same story as everybody else, so don't go piping at me for your inadequacy of making the guardian fully explain your circumstance. I did say to take legal action against your employer, so not entirely without merit. As YOU said this job is normally carried out by two bouncers so therefore the assumption that you were a bouncer is a valid one, if you are not why the hell did you apply for the job which is by description that of someone who is a bouncer under another title in the same way doormen have alternate names but we all no...its bouncer, I would assume you are not a brain surgeon, so if you were complaining about ill treatment for your job as a brain surgeon, logically I would assume you were one...I would also assume that the crown prosecution also have the full details and that their may be other reasons you are not saying why the decided that this common assault is not worthy of compensation.
I was employed to answer the phones and take bookings and was asks if I would stand in as a marshal for one night with another man, so at least I would have back up. I ALSO HAVE A RECORDING OF PHILL BAILEY admitting he was wrong to send me out with no training or ppe.
Thanks
[quote][p][bold]richiepooh[/bold] wrote: Alex, I did not have the full story, I had the same story as everybody else, so don't go piping at me for your inadequacy of making the guardian fully explain your circumstance. I did say to take legal action against your employer, so not entirely without merit. As YOU said this job is normally carried out by two bouncers so therefore the assumption that you were a bouncer is a valid one, if you are not why the hell did you apply for the job which is by description that of someone who is a bouncer under another title in the same way doormen have alternate names but we all no...its bouncer, I would assume you are not a brain surgeon, so if you were complaining about ill treatment for your job as a brain surgeon, logically I would assume you were one...I would also assume that the crown prosecution also have the full details and that their may be other reasons you are not saying why the decided that this common assault is not worthy of compensation.[/p][/quote]I was employed to answer the phones and take bookings and was asks if I would stand in as a marshal for one night with another man, so at least I would have back up. I ALSO HAVE A RECORDING OF PHILL BAILEY admitting he was wrong to send me out with no training or ppe. Thanks ALEC33
  • Score: 1

12:18pm Wed 11 Jun 14

ALEC33 says...

silverlady54 wrote:
Ah - Abba Taxis - they do appear to have been in the press quite a bit lately and not for good reasons.

Alec 33, It sounds as if you were thrown in at the deep end with no training and suffered the consequences. I'm sorry to hear you were hurt while working and I hope you recover quickly. Has no-one suggested you take your employers to a tribunal? ACAS are very good with advice in this respect - http://www.acas.org.

uk/ Also, I think you could consider trying to claim against your attacker through the small claims court if you have his details from the police. No guarantees he has any money of course but it's worth getting advice on this from Citizens Advice or a free consultation with a solicitor. Hope this helps.
Many thanks for you help, but can't afford the soliciter needed.
Tanaka again
[quote][p][bold]silverlady54[/bold] wrote: Ah - Abba Taxis - they do appear to have been in the press quite a bit lately and not for good reasons. Alec 33, It sounds as if you were thrown in at the deep end with no training and suffered the consequences. I'm sorry to hear you were hurt while working and I hope you recover quickly. Has no-one suggested you take your employers to a tribunal? ACAS are very good with advice in this respect - http://www.acas.org. uk/ Also, I think you could consider trying to claim against your attacker through the small claims court if you have his details from the police. No guarantees he has any money of course but it's worth getting advice on this from Citizens Advice or a free consultation with a solicitor. Hope this helps.[/p][/quote]Many thanks for you help, but can't afford the soliciter needed. Tanaka again ALEC33
  • Score: 0

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