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March 10, 2011

Personal Protective Equipment (PPE)

You may guess the general topic of this blog is accidents at work – but more specifically accidents stemming from a lack of/inadequate personal protective equipment (or PPE for short).

PPE is safety equipment which is given to workers to either wear or use to protect them from risks to their health and safety. These are risks which cannot be limited in any other manner and PPE is the last resort.  PPE can include protection for eyes – i.e.goggles; protection for the ears – i.e. ear defenders; gloves; respirators or masks; or even protection from adverse weather conditions. This brings me onto a news story which I have recently read whereby a former army chef who could no longer work within this field due to contracting a non freezing cold injury. The chef worked at temperatures as low as minus 14 degrees Celsius and was not given the correct PPE for these conditions. The chef successfully sued the MOD for £150,000.

It is also noteworthy that an employer should not ask for you to pay for the PPE, or ask you to make any contributions towards it. Regulations in the UK state that it is the duty of the employer to provide the appropriate PPE to their employees. Furthermore, employers should check that the PPE is properly maintained and stored, and properly issue instructions through training as to the correct use of the PPE. Employers should then keep a check that the PPE is used correctly.
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March 09, 2011

Road Accident Claims

I think that most I us are realising that the roads are getting busier and busier. I only started driving a few years ago and I can see a marked difference in the number of cars on the road.   With this increase in the volume of traffic comes the potential increase in the amount of road traffic accidents that are taking place. If you have been in a road traffic accident that was not your fault, you may have a claim for compensation.

Road traffic accidents tend to happen most predominantly at traffic meeting spots such as junctions and roundabouts – it is these places where a lot of people may be fighting for space, thus causing a collision, or they are simply not paying the necessary care and attention to the road and fail to notice that traffic is slowing in front of them. Whilst driving in an areas such as large, multi-laned roundabouts, it also becomes apparent those drivers who do not know where they are going and trying to change lanes at the last moment or are too busy looking at their map/sat navto take heed to the traffic around them are a clear danger.

If you have been involved in a road traffic accident it is important to report the accident to police if necessary, who may want to compile a report. It is important to seek medical attention for your injuries; this not only assists with the injuries but allows the medic to place a note in your medical records. Check for witnesses to the accident and if they are present obtain their contact details as they may be able to provide valuable support to any later claim you may have.  Ensure seek the advice of a specialist injury lawyer; many law firms will give a free assessment to your claim whether they are able to take it on or not. It is advisable to seek advice directly from a law firm as there are many referral agents out there wanting your business to simply sell your claim on to a paying law firm rather than the firm who will give you the best service.
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March 09, 2011

What Losses Can I Claim For?

Many of our clients when they first approach us with a claim have many questions surrounding which losses they can claim for. All our legally trained advisors are able to answer these questions; however, we always feel it necessary to inform the wider public who may be sat at home equally unsure.

Losses from a claim can be wide ranging and can form a large part of any personal injury claim.  Compensation in personal injury claims is applied for in separate parts – there is the claim for compensation and there is the claim for losses suffered as a result of the accident. The latter is compiled in a document known as a Schedule of Loss and disclosed to the other side.

Below is a list of some of the types of losses you may claim in a Schedule of Loss:
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March 09, 2011

How Much is My Claim Worth?

This is one of the most common questions I hear at The Injury lawyers when speaking to new (and existing) clients. It’s something that most claimers want to know right from the outset of the case.

But unfortunately, answering this question is a little trickier than you might think!

As a pioneer of the online compensation calculators, we know that they can help – but only as a guideline. Ultimately, the information you put in to the calculator dictates its response. The calculator (or at least ours) matches the information you put in to it to something called the JSB (Judicial Studies Board) Guidelines, which are official guidelines we as lawyers and judges at court use to value claims.

To value your claim properly, you need:

  • A good quality medical report from a qualified medico-legal expert in the field of your injury (e.g. Orthopaedic for muscular / skeletal, Plastic Surgeon for cuts and burns, Dermatological for skin etc).
  • An experienced, fully qualified and specialist personal injury lawyer.
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March 09, 2011

Taxi Accident Claims

The Bristol Evening Post has reported that a gentleman who suffered a serious head injury after falling out of a taxi has won his claim for compensation.  It is stated that Grant Parfitt was using a black cab to make his way home from a night out when the accident happened.  As a result Mr Parfitt was left fighting for his life having suffered brain injuries and was in a coma for the best part of a month.  Fortunately Mr Parfitt’s emergency surgery was a success; however, he has subsequently been unable to return to work and can no longer play football and attend the gym.  His life has changed forever.

Because Mr Parfitt suffered life changing injuries that have had effects on him other than those directly related to his injury, the compensatory award that he was awarded would have reflected this.  For example, he would have received what is known as ‘General Damages’.  This is compensation in respect of your physical and psychological injuries.  In this case it would be for the horrific brain injuries that Mr Parfitt suffered.  Further, because Mr Parfitt was unable to resume his usual routine activities, such as playing football and going to the gym, he would have received compensation in respect of this consequence of his actor.  This is what is known as ‘Special Damages’ and is compensation relating to all your other losses which result from your accident.

