Archives
Back Strain Injury Claims caused by Heavy Lifting at Work
Back strains are common where heavy lifting is part of your job. It is important that you take care of your back but equally important that you employer takes necessary steps too.
Common problems
It is not only what is carried which can cause injuries but the way in which something is carried. Twisting and bending to pick up or poor posture when carrying objects can strain your back and damage muscles or plates.
Duties of Employers
Where it is reasonably practicable, employers should avoid the need for their employees to undertake manual handling where it can cause them injury. Where it is not reasonably practicable, they must make a suitable and adequate assessment of all of the manual handling operations, take steps to reduce the risk of injury to the lowest level possible and take steps to provide information to employees of the precise weight and the heaviest side of any load where the centre of gravity is not in the middle.
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Cruise Ship or Commercial Ferries Injuries or Illnesses
There will be approximately 1.76 million cruises taken by Brits in 2013. If you are or have been one of the lucky 1.76 million, then make sure you know the cruise ship companies owe you a duty of care. Accidents can happen anywhere, and cruise ships are no exception.
The different types of injuries or accidents!
There can be many different types of injuries or illnesses occurring on a cruise ship. This can include slips, trips, food poisoning or contagious diseases. Slips can occur as adverse weather can cause sea water to spray on deck or substances left unattended inside the ship can cause you to slip. Trips can occur on cruise ships as much as on land so anything left sticking out or unnoticed which has caused you to trip may mean that the cruise company has broken their duty towards you.
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Slips from Leaking Fridges and Freezers in Supermarkets
When fridges and freezers leak in a supermarket the residue can cause people to slip on the smooth floors. If you have slipped in a supermarket, the Occupiers’ Liability Act 1957 places a duty upon the supermarkets, as occupiers, to not cause you harm.
What duty does the supermarket owe?
The supermarket owes the common duty of care to anyone who enters the premises unless they restrict this. This means that the customer who enters the store will be reasonably safe to do the shopping. In addition to this, supermarkets must be aware that children are likely to be less careful than adults.
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Package Tour Regulation Claims
Package tours are a common and sometimes cheaper alternative of booking a flight, hotel and other services in an all in one ‘package’. On occasion, accidents occur on package tours and even though it may have happened in a different country, you may still have a claim within the English and Welsh courts under the Package Tour Regulations.
What the law considers a package tour!
The law considers a package tour to be one where there has been a combination of transport, accommodation or other services which account for a sizeable portion of the package. The package tour must have lasted for a period exceeding 24 hours, or alternatively included overnight stay. It must have been pre-arranged and have been a price which included the transport, hotel etc. It includes business or educational trips and can apply even if you have used different flight and accommodation companies, as long as they have been put together into a ‘package’ by one person or company.
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Injury Claims Limitation Period – Don’t miss out!
Most claims for compensation for personal injury in England and Wales must be brought within a 3 year period, with this time limit being known as the limitation period. This means that from the date of the accident occurring, you have three years to bring your claim. This means you must either settle the claim or issue the claim with a court within that time period.
The Limitation Act 1980 states that with regards to personal injury, that “the period applicable is three years from… the date on which the cause of action accrued; or the date of knowledge (if later) of the person injured.” (source)
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Why The Injury Lawyers can still Offer 100% Compensation
In past years, 100% compensation has been advertised and given to clients of law firms on a no win no fee basis. From 1st April 2013 this has become somewhat of a thing of the past, as The Legal Aid, Sentencing and Punishment of Offenders Act (or LASPO) has changed the law so that lawyers cannot obtain a success fee and after the event insurance premiums for most cases from the other side.
What is a success fee?
A success fee is something which law firms charge to increase their fees because their client has succeeded. This helps to fund no win no fee claims as some cannot be won. Before 1st April 2013, this was recovered from the other side; after 1st April 2013, the law changed and these fees cannot be recovered from the other side and law firms can take up to 25% directly from their client’s compensation to cover this fee.
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Claiming for Clinical Negligence
Clinical negligence occurs when a clinician has negligently breached their duty owed to you and caused a loss. Examples include surgery, dentistry or where you have been incorrectly diagnosed. In addition to these examples, clinical negligence can occur in regard to things which should NOT have been done. For instance, if incorrect medication has been prescribed or the treatment which you have received has been incorrect.
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I Went Down a Pot Hole on the Highway, Can I Claim? – Injury Lawyers Advice
Unfortunately, in the UK we tend to experience some pretty confusing weather; for example, one day it might be bright sunshine and the next we open the curtains to a blanket of snow! With the constant change in temperature from one end of the scale to the other, it isn’t really that surprising that our pathways and roads are in the state that they are with many holes, cracks and bumps appearing overnight.
However, this is the problem when you come to make a claim for injuries caused by these defects – as can the highway authority or council really be expected to know and repair defects that appear this quickly?
Injuries caused by falling on these types of defects can range from the minor cut to the knee and bruised elbow to broken bones and possible permanent issues so how come these cases can be so difficult and unfortunately can last for quite a long time?
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Slips, Trips and the Law at Work
The Management of Health and Safety at Work Regulations 1999 and The Workplace (Health, Safety and Welfare) Regulations 1992 were brought in to assess risks and take action to ensure the health and safety of the users of floors.
How Employers should prevent slips and trips!
Employers should assess the risk of slips and trips in the workplace to protect both the employees and other users of the floor. Every employer should make arrangements relative to their size and organisation to review the preventative and protective measures which could be taken to avoid risks. Employers should ensure that their employees are provided with such health surveillance which is appropriate, which has regard to any risks which have been identified from their assessment.
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Defective Premises Compensation Claims
The Defective Premises Act 1972 gives compensation to those who have been injured through defects due to the state of a premises they reside at. These cases are caused by a defect in the property itself, and not something which has been put into the property. For example, a door could form part of the property while a desk may not.
Who is responsible?
A person who builds or extends a property owes a duty to the person who ordered the work, and to every person who acquires an interest in the property to ensure the work is done properly with the correct materials. This duty is discharged if the building was built correctly with correct materials, unless the builder knows of a defect in the instructions and fails to inform the person who ordered the work to be carried out.
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