Personal Injury Law Blogs

Demolitions company heavily fined after worker suffers workplace accident

A demolitions company has been heavily fined by the courts after a worker was seriously injured by an excavator bucket at work.

Mr James Wilson was on his first day working as a labourer at Bloom Plant Limited on 10 January 2011 when he suffered the horrific workplace accident. On the day in question Mr Wilson was standing at the bottom of a pile of rubble, with an excavator about to start work shifting the rubble. His colleague was attaching a four-tonne bucket to the front of an excavator machine but as he was doing so the bucket became loosened and slid down the pile of rubble. It hit Mr Wilson, causing him extensive injuries, including losing his left eye, part of his scalp, and breaking his eye socket, cheekbone, jaw, nose, left collarbone, several ribs and his left leg. He also suffered a punctured lung and damage to his lip. As a result of his injuries Mr Wilson was in a coma for two weeks and needed extensive reconstructive surgery to rebuild his damaged face. It is not currently known whether Mr Wilson has or will claim personal injury as a result of his accident.

The Health and Safety Executive subsequently investigated the accident and found that there had been a number of health and safety breaches by the company, including:

  • A failure to provide Mr Wilson with adequate information, instruction, training
  • A failure to adequately supervise Mr Wilson
  • A failure to provide suitable equipment
  • A failure to implement a safe system of work

The case came to the Nottingham Crown Court on 22 November 2013. Bloom Plant Limited pleaded guilty to a breach of s.2(1) of the Health and Safety at Work etc Act 1974 and was fined £40,000, as well as being ordered to pay the costs of the prosecution to the tune of £27,500.

HSE Inspector Mr Kevin Wilson stated after the court case: “Mr Wilson suffered appalling injuries and was extremely lucky to survive.   “Bloom Plant Ltd should have provided safe systems of work with better instruction, information, training and supervision, especially as the operations being carried out were known to have serious risks. Instead, Mr Wilson was put in a position of grave danger.”

Chris Hadrill, a solicitor at Redmans, commented on the case: “Businesses have an obligation to ensure that the welfare of their employees isn’t compromised by poor workplace practices – not only can injuries at work cost businesses money in fines and civil lawsuits but they can potentially substantially affect the worker’s life itself.”

Redmans Solicitors are employment law solicitors and settlement agreement solicitors

Types of Evidence Presented in a Car Accident Case

car accident evidenceHe said, she said.  That is the basis of any lawsuit.  Each side has a story and typically the stories differ greatly.  In the case of a car collision while eyewitness testimony is important and in some cases it can be critical in proving legal liability, there are other types of evidence that can show what really happened. Evidence is defined as any information that is helpful in forming a conclusion.  An empty gasoline can near a burned down building supports the conclusion of arson.  A broken window supports the conclusion of burglary.  In the case of a car accident, there may be testimonial evidence, real evidence, demonstrative evidence, and documentary evidence which is useful for lawsuits or for insurance claims, and if you drive a car for services as Taxi or Uber, you can also compare uber insurance quotes online to find the best option for this.  When put altogether all such evidence should provide a picture of what likely happened.

Testimonial Evidence

Testimonial evidence is simply a witness relaying what he or she saw or giving an interpretation or opinion as to what something means.  An eyewitness’ account of the events that lead to a car accident is testimonial evidence.  An accident reconstructionist’s testimony as to the meaning of skid marks is also testimonial evidence.  Prior to testimonial evidence being admissible the evidence must be shown to be reliable.  For example, someone who purports to being an expert must first demonstrate that he or she is indeed an expert on the matter about which he or she will testify.  Once a witness is permitted to testify the other side will attempt to minimize the impact of the testimonial evidence by challenging its veracity, consistency, or relevance.

Real Evidence

Real evidence is the physical evidence.  It is any object that provides information as to what occurred.  The car or particular part of a car is real evidence in a car accident case.  A gun, knife, or other weapon is real evidence in a murder case.  Real evidence can also consist of photos of the scene of the accident.  It is always a good idea to immediately take photos of not just the cars involved in the accident, but the surrounding road.  For real evidence to be admissible it must be both relevant and competent.

Demonstrative Evidence

Demonstrative evidence illustrates the testimony provided by a witness.  For example, a witness may testify that one car was “halfway” into the intersection when the other car entered the intersection and collided with the first car.  Instead of leaving it up the jurors or judge to imagine the scene, the litigant could present a map or diagram of the intersection along with the position of the two vehicles as described by the witness.  This would strengthen the impact of the witness’ testimony.

