
Vicarious liability claims for work injury compensation
When a claimant suffers personal injury because of someone else’s negligence, they can claim compensation for the injuries and harm suffered as a result of that negligence. But what happens when someone is injured by someone acting in the course of their duty on behalf of a company? i.e. like an employee acting in the course of their employment?
Vicarious liability is a way where an individual’s responsibility and liability can be transferred to their employer if the accident happened during the individual’s course of employment. The defendant’s employer should be insured and have the finances to compensate the claimant, and they can essentially cover the negligence of an employee.
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The Injury Lawyers help Claimant recover £7,500 from a hotel for a broken wrist
Whilst on holiday, our client lost their footing on a hotel driveway defect which caused them to fall and suffer a broken wrist.
There’s never a good time for it, but to suffer an injury like that while on holiday when you’re supposed to be relaxing is devastating!
Our client also suffered bruising to the leg. Uneven ground and flooring may not seem like much to some, but they can cause serious harm. In addition to broken bones, anyone who trips on them could end up hitting their heads and could suffer a brain injury.
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Four employees crushed to death in excavation work
Four employees tragically died while carrying out a job at an excavation site.
The four employees were working on constructing a steel structure as part of the foundation for a large Pressure Test Facility (PTF) at Claxton Engineering Services Limited in Great Yarmouth. The partially-built steel structure weighed several tonnes and would have weighed 32 tonnes on completion. The excavation for the PTF was more than 23m long, 3m wide and 2m deep.
Sadly, the structure collapsed on top of the employees.
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Supervisor sentenced and fined for negligently exposing workers to asbestos
An asbestos removal supervisor has been fined and sentenced for exposing his team members to deadly asbestos fibres.
Alan Burdett was a supervisor for Asbestos Decontamination Services Limited in Birmingham and was engaged in large scale asbestos ceiling removal of Raleigh House in Stockport. Mr Burdett led a team during licensed asbestos removal works on a day-to-day basis.
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If this is not a lesson learnt, then I do not know what is…
T & D Galvanising Ltd were found to have breached the duty of care owed to their employee, Mr Ali Zada, who sadly suffered severe injuries to his leg and foot in June 2015.
On the day in question, Mr Zada was lifting wires that were tied around a bundle of mesh panels, when the overheard crane snapped on one side which caused the mesh panels to swing down and hit his leg.
Mr Zada suffered fractures to his leg and foot.
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Health and safety in the workplace is so, so important. Getting it right and wrong can literally be the difference between life and death…
In this employer’s negligence case, an employee of Cornish Construction Company, Roger Daw, tragically had both his legs amputated after he was crushed by a dumper truck during the course of his employment.
A truly horrifying incident.
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How do we calculate what a broken arm injury claim is worth?
Personal injury compensation is awarded to someone who has been involved in an accident that was not their fault. Those that have been injured due to someone else’s negligence can generally recover two things: general damages, and special damages.
General damages are to compensate for any pain, suffering, or loss amenity due to the injury. Special damages covers expenses and future losses that a person will incur directly because of the incident. This can include travel expenses, clothing, loss of earnings etc…
This financial settlement is meant to help those who have suffered an injury to get their life back on track, or as near as, before the injury happened. So how do we calculate a claim for a broken arm, for example?
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Star Wars Producers plead guilty to failing to protect actors and workers
Foodles Production (UK) Ltd have pleaded guilty to failing to protect actors and workers on set following an incident where Hollywood actor Harrison Ford suffered a broken leg and other injuries. Harrison Ford was struck by a metal door on the set of the Millennium Falcon on the 12th June 2014 at Pinewood Studios.
The actor believed that the structure was inactive and so walked underneath it – but it was remotely operating which meant it ended up pinning the actor to the ground, resulting in his broken leg. The accident posed a risk of death, and if an emergency stop had not been activated, then it could have killed somebody.
Harrison Ford became trapped under the closing metal-framed door which had a weight comparable to that of a small car.
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Is your job at stake when making a work accident claim?
Before we answer this question, lets understand first how a work accident claim actually works…
The Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims governs the process for those making a claim against their employer for personal injury.
The first step is submitting the Claim Notification Form (CNF) where the employer will have to confirm whether they accept liability or not within 30 days of receiving the form. This varies from public liability where the period is 40 days.
In most cases, the insurers deal with the claim and we have very little contact with your actual employer moving forward.
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X-Rays and Scans (MRI Scans, CT Scans, etc) Compensation Claims
Scans: one of the fastest way of obtaining a diagnosis without having to cut people open all the time to find out what’s going on!
As technology has moved forward we now have the benefit of x-rays and scans that can tell us whether we’ve broken bones, suffered ligament damage, or whether we’re suffering from life changing diseases like cancer.
But what happens when things don’t go the way they should? What happens if a scan is misread, or a scan is not performed in time? What if a patient is not referred for the proper treatment following a scan?
The results can be devastating, and that’s when we may need to help you.
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