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Repetitive Strain Injury (RSI) , which can also be known Work Related Upper Limb Disorder (WRULD) is a general, umbrella term which relates to the pain suffered from the overuse and repetitive use of muscles, tendons and nerves. It is reported that 1 worker out of 50 in the UK has reported an RSI injury. It is workers whose careers involve the use of computers or some sort of manual work who are most likely to suffer from a RSI.
There are two types of RSI – Type 1 and Type 2. Type 1 is where the doctor can diagnose a recognised medical condition, such as Carpal Tunnel Syndrome, as there is usually some kind of swelling or inflammation. With Type 2, the doctor is unable to diagnose a medical condition as there is no obvious swelling but the sufferer is reporting pain in the affected area. Symptoms can vary but can include cramping, swelling, pain, or tenderness in muscles or joints, throbbing and/ or tingling and numbness.
Employers in the UK are under a legal obligation to prevent incidents of RSI wherever reasonably possible; this is through the Safety Act of 1974 and the Safety at Work Regulations 1999. If you think you are suffering from an RSI as a result of your occupation, then you may have a claim for compensation. A particular RSI case comes to mind whereby an RAF data input clerk aged in her 20’s sued the Ministry of Defence for her RSI injury which stemmed from her occupation. The clerk suffered the RSI in her thumb and was unable to continue full time work in her current employment – the clerk received £434,000 in compensation for her injury.
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Claiming for Compensation: Slips and Trips.
A lot of people are concerned and confused when it comes to thinking about making a claim – particularly in accidents involving slips and trips. I suppose the reason is that many people simply aren’t sure whether they can make a claim after being involved in a slip or trip accident. Furthermore, people genuinely feel a little “silly” about making a claim for such a seemingly “small” accident.
It’s better to approach the entire situation in a different way: your slip / trip accident is not in any way “silly” or “small” – particularly if you have been seriously hurt. At the end of the day, if you have been injured due to someone else’s negligence, you have a claim for compensation.
Any shop, restaurant, cafe, bar, club, pub, museum – any premises which you are allowed to freely access – involves a duty of care owed to you by the owners of the place you are in. The premises must be safe to use, and no hazards should be allowed to develop and endanger anyone in the area. It’s an obvious and sensible piece of legislation – without this important duty of care in place, no one would be responsible for preventing anyone from coming to harm.
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Now, you may think – what does the above title mean when it says ‘losses’. Well, for any personal injury claim there is compensation amount that can be awarded for your injury, and there is a separate claim for your losses. These losses are applied for separately to your injury compensation and are compiled in a Schedule of Loss. It is important that from the outset after your accident that you keep any receipts for costs that have been incurred as a result of your accident. This helps to support and evidence any losses claimed for a potential personal injury claim.
The items of loss which can be included in this Schedule of Loss I have listed below:
- Loss of Earnings – this can be one of the most important items in a claimant’s schedule. If you are employed/self -employed and have had time off work due to your accident then you may be entitled to claim for this item of loss. If you are an employed person then a solicitor would usually ask for 13 weeks of pay slips prior to the accident. Your loss of earning is then calculated at an average of these wage slips. If you are self – employed, a solicitor would usually ask you for 3 years profit and loss accounts and calculate the average this way.
There are many questions you might ask when it comes to making a claim for compensation:
- Do I have a claim?
- How much am I entitled to claim for?
- When should I make the claim?
- Who should I instruct to deal with my claim?
There can be many more questions as well – it’s a confusing time after an accident to know exactly what to do. So, here’s a little advice that may just help you out!
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Being involved in an accident that was not your fault is a trying time for anyone. It can be confusing just thinking about which lawyer you should instruct, what happens next, how much you can claim for etc. There are so many questions, and so many different answers. So here’s a guide on what to do and what you need so you know what course of action to take.
What to Do
If you have been involved in an accident that wasn’t your fault, there are two things you need to do right from the start.
Step 1: at the scene of the accident, exchange details with all relevant parties involved:
- Road Accidents: exchange names, addresses, telephone numbers, vehicle details (reg, make, model, colour), and insurance information with any other vehicles involved in the accident, and any witnesses to the accident. If your injuries are debilitating enough to prevent you from this, the police should always be called.
- Accident at Work: if you need help, shout for colleagues for assistance, and ensure your supervisor or manager is called to attend. If you are able to do so, ensure the accident is recorded in an accident book, and you note the names of any colleagues that may have seen what has happened.
- In / On Premises (Shops, bar, restaurant, etc): again, if you need help, call for it. Ensure you speak to a manager or person in a position of authority within the premises to ensure your accident is recorded – get a copy of whatever they record as well. If there were witnesses, make sure you get their information.
