Lifting Injuries at Work – Manual Handling Alone Compensation Claims

For employers, adhering to manual handling regulations is one of the most important things they need to get right. It is so easy to injure your back by using poor lifting techniques or because routes and lifts are not properly risk assessed by employers. There is a significant duty on employers to make sure that their employees are adequate trained and the lifting exercise is risk assessed to take in to account the weight and size of the load, the amount of people needed to assist, the use of mechanical assistance, and the safety of the journey (to name a few common factors!)

As a law firm specialising in accident at work claims, I can tell you that despite the strict rules and regulations in place, employers are still cutting corners and getting it wrong. If you’re reading this I assume it’s because you have injured yourself at work due to manual handling. For the purposes of this blog, I’m going to go in to manual handling alone.

So, as I said earlier, your employer has a duty to risk assess any manual handling activity. If you are going to be instructed to lift something on your own, your employer needs to be confident that:
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Dental Surgery Compensation Claims

Is there anyone on this Earth that enjoys going to the dentist? Really there isn’t anything enjoyable about it, and I get that people hate seeing medical professionals as we are worried about what they’re going to do to us; but going to the dentist is particularly one of those things that people tend to be frightened of. The sound of the drills as you walk through the halls and the waiting rooms…

As specialist injury lawyers we deal with all varieties of personal injury claims. We represent victims for dental surgery negligence, so here’s a little advice about compensation claims for dental negligence.

Firstly, to make a claim, we have to prove that the dentist has provided you with poor or incorrect treatment or an inadequate level of care. This is not always easy to do, as there are a lot of complications surrounding treatment provided by dentists that are not so easy to avoid. Infections are very common, and they are generally accepted as an inherent risk of a dental procedure. If you get an infection after a procedure, it isn’t very easy to make a successful claim given they are often an inherent risk.
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Medication Error Claims

We place our trust in the medical professionals we seek help from to do their best to keep us well. Nowadays there are thousands of conditions and problems that are treated by medication; from the simple drugs like paracetamol to the all important chemotherapy for cancer victims. But what happens when the medication we are given goes wrong? What happens if there is an error made?

Commonly the scenarios are the following:

• You are prescribed the incorrect medication for the problem by a doctor.
• You are given the wrong medication by the pharmacist.
• You were not warned of potential side effects, or not enough investigation was done in to conditions you have or other factors personal to you that could cause an adverse affect (e.g. certain medication could harm during pregnancy).

A medical professional has a duty to properly investigate your symptoms to make sure you are prescribed the right medication. If you are given medication which exacerbates the problem or does not help the problem, you may have a claim if you can prove that the judgment made by the professional was below standard. If other professionals could confirm that they would have treated you in a different way, and that the judgment made by the original professional was poor, there may be a case to answer for. We can normally establish this with expert reports from consultants we instruct as part of your personal injury claim.
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Accident & Emergency Compensation Claims

I’m pretty certain that there is no one on this Earth that relishes the thought of going to A+E. I’ve been a few of times, and it’s the same old story – they’re rushed off their feet, it takes hours just to be seen by a nurse, let alone a doctor, and they’ll probably going to discharge you and tell you that you’ll be absolutely fine and its nothing to worry about. Four days later you’re lying on an operating table because that “minor muscular injury” they convinced you that you’d be recovered in no time from is a complex fracture!

Now, don’t get me wrong, I’m not having a go at NHS staff – I think we can all appreciate that the NHS is stretched so very thin, and the nursing staff and emergency care teams are, I imagine, fighting one heck of an uphill battle! It isn’t their fault that things are so bad in the economy that we’re all suffering at the mercy of an underfunded public health system. But irrelevant of whether you’re blaming our dear government or the powers that be in the NHS, one thing remains; standards of care cannot fall below what is expected.
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GP Negligence Claims

As Britons, we love to panic sometimes don’t we? We’re the type of society that rushes to our GP when we are feeling a little tense or under the weather. My understanding is that the NHS is encouraging people to make use of help lines and walk in centres. And let’s not even start on getting an appointment with your GP – if you’re lucky enough to get one before a full lunar cycle, you have a very well organised (or quiet) General Practitioner.

With the NHS in general being thin on the ground, it is a real concern that the standard of care that we would expect from our GP can fall. We get a lot of enquires for cases of misdiagnosis from GP’s or being prescribed the incorrect medication. Although we have had claims where it isn’t the GP who has provided the incorrect medication, it’s the pharmacist. Scary stuff… I recall I once went to my GP about a clicking in my back. I was asked to “Google back stretching exercises”. I was pretty angry to be honest.
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Package Tour Regulation Claims

Package holidays are fairly common nowadays. Who wouldn’t want to just pay a single fee for an all inclusive stress free holiday, where you don’t have to worry about booking the hotel, flights, transport, and other things separately. It saves a lot of time.

