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April 20, 2011

Sporting Accidents

Sport is big part of a lot of people’s lives.  Football is probably England’s most popular sport – on a Sunday in particular, a lot of people go to their local playing fields to compete against each other in regional league matches.  Even if people aren’t playing sport, they are watching it or reading about it.  There are numerous channels on television which are dedicated to sport, and even the channels we find on freeview for example have a substantial content which focuses on sport or showing sporting events.  In the newspapers, the back pages are dedicated to sport, and some papers even have dedicated sporting pullout pages. 

There can be little doubt that sport is massive in England, and there are a lot of people who are in someway involved in sport; whether that it through direct participation or alternatively a keen interest.

For those who play sport, you will be all too familiar with the fact that injuries do occur while you are participating.  Some are minor and go away quickly, whilst others are worse and may require you to have a number of weeks, or even months on the ‘sidelines’.  In most cases these injuries will occur by chance and will not involve an interaction with any third party.  But: what if you suffer an injury because of someone else?  Even if this injury is caused by accident, can you still make a claim for compensation?
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By Author
April 20, 2011

Accidents at Work

There can be many potential hazards at work – these hazards should be minimised by your employers. Your employer may put in place training policies, checks, and inspections in order to minimise risks to your health and safety.

If you had an accident at work that was not your fault, you may have a claim for compensation. Employers have a duty to protect their staff as far as is reasonably possible from risks to their health and safety.

Personal Protective Equipment (PPE)
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By Author
April 18, 2011

Hassle Free Compensation Claiming

I envisage that there are many potential accident claims out there that are going by unclaimed.  One reason I can see for this is that people may feel it will be too much hassle to start a claim after what may have been a traumatic accident.

Well, I am here to tell you the opposite (so long as you get the right lawyer). Personal injury claiming with the right lawyer on board can be a simple process with as little hassle for you as possible. At The Injury Lawyers, we find the most stress is caused to clients when they do not know what is happening with their claim; this is why we have a policy of updating our clients every two weeks, whether something has happened or not. This not only makes sure our client is kept in the loop, but also that their claim is checked and worked on, on a regular basis.

When you start a claim there is a high chance it will come under the Pre-action Protocol for Personal Injury. This system encourages claims to settle at the earliest stage possible – i.e. before going to court – thus making the process easier on the Claimant and giving more transparency between both sides at the outset. To comply with this system, a Letter of Claim will be drafted giving a full description of your accident circumstances. Once this letter is sent to the Defendant, the clock begins to run; giving the other side 21 days to acknowledge the letter, and a further three months to investigate (normally through their insurers, solicitors, or claims representatives).
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By Author
April 18, 2011

Specialist Personal Injury Lawyers

I am guessing that after an accident you may feel fragile and not up to the task of choosing which injury lawyer to take your claim. Well, this is why we write these informative blogs – to educate and hopefully relieve the stress of being sat for hours in front of the internet assessing the pro’s and con’s of a multitude of personal injury lawyers.

When looking for a personal injury lawyer, there are a few things that you should look out for:

  1. 100% of your compensation: you should not accept anything less than your full amount of compensation. Compensation is meant to put you in the position you would have been in had the accident never have happened – if a portion of what you are entitled to is taken away, you are losing out.
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By Author
April 18, 2011

Repetitive Strain Injury

Repetitive Strain Injury (RSI) can also be known as Work Related Upper Limb Disorder. It is a general term which can cover a whole range of injuries that are due to repetitive use of a particular part of your body.

RSI’s are reported by as many as 1 in 50 workers around the UK. This large statistic is no wonder when you consider the amount of office based jobs in the UK. It is workers who are predominantly computer based, as well as manual workers, who are most likely to suffer from RSI’s.

There are two types of RSI injury. Type 1 is where a doctor can diagnose a particular injury, such as Bursitis (the inflammation of a fluid sac near a joint on the shoulder, knee or elbow). Type 2 is where a doctor cannot make an accurate diagnosis of a particular condition, but it is plain to see that the patient is suffering and that there may be some swelling.
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By Author
April 18, 2011

Accident Abroad Claims

OK – so you are a UK resident, and you unfortunately end up injured abroad whilst you were on your jollies or away on a business trip. The accident wasn’t your fault – you’re injured, upset, inconvenienced, and have lost out financially. What do you do?