- On the Street (Council Claims): again, if you need help, call for it. You can also take the details of any bystanders that may have witnessed your accident, and taking photographs of the general area and whatever caused your accident is an essential thing to do. If you are unable to take any photos there and then, make sure you return to the scene as soon as you can to take some.
Legal Expense Insurance / Legal Protection – The Sorry Truth
If there’s one thing we love here at The Injury Lawyers, it’s making sure accident victims get access to the maximum compensation they are entitled to claim for with the minimum of hassle and fuss for the claimant. Claiming for compensation is a common part of everyday life now – unfortunately, there are those out there ready and willing to profit from your claim in the wrong way – and this, we do not like.
Sure – we are a business. At the end of the day, we do turn a profit. But we always promise to go the extra mile with our clients by updating them far more frequently than most other firms, and spending more on our cases for a better outcome. So, who am I talking about?
Insurance Companies
If you’re a driver, check your motor insurance policy to see if you have the “benefit” of Legal Expense Insurance or “Legal Protection.” This is an extra on your policy which is normally either provided out of courtesy, or for a small annual fee. Your insurers will tell you that you are fully covered if you have an accident. Sounds great, right?
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“I’ve been injured in an accident – can I claim for compensation?”
The answer: “perhaps you can”
If you’ve had an accident, and it wasn’t your fault, you’ve just taken one huge step towards being eligible to make a claim for compensation.
The idea of claiming for compensation is based on you, the blameless victim who has ended up injured, being compensated for your pain, suffering, and financial loss. If the accident was caused as a direct result of another person or company’s negligence, it is likely you can make a claim.
At the end of the day, it’s not nice being injured. Suffering from a fracture, bruising, a muscular injury (such as whiplash), a strain, a cut (and subsequent scarring), or a repetitive strain injury is not a nice thing to have to deal with. You are entitled to claim for compensation for the injury (or injuries) alone, and you are entitled to claim back any financial losses, or expenses you have incurred.
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Accidents On A Night Out Information
We all love going out. This can be for many reasons – it may be because we want to socialise with friends, have a dance or just relax in the pub after work on a Friday evening. Whatever the reason and whatever the venue for your night out, whether it be in a pub, club, bar or restaurant, the last thought in our mind is that we may have an accident that was not our fault.
If you have had an accident on a night out and it was not your fault then you may have a claim. Any of the potential venues for a night out listed above have a duty to care for their customer as far as is reasonably possible. They must also comply with strict health and safety regulations.
You may feel that you cannot bring your claim for personal injury as you had consumed alcohol. This is a query which many of our clients raise; it is simply a case of “you don’t know if you don’t try.” Many law firms like The Injury Lawyers give free claim assessments, so whether we take your claim or not, it is completely free of charge to you to find out. On a good No Win No Fee, you are never charged for the claim either, so there is nothing financially to lose by trying.
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It’s been grey and miserable all weekend where I live; and it’s no better on the return to work on Monday morning. I’ve heard there has been a bit of snow around as well – all this just as I was acclimatising to the slightly warmer temperatures of 5- 8 degree Celsius following the big freeze we have had over the festive period.
The look and feel of the miserable and wet weather isn’t the only thing people need to be concerned with – driving conditions need to be at the forefront of people’s minds on a grey day like today. If you are involved in accident that wasn’t your fault, the weather is not a party to blame. If another vehicle has collided with yours because they failed to appreciate the requirement for an increased stopping distance in wet weather, or they came screeching around a corner or a roundabout too fast and have skidded due to the damp surface or the roads, they are still to blame.
Wet weather is not an excuse one can use to escape being liable to compensate the victim of a road accident. If anything, people should be driving with a great deal more care, and more accidents should be avoided. So if you are the victim – you can make a claim!
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Personal Injury Claims Procedure
After suffering an accident that was not your fault, you may feel fragile and confused. This may lead you to think that you do not want the hassle that claiming for a personal injury entails. Well, we at The Injury Lawyers write these blogs in order to inform and educate you, and thus take the confusion out of the situation. This blog informs of the procedures surrounding personal injury claims.
The new procedure surrounding personal injury is streamlined and designed to encourage settlement before the case gets to court. This is because the courts do not wish to be flooded with personal injury claims – plus it’s expensive to take a claim to court in any event. It is in the Pre- Action Protocol, as set out in the procedure rules governing how a claim progresses, which is where a claim starts.
The Pre-Action Protocol states that a Letter of Claim must be sent to the Defendant; this letter (amongst other items which do not need to be the topic of this blog) must state what the claim is regarding, what the injuries suffered were, and enough further information to allow them to investigate the claim. The Protocol then gives the Defendant a period of 21 days to acknowledge receipt of the letter. Most defendants tend to adhere to this deadline and either pass the matter to their solicitors or insurers to deal with.
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