In any personal injury claim, the amount of compensation you will receive is not a figure just plucked out of the air; the figures are based on your representative’s expertise and experience but also from the Judicial Studies Board Guidelines.

This is a set of guidelines which are used in order to help your legal representative to assess your claim and the value of it.

The assessment of compensation for your injuries will consider the following:
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Tripping accident claims are probably one of the most common types of claims that personal injury Lawyers deal with.

We often see defects in the pavement and if such a defect causes you to trip and sustain injury, then it is your right to bring a claim for compensation. These claims have received a substantial amount of bad press but that should not prevent people from bringing a genuine claim. I guess the main difficulty is filtering out fraudulent claims but this applies to all claims, not just tripping claims.

In the past certain roads have become notorious as multiple claims have been made against the respective Council for accidents occurring on the same road. This can raise eyebrows as the respective Council would usually repair the defect and it appears more than coincidence when you are talking about a number of claims on the same area of pavement etc. Notwithstanding the above, a person should not be discouraged from bringing a genuine claim.
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Whatever your profession, the place where you work is likely to contain various hazards that may cause you to suffer an injury. Of course if you work with machinery there are the fairly obvious dangers of moving parts to watch out for and if you work in a place where vehicles are common place then you will need to watch out for traffic. However, there are many unobvious hazards in a workplace that you could fall foul of and a question that we at The Injury Lawyers are often asked is; “Can I claim against my employer?”

The answer is that while you are at work your employers have a responsibility to keep you safe from hazards that it is within their power to prevent – for instance, they should provide guards to cover the moving parts of machinery and therefore reduce the risk of you injuring yourself. So if you are injured as the result of an accident at work then yes you could be entitled to claim against your employer.

However, that is not the end of the story and for most people contemplating a claim against their employer they will be worried about losing their job or suffering at work as a result. In actual fact, employers have responsibilities in this respect as well. All employers are required to hold insurance policies that cover their employees under the Employers’ Liability (Compulsory Insurance) Act 1969.
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In a claim for personal injury and loss you can claim General Damages for pain suffering and loss of amenity (PSLA). This covers compensation for your injuries sustained in the accident or the illness developed due to exposure at work etc. In addition to General Damages you can claim Special Damages. Special Damages can include things like loss of earnings (say because of the injury sustained you were not able to work for 1 month), damage to property (say you tripped over a raised slab and as a result you ripped your clothing). You can also claim for care and assistance, this is another head of loss which comes under Special Damages.

Care and assistance covers all the things that you were not able to do as a result of your injuries. Say you tripped and broke your arm; you may need help from you partner, daughter, son etc in getting dressed. You may also need help with household chores such as ironing, cooking, cleaning, preparing meals etc. You may need help with gardening or cleaning the car. Care and assistance covers things that you did before the accident that you are not able to do following the accident due to your injuries. Family members and friends will of course provide you with the care, such as helping you to get ready, free of charge. However you are entitled to recover Special Damages from the Defendant. It is settled law that the Claimant (the person bringing the claim) is entitled to recover damages in respect of the fair and reasonable value of such care and domestic assistance.
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In the Motorcycling Manual, it is permissible to undertake traffic, but only if the traffic is slow moving in queues or signalling to turn right, or if the motorcyclist is turning left at a junction.

Liability in accidents involving a motorcyclist undertaking traffic are not clear cut and liability is often split between the parties for the simple fact that both parties will probably have been negligent in not keeping a proper look out for each other.

In the case of Fagan V Jeffers and the Motor Insurers Bureau the motorcyclist was travelling to the left of two lanes of traffic and collided with a vehicle which turned right across them. The vehicle was turning right through “Keep Clear” markings on the road.

It was held that both parties were equally to blame for the accident. The motorcyclist for failing to keep a proper look out for turning vehicles whilst performing a dangerous manoeuvre and the motorist as he should have been aware that there was sufficient room for a motorcyclist to travel on the left of the traffic.
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In this tough economic climate, many people have opted to volunteer at workplaces, perhaps with the hope that later down the line a job may become available for them. Others may volunteer as a personal choice as they may have retired and although are not interested in a wage paying job, still wish to go to work in the morning.

Unfortunately, just because you are volunteering does not exclude you from the possibility of sustaining an injury in the workplace. However, many may think that as you’re “just volunteering” you’re not entitled to make a claim – however this isn’t the case…
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A large chunk of the population work in the private sector and it is arguably one of the most thriving sectors at the moment in these dark economic times with the government encouraging employment growth. We depend upon private sector workers in our everyday life- however like any other type of employment accidents unfortunately do occur and therefore you may be entitled to claim compensation.

Accidents in the private sector could be arguably more common as the duty to impost health and safety in the workplace is left solely to the employer who may chose to run things inadequately.

We all rely on our jobs heavily- they give us our wage which consequently allows us to live comfortably and of course splash out on some treats every now and again. Therefore being involved in an accident which consequently leaves you unable to work can cause much more than financial worry and therefore here at The Injury Lawyers we fight to not only get you the compensation you deserve but also to recover any losses and help with any psychological injury.
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Being involved in an accident can be a stressful and confusing time and therefore many people often are left at a loss as to what to do next in relation to making a claim for compensation. This should not be the case as the Civil Procedure Rules (the legal rules that govern civil claims) are in place to ensure making a claim is as simple as possible.
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Working with hazardous substances can, as the name suggests, be hazardous. Extra caution should be taken and appropriate Personal Protective Equipment (known for short as PPE) should be provided. PPE could be in the form of gloves, overalls, goggles, masks or whatever other equipment is necessary to make the job as safe as possible and to protect workers from harm.

Governing this area of law is the Control of Substances Hazardous to Health Regulations 2002 (COSHH).  Substances hazardous to health can include chemicals, products containing chemicals, fumes, dust, vapours, gases, germs etc. These substances are covered by COSHH but things like asbestos and radioactive substances are covered by alternative Regulations. COSHH is covered extensively by the Health and Safety Executive on their website.

Some substances have exposure limits. This obviously means that exposure to that substance whether it is through breathing in fumes or by skin contact etc is limited. With some tasks a permit to work may be required to carry out a certain task which involves some contact or potential exposure to hazardous substances. A permit to work would be based on a risk assessment to ensure that all potential risks and precautions are taken.
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Our society relies quite heavily on oil production, but it can be a dangerous industry for employees. There are a great number of day to day risks for oil workers whether it be cleaning up oil spills or working around refinement machinery. It is not actually oil itself that is the main danger it is more the environment in which oil workers work in, such as an offshore oil rig.

The machinery used to try and refine the oil can be dangerous. An oil rig is a dangerous place to be. Cleaning up oil spills can be dangerous as people could be exposed to toxins in the air and many of the dispersants used to clean up oil can be dangerous to humans. When used correctly dispersants can be an effect method of response to an oil spill. Dispersants are capable of removing large amounts of certain oil types from the sea, but that is a science in itself for which the details are quite technical.

Dispersants pose a risk to the health of humans as well as to the life of animals including fish, birds etc. One of the dispersants used at the BP oil spill was Corexit 9527A which contains the toxin 2 Butoxyethanol which can cause injury to red blood cells, kidney or the liver with repeated or excessive exposure. Past exposure to Corexit 9527A has led to health problems including blood in the urine and kidney/liver disorders. Unsurprisingly this has led to compensation claims.
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