Unfortunately, in the UK we tend to experience some pretty confusing weather; for example, one day it might be bright sunshine and the next we open the curtains to a blanket of snow! With the constant change in temperature from one end of the scale to the other, it isn’t really that surprising that our pathways and roads are in the state that they are with many holes, cracks and bumps appearing overnight.

However, this is the problem when you come to make a claim for injuries caused by these defects – as can the highway authority or council really be expected to know and repair defects that appear this quickly?

Injuries caused by falling on these types of defects can range from the minor cut to the knee and bruised elbow to broken bones and possible permanent issues so how come these cases can be so difficult and unfortunately can last for quite a long time?
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The Management of Health and Safety at Work Regulations 1999 and The Workplace (Health, Safety and Welfare) Regulations 1992 were brought in to assess risks and take action to ensure the health and safety of the users of floors.

How Employers should prevent slips and trips!

Employers should assess the risk of slips and trips in the workplace to protect both the employees and other users of the floor. Every employer should make arrangements relative to their size and organisation to review the preventative and protective measures which could be taken to avoid risks. Employers should ensure that their employees are provided with such health surveillance which is appropriate, which has regard to any risks which have been identified from their assessment.
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This isn’t a very easy question to answer. I can tell you that most straightforward claims can traditionally settle in around 6-9 months time. BUT – a new portal system that most claims are now pursued through is designed to allow for a speedy resolution to straightforward accident claims.

Before the new portal system, for most accidents the insurers would have almost 4 months to investigate a claim. Now they have just 30 business days. If your accident occurred on or after 31^st July 2013, it’s likely your claim will fall within this new portal system. There are a few exceptions, the biggest being road accidents as they have been under a separate portal system since April 2010.

So if your claim falls within the new system, it’s hard to say how long it can take as the whole process is so new.
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With the world of personal injury shaken to its core in light of the reforms that took place this April, most accident victims now find themselves being charged by lawyers if they win their case. The reason for this is that lawyers are no longer able to recover all of their legal fees from the opponent as they used to be able to. As such, the bill has fallen on to the innocent victims to pay.

But if there is one thing we cannot stand here at The Injury Lawyers, it’s the idea that clients are being charged when they have been injured through no fault of their own.

That’s why we have continued our 100% compensation promise for most types of accidents.
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The Defective Premises Act 1972 gives compensation to those who have been injured through defects due to the state of a premises they reside at. These cases are caused by a defect in the property itself, and not something which has been put into the property. For example, a door could form part of the property while a desk may not.

Who is responsible?

A person who builds or extends a property owes a duty to the person who ordered the work, and to every person who acquires an interest in the property to ensure the work is done properly with the correct materials. This duty is discharged if the building was built correctly with correct materials, unless the builder knows of a defect in the instructions and fails to inform the person who ordered the work to be carried out.
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Unfortunately, once they reach school age it’s difficult to be with them 24 hours a day, 7 days a week, and therefore accidents can/will happen where its your child who is the injured one.

So, can you make a claim for compensation if your child has been injured during school hours?

These types of claims can be very difficult, as teachers and schools can only be expected to do so much and they cannot be expected to watch children every minute of every day. However, there are certain incidents that may warrant bringing a claim. Some of the most common situations are:
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We have dealt with many claims for victims who have sustained injury following a slipping accident. It goes to prove that wet floors are dangerous and can lead to accidents and injuries. Most commonly these accidents occur in supermarkets, shops, or at work. Basically when you are out shopping in a supermarket or shop, you are on premises owned and occupied by others. This comes under the term “Occupiers Liability“. The occupier of premises (i.e. the supermarket or shop) owes a duty of care to those entering the shop. Indeed there is even a duty owed to unlawful visitors (known as trespassers). The duty owed to trespassers is less than the duty owed to lawful visitors (i.e. customers to the store).

When there is a spillage in a store it should be cleaned up as soon as possible. Until it is cleaned up a wet floor sign should be erected to warn of the danger. Even if a wet floor sign was present, this does not mean that you cannot claim. There are other things to consider, such as whether the wet floor sign was clearly visible to you. You may often see a member of staff stood close to the wet floor to highlight and warn of the danger.
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We like to think that our name says it all – we are THE Injury Lawyers; a firm of specialist personal injury solicitors who only represent victims for compensation claims. We’re a real law firm, not some claims management company who pass you over to solicitors. It’s us that advise you, and us that represent you for your personal injury compensation claim.

We have particular expertise in representing victims of serious accidents and catastrophic injuries. We have represented many victims for claims that range from a few thousand pounds to millions of pounds. So claiming with us gives you the peace of mind you need to know that we are fighting your corner for the claim.
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Personal Protective Equipment (PPE) is there to help to protect against health and safety hazards in the workplace. Under the Personal Protective Equipment at Work Regulations 1992, PPE is to be defined as all equipment in which is “intended to be worn or held by a person at work and which protects him against one or more risks to his health and safety“.

Safety and work boots are therefore seen as protective work equipment, and therefore must be worn in the work place where necessary. Such Protective work equipment should only be provided with a cost to the employer and an employee is not expected to provide their own equipment.

Both employers and employees have a duty with regards to safety shoes. Under the 1992 regulations, it states that it is an employer’s duty to ensure that all PPE provided is kept “maintained in an efficient state” and is in “good repair“. Safety shoes must be chosen sensibly be the employer so that they are suitable for the job in hand. Employees have a duty to wear the appropriate safety shoes if they are provided.
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Accidents on a motorway (as opposed to other roads) are potentially more serious due to the speeds often involved. It is said that one minor mistake on a motorway can lead to death and serious injury. We deal with many claims for injured victims following accidents on motorways. The most common accidents include rear end shunts, concertina collisions and accidents due to vehicles changing lanes. A concertina collision is basically a multi-vehicle collision. This can be best illustrated by an example – Vehicle A collides into the rear of Vehicle B, which in turn causes Vehicle B to collide into the rear of Vehicle C, which in turn causes Vehicle C to collide into the rear of Vehicle D, etc. This is a concertina collision. Concertina collisions are more common on motorways due to the speed involved and also due to the lack of space often left between vehicles.

Accidents on motorways can often be avoided if road users follow the basic principles and rules. These include leaving a sufficient space between your vehicle and the vehicle in front, only changing lanes when you are sure you have the time and space to do so safely, travelling at the correct speed etc. Motorway crashes can often be fatal so these basic rules should always be adhered to.
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