Documentary Evidence

Documentary evidence is any  type of writing that supports a litigant’s position.  For example,  a police report written at the scene immediately following the accident supports each parties’ account of what happened, as well as the police officer’s observations.  Inconsistencies between what a witness says at trial compared to what is contained in the police report may negatively impact that witness’ credibility.  Documentary evidence may need to be authenticated.

Ultimately the success of a litigant in a car accident case will depend on the totality of all evidence presented.  The litigant with the most credible evidence will likely prevail.  While technical evidence from experts may objectively provide strong evidence, oftentimes for the trier of fact credibility may boil down to what makes most sense.  A sensible story usually wins over a fanciful one.

Some experts say that eyewitness testimony is unreliable.  How can an attorney prepare for the possibility that a witness may make an honest mistake and give inaccurate testimony?

How PTSD Will Effect a New Generation of Soldiers

Post-traumatic stress disorder occurs after a person has been through an intense, frightening event, such as exposure to combat. Not everyone who experiences war gets PTSD, and it is unclear why some do and others do not. Circumstances that increase your chances of getting PTSD include how intense the event was, how long it lasted, how close to it you were, how much you felt in control, if you were injured, if you lost someone close to you, and how much help and support you got afterwards.

Symptoms of PTSD

Usually someone who has PTSD shows symptoms early on, but in some people, they develop over time. These symptoms break down into four categories: reliving, avoidance, negative changes, and hyper arousal.

In reliving the event, you might have flashback episodes or upsetting memories that disturb your day-to-day activities. You may have recurrent nightmares. Certain situations that remind you of the event may evoke uncomfortable reactions.

In avoidance, you avoid places, people or thoughts that trigger memories of the event. You might feel numb, detached, unable to care about anything, uninterested in normal activities, or like you have no future.

In negative changes of beliefs and feelings, your attitude towards yourself and others changes. Activities you used to enjoy no longer interest you, and you often will feel fear, guilt, or shame.

In feeling keyed-up or hyper arousal, you are unable to concentrate, easily startled, irritable, subject to bursts of anger, have trouble sleeping, and continually scan basic situations for signs of danger.

Risks of PTSD of Those Serving in Afghanistan and Iran

Former military personnel were often in harm’s way, might have seen others hurt or killed, and may have had to wound or kill others. They were away from home for long periods of time and had to remain constantly on alert. They might have been victims of military sexual trauma. All of these factors make them susceptible to PTSD.

Other factors that make service personnel particularly susceptible include prolonged deployment time, physical injury, low rank, low level of schooling, low morale, being unmarried, and having family problems. In particular, severe combat stressors, such as knowing someone killed or seriously wounded, seeing dead bodies, being shot at, being attacked or ambushed, or receiving rocket or mortar fire increase the amount of problems with PTSD.

Help for Veterans With PTSD

If you completed active service in one of the branches of the armed forces and you were not dishonorably discharged or you were deployed to a combat zone as a member of the National Guard or a reservist, you should be eligible for VA services. PTSD is treatable, and VA medical centers, Vet Centers, and community-based outpatient clinics offer treatment. Veteran’s Affairs has special PTSD programs and clinics. If you are diagnosed with PTSD, treatments include classes on dealing with PTSD symptoms, medication, and one-on-one, group, and family counseling sessions.

PTSD and the Community

PTSD can have a harmful effect on family life. Marital problems, family violence, and children with behavioral problems are common in families where one member has PTSD. Because veterans cannot easily overcome the effects of the trauma, family members may feel discouraged, hurt, and alienated. It is imperative that families seek counseling together. An ex-service person’s return to a civilian job may be easy or traumatic depending on the symptoms of PTSD, but there is usually an adjustment period.

If you feel your PTSD due to military service is severe and you are entitled to disability compensation, contact the VA’s Veterans Benefits Administration for details on applying.

 

This article was provided by Sandy Wallace, aspiring lawyer with an interest in public health. If you are suffering from PTSD, Sandy recommends seeking psychological, medical, and depending on your situation, legal counsel.

 

Road maintenance firm ordered to pay over £200,000 after motorcyclist paralysed

A Midlands-based road maintenance firm has been heavily fined after a motorcyclist was seriously injured because of health and safety failings by the company.

