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The Workplace Regulations are there to protect workers from accidents at work.
If you have an accident but are not a ‘worker’ then you are not likely to be able to claim under The Workplace Regulations but that doesn’t mean you can’t claim in another way. It just means that you can’t benefit from this excellent bunch of regulations.
Car Accidents on a Good To Go ‘Green Traffic Light’?
A green light does not give a driver an absolute right to proceed to the junction.
A leading case illustrating this is Radburn V Kemp courts will look at the approach taken in this case when deciding liability. In this case a cyclist had proceeded through a green light and was in the middle of the junction, before the cyclist could take his exit, the lights changed and the lights in the opposite direction changed to green.
A driver coming from this direction drove through the green light and hit the cyclist waiting at the junction. The court held the driver 100% to blame even though he had a green light.
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Are all Accident at Work Claims Brought Against the Employer?
A client recently asked, “Are all Accident at Work Claims Brought Against the Employer?” Good question but a better one would be: who owes you, as an employee, a duty of care? Firstly, the law, the part that’s going to show you’ve done your research and you know what you’re talking about.
Regulation 4 of The Workplace (Health, Safety and Welfare) Regulations 1992 establishes who owes the duty of the care in the workplace.
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Injured by a Stolen Car! Can You Still Claim?
So your driving along, minding your own business when another car comes straight for you, ploughing into your car causing serious injuries – you then find out it was driven by someone who had earlier stolen it, its just not your day! Can you make a claim for your injuries and if so, who do you claim against?
Claim Compensation for a Car Accident if Driver was at Fault and Drunk?
Claim Compensation for a Car Accident if Driver was at Fault and Drunk? The answer to that question is yes, you may still make a claim for compensation for the injuries you sustained however, there may be a deduction in the amount you are awarded. There are several things that will be taken into consideration when a judge is determining what compensation you should receive for injuries sustained following an accident whereby you were a passenger in a vehicle which was being driven by a person under the influence of alcohol…
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Children Suffering Burns from Hair Straightners Rising
Hair straightners have been labelled as partly to blame for an increased number of hospital admissions for children suffering burns. According to The Times, The Children Accident Prevention Trust have studied evidence that indicates that hospitals are seeing increased numbers of children who injury themselves with hot irons.
Hair straightners can reach temperatures of up to 220 Centigrade and remain hot for up to 8 minutes after being switched off and NHS statistics indicate 358 children under 5 needed hospital treatment for burns in 2006 -7.
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The MIB, Uninsured Drivers and £500 Million
Estimated figures published by the Department of Environment, Transport and the Regions in 2001 make for some grim reading, indicating that:
- Insurance evasion was running at between 4 and 6% of all vehicles in use
- Between 1 million and 1 ¼ million of vehicles on the roads were uninsured
- Accidents for which uninsured drivers were responsible cost the motor insurance industry over £400 million in 1999
- As a result each insured motorist ended up paying a further £15 to £30 premium on their policy
Insurers Pressuring Victims to Settle Claims Early
A leading road safety charity has moved to warn people against insurers who are acting to settle claims mere hours after accidents have taken place. Brake is concerned that insurers are encouraging victims to take a pay out before getting legal or medical advice. This problem with this is that, although it may be tempting to settle the claim quickly and gain compensation early, victims can be left out of pocket especially if they have longer lasting injuries. The pay outs offered are in full and final settlement of claims and mean that there is no legal option to claim any further compensation once this is agreed.
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General Damages: What are They and How are They Evidenced?
If you suffer an injury and liability is admitted by the third party then that is half of the battle won with making a claim. However, there is then a responsibility to provide evidence to support your injuries and this is part of the compensation aspect of the claim. General damages are provided in respect of pain and suffering and loss of amenity. This breaks down in to two parts:
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What is ‘Beat knee‘? It’s a joint disease, specifically known as osteoarthritis of the knee. A bursitis (inflammation of small sacs of fluid) develops below or underneath the kneecap as a result of severe or prolonged pressure on the knee, wearing away at the cartilage. This causes the joint to degenerate.
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