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If you are exposed to vibrations for prolonged periods of time, it may be that you will end up suffering from Hand-Arm Vibration Syndrome (‘HAVS’) or, as it was previously known, Vibration White Finger. It is common for people, like manual labourers, who work with vibrating work tools such as power drills or chainsaws on a daily basis to end up suffering from HAVS.
The common symptoms of this syndrome are a feeling of numbness in your fingers, or, in fact, your fingers may even turn white. If you work with vibrating equipment and have any of these symptoms, it is best, as is this case with any injury suffered, to seek medical advice. Each year thousands of people are diagnosed with this industrial disease. Interestingly, it is estimated that around 1 in 10 people who work with vibrating work equipment will at some point notice the symptoms of HAVS. In the last seven years the Government has compensated thousands of people suffering from HAVS in a sum reaching over £100million.
If you believe that you are suffering from HAVS and you have sought medical advice the next step is to contact a quality injury lawyer who can advise you on your potential claim. Under The Control of Vibration at Work Regulations 2005, your employer owes you a duty of care to ensure that you are exposed to the minimum amount of vibrations as possible. If they fail in this duty then it may be that you deserve compensation. Essentially, your employer should ensure that you are not unnecessarily exposed to vibrations when at work, that where you are required to be exposed to work with vibrating tools this is limited, and that you are taught how to properly use these tools.
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So, here’s the situation: You have been unfortunate enough to have been involved in a road traffic accident, and as a result, you have sustained an injury – let’s say whiplash. It is clear from a legal perspective that your accident is not your fault; it is the fault of the negligent third party driver. This means that you are entitled to compensation.
The negligent driver’s insurers get in touch with you and say something along the lines of ‘it looks like the accident was not your fault, and yes, we can see you were injured. We are really sorry about this and we realise we should compensate you; so here’s £500.00’. Naturally, the thought of £500.00 is quite appealing I would imagine; especially if your whiplash is not too severe. You accept, but later realise your injury was much worse and needs more attention, and you believe you should get more money. Problem: By accepting the £500.00, you have settled your claim and left yourself undercompensated. At The Injury Lawyers we hear of this on too many occasions. The technical name for this is ‘Third Party Capture’. This blog sets out some free advice for those who have been involved in a road traffic accident.
If you have been in a road traffic accident which was not your fault, and you have suffered an injury, it is likely that you are due compensation. It cannot be stressed enough how important it is to seek legal advice for your potential claim. And I am not just saying this to ensure the income of solicitor’s. Don’t believe me? Well, give The Injury Lawyers a call. Our advice is 100% free and there are absolutely no strings attached. If you want, you can take our advice and look elsewhere for another legal representative – not a problem. We are happy if you’re happy, and we are also happy when people do the sensible thing and seek free legal advice. At least this way you do not under settle your potential personal injury claim and are left with no option but to rue this decision.
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Road Traffic Accident Claims – A New, Faster System
It has been recognised throughout the legal world that personal injury claiming as a result of road traffic accidents are on the increase. This is one of the reasons why the system with which solicitors deal with road traffic accidents has changed. Road traffic accidents that occurred after 30th April 2011 between a value of £1000 and £10,000 must now be dealt with under a new system. This system is simpler, faster, and much more stream-lined than the old system that was in place. One of the reasons why the system is faster is that everything is completed electronically – therefore making the exchange of documents with the other side instantaneous. The system comprises of 3 stages; each one I will set out below.
The first stage is where the Claim Notification Form is filled out by the Claimant with the help of a solicitor. This form aims to set out all the circumstances of the road accident and is the first item the Defendant will receive with regards to your claim. Within 15 business days of this being sent, the other side should respond with a decision as to whether they admit fault or deny fault.
If fault is admitted on your claim, it proceeds to Stage 2. If liability is denied, it then drops out of the system and it is for your solicitor to assess the prospects of your case, and upon this review, decide whether to proceed with your claim.
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The workplace can be a pretty dangerous place to be in; particularly if you work in a factory or on a constructions site. The dangers we could potentially face in the workplace are minimised or cleared by the numerous amounts of Health and Safety rules and regulations that all employers and employees are legally required to adhere to. In theory, if all employers and all employees stick to these rules, the amount of compensation claims being made would be very small.
When your employer fails in the important duty of care they have for your health and safety, and you are injured as a result, you are entitled to make a claim from the insurance your employer has a legal responsibly to have in place.
So – what can they fail you on, and when can you make a claim?
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Recently there has been much discussion in the news regarding the state of our highways – this has mostly been about potholes. An article on Sky News states how councils cannot afford to pay the 10 billion pounds needed to get our highways back up to a good state of repair. Furthermore, a report from the Asphalt Industry Alliance states how councils in many instances have been unable to repair potholes caused by the cold weather at the end of 2010 before the cold snap hit again in 2011. So, we can see from the media there is a problem with the state of our highways, and these funding issues may remain for some time. So, it seems like a good time to discuss potential personal injury claims that come as a result of pothole damage.