Mr Glynn Turner, 47, was travelling on the south side of the A12 on his motorcycle when he collided with traffic signs at a road closure on 7 June 2010. As a result of his accident Mr Turner sustained multiple serious injuries, included being completely paralysed – he is now unable to move any part of his body or communicate and needs round-the-clock care in order to survive. It is not currently known whether Mr Turner has or will claim personal injury because of his accident.

An investigation into the matter was commenced by the Health and Safety Executive. This investigation found that there had been serious health and safety failings by Carillion AM Government Limited, the firm that was contracted to undertake the roadworks. In particular, Carillion had failed to adequately signpost that roadworks were taking place, with the first indication that roadworks were taking place just 200 metres prior to the roadworks themselves. Given that the speed limit on this part of the road was 50mph, this give motorists very little time to slow before they came to the site of the roadworks. The HSE therefore decided that a prosecution should be commenced against Carillion and instigated criminal proceedings.

The case came before the Ipswich Crown Court on 7 November 2013. Carillion AM Government Limited pleaded guilty to a breach of s.3(1) of thee Health and Safety at Work etc Act 1974 – that it had failed to take such steps to ensure, so far as was reasonably practicable, that persons not in the company’s employment who may be affected thereby are not thereby exposed to risks to their health and safety. The Crown Court held that the company should be fined £180,000 for the breach and that it should also have to pay £28,551 towards the costs of the prosecution. There does not appear to have been any comment from Carillion’s criminal defence solicitors after the judgment.

HSE Inspector Mr Sandy Carmichael stated after the judgment: “Had Carillion complied with the industry’s code of practice and correctly placed temporary warning signs to alert motorists in good time to the roadworks, this dreadful incident could have been avoided… Roadworks provide increased risk in what is already a very hazardous environment. Anyone doing work on our roads must take great care to warn road users in good time what to expect on the road ahead.”

Redmans Solicitors are specialist employment solicitors and can help you claim personal injury if you’ve been involved in an accident at work

Please note that Redmans, trading as Criminal Defence Solicitors, did not represent Carillion AM Government Limited.

Surrey firm heavily fined after worker’s legs broken in workplace accident

A Surrey-based building materials firm has been heavily fined after a worker broke both his legs in an accident at work.

Mr Martyn Powell, 41, worked for Ceme UK Materials Ltd, a building materials firm, when he suffered the workplace accident on 27 June 2012. Mr Powell was engaged in cleaning the metal track used for transporting skips on site at the time of the accident. In order to clean under the track it was lifted into the air by a hoist. However, the hoist jammed and Mr Powell attempted to lower the track by using a manual ratchet. Mr Powell was attempting to lever the ratchet when the hook broke, releasing the track, and the track suddenly fell onto Mr Powell, striking his legs. This resulted in both Mr Powell’s legs being broken and he was obliged to spend a week in hospital because of the accident. He was also unable to work for six months after the accident.

It is not currently known whether Mr Powell has or will claim personal injury as a result of his accident.

The Health and Safety Executive were subsequently informed of the accident and commenced an investigation into the matter. This investigation found that the company had failed to take adequate steps to implement or maintain workplace equipment and had not implemented a safe system of work to account for the fact that the workplace equipment could fail. The HSE investigation therefore recommended that the company be prosecuted for breaching health and safety regulations.

The case came before the Aylesbury Crown Court on 13 November 2013. Cemex UK Materials Ltd pleaded guilty to a breach of s.2(1) of the Health and Safety at Work etc Act 1974 and were fined £35,000, as well as being ordered to pay the prosecution’s costs of £10,043.

Reports are unclear as to whether Cemex UK Materials Ltd instructed a firm of criminal defence solicitors to represent them in the case or whether they acted on their own behalf.

HSE Inspector Mr Karl Howes stated after the hearing: “Cemex UK Materials Ltd had not maintained the hoist properly and that led to it becoming jammed. All machinery must be maintained regularly to ensure it is safe to work with. It is not enough to rely on reactive maintenance and only fix things when they go wrong; companies should be looking for signs of wear and tear before any deterioration leads to an incident and possible injury.”

Chris Hadrill, a solicitor at Redmans, commented on the case: “Businesses have obligations to their workers to take reasonably practicable steps to ensure that they provide suitable workplace equipment and that the systems of work – or the failure to implement such – that they have in place do not endanger their workers. In this instance the court found that the company had failed to implement such measures, and that the failure to do so had caused a serious injury to a worker.”