The aim of a compensatory award is to put you back in the position you would have been in had the accident not have occurred.  This is typically through a monetary award that takes into account all the injuries you have sustained as a result of your accident, and all the losses you have suffered as a consequence of this accident.
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March 08, 2011

What Happens When you Have an Accident in a Supermarket

Supermarkets can be a bone of contention for some, whilst for others they are an essential part of life.  Many people can’t stand the thought of the ‘big’ weekly shop due to the hassle of queuing in traffic to get in and out of the shop car park, and the queuing at tills.   This being said however many people like supermarkets as they have everything under one roof, discounts galore, and lots of choice. Whatever your feelings on the supermarket shop I can hazard a guess that many of you would not anticipate having an accident whilst shopping in one; an accident that was not your fault. If you have had an accident whilst in a supermarket that was not your fault then you may have a claim for compensation.

You may think, like many of our client’s first think but later succeed in their claims, that claiming against a supermarket is a David v Goliath sort of situation; by this I mean it is the small individual v the large corporation. This may be true, but the outcome for many is successful and this is why firms like The Injury Lawyers are here – to use our know-how and expertise to help you and support you in getting the a successful result.

There are many potential hazards in supermarkets. These can include a spillage that has been negligently left uncleaned on the floor causing a slip hazard, an item left on the floor negligently causing a trip hazard or a poorly stacked shelf causing an item/items to fall on someone.
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March 08, 2011

The Importance of Wearing Seat Belts

With the roads being such a busy and chaotic place – everyone rushing to get somewhere, be it to work, to the shop, or taking the children to school, the importance of wearing a seat belt is and should be ever more pertinent. Thus the policing surrounding the use of seat belts has also heightened since the law was introduced.

Most people know the importance of wearing seat belts. We know that wearing a seat belt greatly improves our safety in the event we are involved in a road accident. We also know that it is illegal to not wear one. As drivers we must ensure we ourselves are wearing a seatbelt as well as the passengers in our vehicle.

In view of everything we know about the use of seat belts, there may be one thing you do not know, and probably have not considered – what are the implications of not wearing a seat belt in a road traffic accident for which you want to make a personal injury claim?  Well, in answer to this, if you were not wearing a seat belt and you make a claim, any compensation which you may be entitled may be reduced by up to 25%. In legal speak this is known as contributory negligence.
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March 08, 2011

Whiplash Claims

Whiplash is a common injury that is usually suffered after a road accident. It’s caused by the sudden jolting of your neck, either forward, backwards, or sideways. The muscles are stretched beyond their normal range of movement, and it can be an absolute pain to cope with!

Whiplash Symptoms

  • Pain in the neck, shoulders, and back (either all three, or just some)
  • Stiffness / loss of movement in the affected areas
  • Headaches, drowsiness, and sometimes a feeling of sickness – even vertigo in some cases
  • Pins and needles (normally in the arms)

It doesn’t matter whether you were hit in the rear, hit head on, were the victim of a driver pulling out of a side road or in front of you on a roundabout – the impact can easily cause a whiplash injury.
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March 08, 2011

Road Accident Claims

Being a regular user of the roads, or maybe you would say more than regular as I drive approximately 70miles a day to work and back, I have become accustomed to the hazards of the roads.  These hazards are numerous and come in all sorts of different forms.

It can be seen that a vast proportion of road accidents occur at meeting places for cars; junctions, roundabouts, and the like.  Accidents at these places are often caused by drivers rushing and not employing the necessary care and attention.

Roundabouts:

Now it is granted that roundabouts can be large and complex, with many lanes that can be confusing as to where they lead.  Yes, these situations on roundabouts, when you are not familiar with the particular roundabout, can be nerve-wracking. This being said however it is no excuse to start trying to shift lanes at the last minute, causing other cars around to panic and try to move out of your way. Much of the time on a busy roundabout especially if it is rush hour, there is nowhere for other cars to move to – and you cannot expect them to cause an accident themselves in order to make room for you. Hence from this you can see the problem that meeting at roundabouts can cause. When utilising roundabouts it is important not to panic; if you miss your exit, you can simply go round again and change lanes when it is safe to do so.
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March 07, 2011

Landlord Compensation Claims

If you live in rented accommodation, or a property owned by someone else, the onus to ensure your living space and communal areas are safe is largely on your landlord / property owner. This is of course circumstantial – if you leave a stack of your favourite DVD’s on the floor and you trip over them, or if you spill some water on the floor and forget to clean it up, later slipping on the spillage, then it’s your fault.  What I’m talking about is the condition of the premises, including the interior fixtures and fittings, being safe and usable.

To be honest, it’s rather similar to any claim against a supermarket or a shop. The building itself must be safe – i.e. floor surfaces must be even with no defects or tripping hazards, fixtures and fittings must be safe, ensuring nothing can fall off or break away whilst your using it, and the condition of the building itself must not pose a hazard to anyone.

Your landlord should regularly inspect and maintain the premises to ensure there are no potential hazards, and they should always act on any hazard being raised with them as a matter of urgency. If a resident reports that a drain is blocked and water is accumulating in a communal walkway and causing a potential slip hazard, they should get out immediately and either repair or make safe the area, cordon it off if required, or warn anyone using the walkway with appropriate signage.
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