You may still be able to have a claim using an English lawyer

In most generic circumstances, if you have an accident abroad, you will need to speak to a foreign lawyer or a UK based foreign law specialist about a claim. Foreign laws are different, and it’s a problem for most firms because of the differences in jurisdiction.
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By Author
April 15, 2011

Personal Protective Equipment

Personal Protective Equipment, or PPE as it is known for short, is equipment provided by your employer to protect you against risks to your health and safety. It should be of note however that they should not give you PPE in place of doing something else better to protect you, but maybe more expensive to do –  PPE should be used as a last resort where there is no other way to protect the employee.

PPE can come in many forms, shapes and sizes – it may include safety gloves, safety boots, respirators, and safety goggles, depending on the risk to the employee. Employers have a duty to provide this equipment – this duty is encapsulated in regulations within the UK. Employers should not ask you to pay for your PPE or to make any contribution for it at all.

The duties placed on employers goes even further. It is no good an employer giving you PPE and not showing you how to use it – employers should issue proper instruction and training on the use of the PPE. They should also ensure that the PPE is properly maintained and stored so the PPE offers you the fullest protection it can. Employers may have policies and regular check systems in place to ensure that their duties are fully complied with.
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By Author
April 15, 2011

Losses Information

Many people today are aware that they are entitled to claim compensation for injuries that occurred as a result of an accident. What they may not be aware of is that there is also a claim for financial losses that have been suffered as a result of their accident. These losses in some cases can be fairly substantial and form a large part of a client’s claim.

A good personal injury lawyer will advise you of your potential claimable losses from the outset of your case. This is to ensure that you keep all necessary documentation in support of your losses claim in a safe place – this documentation can vary from receipts, to wage slips. Once all your losses are compiled, they are gathered in a document known as a Schedule of Loss, or a Schedule of Special Damages. This document is then later disclosed to the other side in order to invite offers form settlement.

I have listed some of the main items of loss that we commonly claim for as part of the claims process:
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By Author
April 15, 2011

Compensation Advice for Vibration White Finger

Vibration White Finger is a condition known in the legal world as an industrial disease. This means that a person has incurred an injury as a result of prolonged activity at work over an amount of time. Vibration White Finger is a condition experienced by workers who have have a high degree of exposure to machinery which vibrates; such as drills, or chainsaws.

Vibration White Finger is also known as Hand Arm Vibration Syndrome as we now have more knowledge on the range of symptoms it may cause. Sufferers may not only get the so-called ‘white finger’ but could also experience tingling or numbness in the fingers and/or a general aching sensation which could extend through the fingers and up through the arms.  In more serious cases, it has also been reported that sufferers have lost all feeling in their fingers and even up through their hands.
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By Author
April 15, 2011

Uninsured / Untraced Driver Claims

If you have been involved in a road traffic accident and you have sustained an injury due to a negligent driver that either drove off or has no insurance, you are still able to make a claim for compensation. The usual rule of thumb is that you are able to pursue the negligent drivers’ insurance company for your compensation.  If they drive away from the scene or turn out to have no insurance, they are not able to just ‘get away with it’.  If you have been injured as a result of a road traffic accident and the other driver is not insured or has driven off, you CAN still make a claim for compensation.  This is because of an organisation called the Motor Insurers’ Bureau.  By making a claim for compensation through them, you can obtain the compensation you would have been awarded had the negligent driver stuck around or had insurance.

In 1946, the Motor Insurers’ Bureau, or ‘MIB’ for short, was set up ‘to compensate the victims of negligent uninsured [and untraced]…motorists’.  The Road Traffic Act 1988 stipulates that each and every motor insurance company must make a contribution to the MIB to fund your potential claims for compensation.  In reality, what this means is that around £15-30 of your insurance premium will go towards funding the compensation fund of the MIB.  This is why you can still obtain compensation if the negligent driver is uninsured or untraced.  This is only right.  It simply cannot be the case that because of their illegal and immoral actions that you are left to fend for yourself.  The MIB has helped a significant number of motorists injured by negligent drivers.  In 2008, the MIB settled 64,000 claims.

It is also worth noting that where the negligent driver’s vehicle is foreign registered, a claim for compensation can similarly be made through the MIB’s Green Card system.
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By Author
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