Redmans are employment law solicitors and personal injury solicitors based in London

The threats of asbestos

When you’re taking a refreshing walk along the beach, the last thing you’d expect is to be exposed to is asbestos. This shocking discovering was made by a man in Kent, when he spotted pieces of the material washed up on shore.

Residents have called that the popular family beach should be closed so that a proper search and clean-up process can begin. No such closure has occurred, but regular checks are being carried out to remove any traces of hazardous material. The council revealed that 15 kilos of asbestos had been removed from the beach in September. Kent Online has the full story, here.

When it’s not washing up on beaches, asbestos is typically found in factories, mines and buildings that were constructed during the 1950s. The material was prolifically used as an insulating and fireproofing material and has since been banned due to its hazardous nature. However, the dangers of asbestos remain in many buildings still to this day. Even when a house or factory is demolished, the risk of escaping asbestos is present.

What makes asbestos so deadly and difficult to treat is that symptoms can take anywhere between ten and 50 years to show. At this point, it can be hard to recall when you came in contact with the material. This is especially difficult for workers in the construction industry who have worked on countless projects during their career.

It’s vital that asbestos sufferers seek legal advice once they have been diagnosed with an asbestos related condition. Sintons are a law firm in Newcastle upon Tyne that deal with asbestos claims by making full use of the court’s fast track procedure. This helps them secure an early admission of legal responsibility from insurers of the negligent company that was responsible for your exposure.

Asbestos can lead to a number of serious medical conditions such as mesothelioma, lung cancer and asbestosis. No amount of money can make everything okay, but it does help with medical costs and supporting the family while you recover.

The owner of a cladding company in Bedfordshire was recently fined £7,015 and ordered to pay £3,200 in costs after exposing workers to asbestos fibres in a house. It’s worrying to think that the owners of these companies can put their workers in potential danger through their own negligence. If you can’t rely on them, legal action is a safety net you can. To read more about the Bedfordshire story, click here.

The Personal Injury Industry and Jackson Reforms face half-year health check

SIX months on from the introduction of the Jackson Reforms, lawyers are still getting to grips with the sweeping changes to civil litigation costs and much uncertainty remains.

A review into some problematic areas of the reforms is already underway through a team led by Justice Ramsey, with results expected to emerge in April 2014.

According to reports from some quarters, certain claimant lawyers believe it is too early for such a review to make any inroads into finding and fixing the key issues.

However, there is recognition from others within the industry that some form of reflective scrutiny is needed.

The arising problems which Ramsey, alongside District Judge Christopher Lethem and Mr Justice Stewart, are looking into include:

  • The compatibility of the bill with costs budget form precedent H
  • Litigation funding and enabling proportionately priced access to justice
  • The lag time occurring when handling case and case costs management hearings

Meanwhile, on the other side of the legal system, questions have been raised over whether the reforms have actually helped or hindered the men and women on the street.

The argument put to the industry is that what now exists is a system which places more weight on limiting the cost of claims than the needs of accident victims.

The reforms were billed as the way to stem the tide of rising insurance premiums, but there are concerns among consumer groups that targeting litigation fees does not directly – or even indirectly – affect car insurance premiums.

As the review into the Jackson Reforms gets underway, however, several prominent figures have added their suggestions as to how it should be carried out.

Among them is Craig Budsworth, chair of the Motor Accident Solicitors Society.

As quoted in trade publication The Post, he said: “Some caution has to be given to the fact further change at such an early stage may well miss some of the opportunities to understand the full impact of the reforms.

“There are so many unforeseen consequences of the Jackson reforms that we are not going to see until a lot of files are brought to litigation in 12 months or more. I welcome what [Ramsey] is doing, but with caution because there has been so much change so far and that has got to bed-in first.”
John Spencer, VP of the Association of Personal Injury Lawyers (APIL) – also speaking to The Post – suggested additional areas need reviewing.

“The regulations for damages-based agreements are in need of amendments to make them workable and ensure they are used by personal injury practitioners,” he said.

Time will tell whether Ramsay’s review into the Jackson Reforms fallout achieves its aims. Until then, problems on either side of the legal divide will continue as the personal injury industry continues to adjust.

In the meantime, those firms that have amended their infrastructure and technology are the ones that will cope best and cater for the changes that have taken place within the claims management industry.

Keep Your Head on Straight: Workplace Safety Precautions

 Staying safe in the workplace is important to your health and well-being. There are some organizations that work hard to provide employees with the correct headgear and safety training, preventing serious accidents and saving lives. Here are some of the requirements of safety headgear, and how to wear it correctly so you don’t place your life at-risk while you are on the job.

