Archive for the ‘Work Accidents’ Category

Types of Personal Injury – Accidents at Work

Monday, June 7th, 2010

Regulatory bodies such as the Health and Safety Executive (HSE) exist to ensure high standards of health and safety are maintained in the workplace. It is still unfortunately the case that thousands of people have accidents at work every year in the UK, with a very small minority of these cases being fatalities. Employers are legally obliged to insure themselves against potential claims and to carry out rigorous risk assessments. Trade unions also exist to support the rights of workers and do provide some legal services which a claimant might like to call on before approaching an injury lawyer. Trade unions can also assist with discrimination or persecution cases in the workplace.

A claim for an injury sustained at work needs to be made within three years of the actual incident, which should preferably be logged in the company ‘accident book’ as soon as it happens. When starting with a new company, employees should check their contract carefully, paying close attention to details about sick and injury pay. Injured workers are often reluctant to pursue a compensation claim against their employer as they fear losing their livelihood or facing hostility at work.

Examples of accidents and injuries sustained at work include slips and falls, industrial illnesses (e.g., asbestosis), scaffolding accidents and repetitive strain injury. These might be caused by inadequate training or simply by not fully complying with the standards set down by the HSE. While workplace accidents are more common for those in ‘high risk’ jobs such as builders or warehouse operatives, office workers are also at risk and need to understand their rights.

No win no fee employment solicitors will help process a compensation claim against an employer on behalf of a client who has suffered any kind of injury or illness caused directly or indirectly by their employer and/or workplace. To be successful, they need to show that the employer was negligent, and that the injury came about as a result of that demonstrated negligence.

Industrial Deafness

Monday, May 31st, 2010

One physical work related problem that is often overlooked is industrial deafness. Loss of hearing however is just as serious as any other injury sustained in the workplace.

All employers have a duty of care to ensure that their employees are protected from damage to their hearing. As such, steps should be taken and equipment provided for anyone who works in or visits the premises where the environment is particularly noisy. Often work places where excessive noise is a problem are generally heavy engineering workshops, etc.  In such situations employees are obliged to give their employees earplugs. Failure to do so gives the green light to anyone who believes they have a personal injury claim due to industrial deafness.

 In 2005, the government enacted the Noise at Work Act, which put the onus on employers to reduce the risks to employees caused by exposure to loud noise. If they fail to do this and you sustain hearing loss or deafness as a result, then you are entitled to make a personal injury compensation claim.

However, outside of the working environment such places that might involve risk of hearing loss, which on the surface are innocuous, includes discos and nightclubs where very loud music is invariably played.  Music played between 95 – 120 decibels is equivalent to the noise level of a pneumatic drill. In fact, this decibel level is 8 times the required level for ear protection in an industrial workshop environment.

If you have to make such a claim choose a no win no fee solicitor with experience in this area of the law.

Making An Industrial Deafness Claim

Wednesday, May 19th, 2010

As people get older some hearing loss is natural, but it can be exacerbated when working in an environment that doesn’t properly protect employees from excessive noise levels.

Before making an industrial deafness claim however it is important to ensure that you are eligible. The first thing that must be done is to check both the environment you are working in and any symptoms that point to loss of hearing caused by being there.  For example, do you have to shout to speak to someone standing say, just two metres away? If so, then your place of work is likely to be breaking the law.

If you suffer from tinnitus – ringing, buzzing or humming in the ears, temporary loss of hearing, muffled hearing or have trouble hearing high pitched sounds and you believe it was caused through being exposed to high noise levels at work, then you might be eligible to put in a personal injury claim.

As such, the first thing to do is contact a no win no fee lawyer who will need a medical report about your hearing loss. This will outline the type and severity of any damage to your ears that affects your hearing, including a perforated eardrum perhaps.

Making a claim for industrial deafness is as straightforward as any other accident claim. Damages received will vary depending on the extent of the injury, the amount of earnings lost and your own behaviour at work, that is were you partly to blame because you did not wear provided ear protection?

Benefits of Making a Personal Injury Claim

Thursday, April 29th, 2010

Accidents happen every day, and sometimes people get injured due to these accidents. They can happen anywhere, in the home, on the road, at work and in a public place, but if the accident is due to another person’s action or inaction, the injured party may have a right to compensation. While filing personal injury claims can be a complex and time consuming process, there are definite benefits to doing just this.