However there is also another benefit to booking an all inclusive visit abroad – you may be afforded the protection of the Package Tour Regulations in the event something goes wrong.

Under the Package Tour Regulations, if you have an accident abroad, you may have a claim against the package provider. The general prerequisites are that:
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Shopping Centre / Mall Accident Compensation Claim Lawyers

We often like to follow the trends of our American friends across the pond. They’re huge on shopping malls with everything you need under one roof, and that trend is somewhat catching on over here. I live in Derby and a few years ago, what was the Eagle Shopping Centre was transformed in to one huge Westfield shopping centre with pretty much everything all under one roof!

Personally, I like it – because in winter you don’t have to worry about being cold when shopping! But with such a huge building with a variety of outlets, and with the place being packed with shoppers rushing around, accidents can easily occur. A child drops his ice cream, and someone slips on the remains. A gherkin drops out of a burger, and an innocent old age pensioner ends up slipping on it. Because accidents can easily occur, those in charge of shopping centres need to be on the ball for keeping people safe.

If you have slipped or tripped in a shopping centre due to a hazard that was not cleared, cordoned off, you may have a claim under the Occupiers Liability Act. Under this important piece of legislation, whoever is in charge of the centre must take all reasonable steps to prevent an accident from occurring. Commonly, these are:
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No Training and had an Accident at Work

There are a lot of rules and regulations that employers must abide by when it comes to preventing accidents at work. It can depend on the type of industry of course – you’d expect less accidents in an office than on a construction site – but all employers are equally responsible for complying with the law.

To comply with the law, one of the most important tools of course is training. It is your employers direct responsibility to make sure that you receive proper and adequate training when it comes to anything health and safety related. If there is something in the workplace that could cause you harm, you need training to make sure you don’t end up injured.

If you feel you have not been trained properly and this has caused you an injury, you may have a claim for compensation. Here are a few examples of the sorts of training you should expect:

Manual Handling Training

If you need to do any lifting in the workplace, your employer must properly train you how to lift safely. This is a form of training that should be refreshed on a regular basis as well; perhaps annually. Any manual handling activity at work should be risk assessed, so training needs should be identified by your employer. If you have been injured due to a lack of, or inadequate, manual handling training, you may have a work injury compensation claim.
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Tripped on Raised Paving Compensation Claims Advice

This is a very common scenario! With the insane amount of potholes and defects that have been caused by the cold winter we have been through, I think it’s safe to say the highways authorities are facing huge amounts of work (and so maybe behind!) when it comes to rectifying defects on public ground. In this article, I’m going to focus on raised paving as oppose to pothole defects.

A raised section of the highway is a recognised defect. It can commonly occur when paving slabs become loose and rise up as part of the ground sinks down below it. Obviously a raised section of the paving is a dangerous tripping hazard. There is case law to support that you shouldn’t have to look at your feet all of the time when walking around, or you’d be liable to walk in to street furniture. So don’t be daft and think that it’s your fault because you should have been watching where you were walking!

Tripping on a raised section of paving can end up in serious injuries. If you’re lucky you might catch yourself and not fall over; but if you’re not, landing hard on concrete can easily lead to fractures and serious damage. The question is what can you do about it if you have been injured due to a raised section of paving? Can you claim compensation for your injuries and suffering?
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Leaking Pipe Compensation Claims

Generally speaking, someone or some company is responsible for a pipe (I would have thought!). If it’s manmade, it’s been fitted by someone and is someone’s responsibility! So a pipe shouldn’t be allowed to leak and cause a potential hazard. Rather obviously if the pipe is carrying water or any other liquid, a slipping hazard can result.

If it’s at work, workplace regulations apply. Your employer has an important duty to keep you safe at work , so traffic routes should not be hazardous. If water is allowed to accumulate due to a leaking pipe, and a slipping hazard is caused, this is a failure on your employer’s part to keep the traffic routes and your welfare safe at work. As soon as your employer is aware of the problem and the hazard, the problem needs to be rectified as soon as possible.

If it isn’t at work, then whoever is responsible for a premises or the pipe that is causing the hazard has the duty to rectify it immediately. If it’s in a shop or a public premises, the Occupiers Liability Act should apply which means that the person or company in charge of the premises has the duty to sort it out. The area beneath the pip can be cordoned off so there is at least no slipping hazard.
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