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Clutha victim launches legal battle for promised charity funds

Posted in: Workplace Injuries 

Following the Clutha tragedy in November 2013, a charity fund was set up to help survivors of the crash. Douglas Naismith, a retired firefighter who was injured as a result of the helicopter crash, has launched a legal battle against Glasgow City Council for failing to provide him with financial assistance from the charitable fund.

The Clutha Appeal Fund was set up by the city council to support anyone that was affected by the accident. Mr Naismith, however, claims that he, and half of the casualties involved in the crash, did not receive the compensation they were promised.

Simply to “provide recognition” of the disaster

Mr Naismith suffered a broken shoulder and neck, alongside multiple hip injuries, in the accident. He required surgery for these injuries, but was then refused practical home care help by the appeal fund. The council defended this by saying that the fund was not a substitute for compensation, but was simply to “provide recognition and acknowledgement by society of the experience of being involved in a disaster”.

Mr Naismith’s lawyer argued that the city council was in breach of Section 12 of the Social Work (Scotland) Act of 1968, with the belief that the council failed in their duty of care. The lawyer stated: “We want them to revisit this matter. It is now with their legal department.

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