When someone is injured in an accident, the damage can vary from mild and quite inconsequential injuries to severe, life-altering ones, and even sometimes death. They can take the form of both physical and psychological afflictions that can take different lengths of time to recover from. Many people need to take time off from work in order to obtain treatment and get better, but due to the strain of loss of wages, go back too early. As a result, they do not manage to heal fully. Personal injury compensation can provide the money to allow someone who is injured to take the time needed to fully recover without having to worry about paying the bills.

Also, by making a claim, the injured party may be able to prevent the same thing from happening to others. Road accidents and accidents in the workplace are two key areas where claims can highlight areas that may need to be investigated. By bringing the dangerous situations to light, employers or public agencies can make changes so that the accident won’t happen again in the future.

Overall, personal injury claims can benefit the person making the claim, as well as society as a whole.

Chemical Injury Claims

Monday, April 12th, 2010

Many companies use toxic chemicals as a matter of course during the manufacture of their products. However these can cause wide-ranging injuries, both external and internal, when things go badly wrong.

For example, some people might unknowingly be allergic to the chemical being used or the chemical itself may create new allergies or other physical problems. In the most serious cases chemical burns and internal bleeding are possible, sometimes resulting in death.

Employers have a duty of care to their employees. Which means that they must ensure that all steps are taken to minimise any possible risk to the health and well being of the individual. If they haven’t done so then a successful personal injury claim is likely following an injury.

An example of this duty of care is correct warning signs and labelling; details of any possible side effects of using the chemical must also be mentioned.  The employer may also need to restrict access to particular products perhaps for a period of time or to only those workers wearing proper protective clothing.

Employees should for their part notify their employer of their possible susceptibility to ill effects caused by particular chemicals. The company should log this and ensure that the individual is protected at all times, including making special workplace provisions if necessary.

Some chemicals can be slow to act on the body and may not result in any discernible injury for some time – perhaps even years after exposure. In law, that is irrelevant. Even if the symptoms do not show for a long time, you can still lodge a personal injury claim.

As usual, it is worth asking advice about no win no fee compensation if you are faced with this problem.

Personal injury claims for asbestosis

Thursday, April 8th, 2010

Asbestosis is now recognised as one of the most dangerous of all modern industrial diseases. It is caused by the inhalation of asbestos particles that in turn aggravate and inflame the lungs. The asbestos does this by scarring lung tissue, which then causes a severe reaction by the body’s immune system.

Unfortunately, asbestos fibres are indigestible. This means that over time the cells that normally fight infection are unable to do that and so a variety of medical conditions arise, including serious lung disease and possibly cardiac problems.

One great problem with asbestosis is in distinguishing this from another very similar disease called mesothelioma, which is a form of lung cancer. While the former is caused by asbestos and the symptoms are similar there are fundamental differences in terms of how each are caused. Asbestosis results from a long exposure to asbestos usually over many years, whereas inhaling small quantities of the substance can cause mesothelioma.  The symptoms of asbestosis include the slow onset of shortness of breath. Also symptomatic is a tightness of the chest and chest pain.

Since asbestos was well known for its heat resistant properties it was at one time used in a wide variety of settings, particularly in many public buildings, including, ironically, many hospitals. Consequently, many people have at one time or another been exposed to this dangerous material.

Certain occupations in particular involved coming into contact with asbestos including, building, mining, plumbing and even garage work (dust from brake linings).

Asbestosis is considered an occupational lung disease that qualifies for a personal injury claim. A no win no fee compensation lawyer will be able to help.

How Difficult is it to Make an Accident Claim?

Tuesday, March 9th, 2010

At the current time there is no definitive list regarding the types of accidents a person is allowed to claim compensation for. The only thing that really matters is whether or not you can prove that the accident was not your fault, and that someone else is in fact liable for your personal injury, therefore providing a case for you to make an accident claim. If someone can be proven negligent, they can be proven liable, and if they are proven liable, you are due fair compensation for any sort of medical costs, pain and suffering and lost wages.

Car accident claims are the most common types of personal injury claims filed. UK law requires all drivers to be insured in order to pay compensation to any people injured as the result of an accident. If your no win no fee lawyer can prove the other driver was careless, you can be compensated for their negligence, regardless of whether you were a driver, passenger, cyclist, or pedestrian. Work accidents are also another common form of accident claim made. Above and beyond that there are accident claims such as slipping or tripping on public property, or the more serious kind related to medical negligence, such as receiving incorrect care from a medical facility which could contribute to long-term damage. In order to determine which type of personal injury claim or accident claim you should file, contact a no win no fee lawyer at your earliest convenience.