A pothole can be a tripping hazard to pedestrians, or a hazard to any vehicles driving over them. Vehicles such as motorbikes, mopeds and bicycles are particularly vulnerable when it comes to defects on the road surface; potentially causing catastrophic accidents.
If you have suffered an injury as a result of a pothole, and it was not your fault, then you may have a claim for compensation. It is advisable to get the advice of a specialist personal injury lawyer with pothole related claims, as many of them can be complex. It can firstly be a complex issue to ascertain who has responsibility for the land – i.e. does the council have responsibility for it? If so, which council? Is it a private owner? Secondly, it can be difficult to actually get the council to admit fault.
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Motorcycle Accident Claims Advice
We all know that you are far more likely to be seriously injured in a motorcycle accident than you are in a car accident. Unfortunately, despite numerous campaigns to maintain awareness of motorcyclists for road users, accidents are still happening.
It’s an obvious statement to make – motorcyclists are far harder to spot on the roads than cars / vans / lorries. People are often looking out for cars and any other larger vehicles when emerging from a junction, changing lanes, or entering on to a roundabout. Drivers often fail to consider the presence of a motorcyclist, or even fail to spot one. We have the “look, look, and look again” rule – personally its “look, look, look again, then look again for good measure” with me; and I’ve not been in an accident in my years of driving so far! (Touch wood).
But more to the point – what can be done if you become the victim of an accident as a motorcyclist, or even cyclist?
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Have You Suffered Financial Losses as a Result of an Accident?
Many clients that approach The Injury Lawyers are aware of their right to claim compensation for their injuries. However, upon beginning to advise or clients regarding the other losses they may be able to claim for, there seems to be a lack of knowledge and understanding. We believe that all our clients, as well as any potential claimants out there, should have a good understanding of what they are entitled to claim for.
Claiming for losses in a claim for personal injury can be a complex issue – so it is always advisable to seek advice from a specialist personal injury lawyer. A lawyer should be able to fully advise you regarding your losses. Once a lawyer has gained information about your losses, they should collate these in a document known as a Schedule of Loss. This document will only contain your financial losses as a result of your accident; the compensation for your injuries alone will be dealt with separately.
Below, I have listed many of the more common items you see on a Schedule of Loss. This list is by no means exhaustive – full advice regarding losses should be gained from a specialist personal injury lawyer.
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A Quick Guide to Road Traffic Accident Claims
So, you have been involved in a minor road traffic accident, and as result your vehicle has been damaged, and you have been injured. Well, in all likelihood, if the road traffic accident was not your fault, or even if it was only partly your fault, you are entitled to make a claim for compensation. After all, you have suffered an injury at the hands of a negligent third party driver.
So – how do you go about this? The first thing you should do is get all the other drivers details and then attend your GP or hospital so that they can check you over and make sure that you are okay, and provide any medical treatment if needed. Then, once all this is done, you should get in touch with an independent, quality personal injury lawyer, like those at The Injury Lawyers, with plenty of experience in this area of law and who can provide you with legal representation at no cost to you. Once you have done this, your professional injury lawyer will be able to guide you through the claims process which I will now outline:
On the 30th April 2010 the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents deals with your compensation claim. Where your injury is likely to be worth less than £10,000, this Protocol outlines the process that your lawyers must carry out to help you get your compensation as fast as possible! You will firstly be asked to fill out a Claims Notification Form (‘CNF’). It is a straightforward form but do not worry if you get stuck at any point – The Injury Lawyers are just a phone call away from being able to happily assist you. We always review your form in any event so you have nothing to worry about.
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I would hazard a guess that many of you reading this blog may think you know what ‘no win, no fee’ means. The title seems fairly self-explanatory – i.e. if you do not win your case then you do not have to pay a penny.
Well, I suggest that you consider the following scenarios:
What do you have to pay if you win?
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A common problem with road traffic accidents is that neither party wish to accept fault for the accident. I know of many clients who after a car accident which may be obviously the other drivers fault but upon speaking to them they not only say it was not their fault but also try and pass the blame onto you. This can often lead to lengthy negotiations in personal injury claims and sometimes fault may be split in terms of a ratio say; 70/30 or 60/40.
Obviously we want to prove that the other is 100% at fault for the accident, and in many cases this can be a straight forward and relatively simple process. The topic of this blog is Rear – End Shunts – the reason being that liability in rear end shunt cases is usually easy to establish. A rear end shunt is a term used to describe a car hitting another car from behind. In these cases, it is highly likely that liability will be admitted by the other side, as it is often fairly apparent that fault lies with the driver who came from behind and hit the car in front.
Because of the straightforward nature of these types of cases, most of our clients who have been involved in rear end shunt accidents have a speedy and successful conclusion to their case. Accidents that happen after the 30th April 2010 are in a simpler more streamlined system which means that insurers have to respond with their liability decision within 15 days of the claim notification form being sent. This is opposed to the nearly 4 month period they had under the old system. This means that many of our clients who have been in rear end shunt accidents after the above get their claims concluded in a much quicker time frame.
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