Dangerous Work Activities

Most companies that place their employees in dangerous work activities are required to provide proper headgear for their staff. The construction industry, electrical industry, mining industry, riot police, and other industries commonly provide quality helmets to their employees to protect them from brain injury.

A hard hat is essential to staying safe in many jobs. Falling objects or accidental collisions on the job can easily cause a serious brain injury if you aren’t wearing proper headgear. A hard hat will deflect a blow to the head by distributing the impact over the helmet. Some helmets are designed to cover a larger area and may include protection for the neck and face as well.

Selecting a Helmet

Employers will typically provide a helmet to their employees if their work requires one. You need to look at the approved hard hats and check them to make sure they meet industry standards. Try the hat on to make sure it fits you correctly. You might need to adjust the chin straps to help the hat stay securely in place.

Certain careers require people to wear a helmet by law, in an effort to protect both the worker and their employer. It is important that you read the regulations for your industry to know if you must always wear your helmet, or if it should only be worn at specific times. Individuals in violation of the helmet law risk losing their job, and they often won’t be properly represented in a lawsuit due to their own negligence.

How a Helmet Works

The way a helmet works is based on the shock absorbing space between your head and the shell. The suspension straps need to fit securely for the helmet to perform properly. Sunlight and sweat can rot out a helmet’s sweatbands and straps, so it is important to make sure they are functioning correctly. Replacing your helmet straps yearly or annually is a great way to prevent serious problems. It is important to inspect the helmet for any issues, including cracks or holes. If it is unable to provide complete protection to your head, it can fail at a crucial time – such as when something falls and hits your head.

When implemented properly, a company will have different colors of helmets to indicate job positions. This can help workers quickly identify a supervisor from other workers. Companies with effective policies will work hard to train their staff to always wear their helmet. The supervisors can set great examples for others by always wearing a helmet when they are working.

This article was provided by Sandy Wallace, aspiring lawyer and safety advocate. Sandy recommends researching the correct head protection for your profession and work conditions, not to mention taking time to find the perfect fitting helmet and gear to ensure maximum safety and protection.

Does Your Job Owe You for an Injury?

A recent survey conducted by the insurance industry shows that 1 in 7 employees will be injured at work during any given year. This startling statistic is shadowed by the other data revealed in this study. Of the injured workers counted in the study, less than half actually report their injury. Most employees believe that their injury is either too small to make a claim or believe that their job may be in danger if they reveal the injury.

What Employees Need To Know

1. There Are Laws In Place To Protect You. As an employee, you have specific protections under workers compensation laws to have your injury cared for when it occurs at work. According to one workmans comp lawyer in Michigan, “Injuries and illnesses covered by workers’ compensation benefits can be caused by a specific incident or by constant and repetitive stresses of the job.” You are entitled to receive all the necessary medical care to ‘make whole’ your injury, and you may also be entitled to additional compensations. You are protected from your employer firing you for making a claim against their insurance policy. In fact, you will have the right to sue your employer for wrongful dismissal if they try to relieve you of your duties due to an injury.

2. You Need To File A Report. Any injury that you receive should be documented with an injury report at your work. Regardless of size or severity, you should document all injuries. Even a small injury can lead to something larger down the road. Without that documentation, you cannot claim benefits for your injury.
3. Understand State Laws. Take a moment of your time and visit your state workers compensation website and look over the data. You will gain some useful knowledge about these laws in your state. Knowledge is always beneficial. In addition to knowing your rights, this will also help you determine if your employers possibly violating those rights.
4. Hire An Attorney. The best thing that an employee can do when they have been injured is hire a workers compensation or personal injury attorney. An attorney can help you easily navigate the workers compensation system, ensure that you are receiving the full benefits that you are entitled to, and offer you any legal advice or help may need with your employer.
5. Follow Medical Advice. It is very important that you follow all medical advice and treatment options that are given to you under workers comp. Failure to follow directions, missing appointments, or going against doctor’s orders can have your case closed immediately. The insurance company will view these actions as wither you want to remain injured and therefore are committing fraud, or that you are healed and no longer require treatment.

The most important thing, however, that an employee must remember is that their health is their greatest asset. Any injury can lead to permanent damage, and every injury deserves to receive the proper medical care. Your employer is required to cover you either under their own policy if they are a small employer or under workers compensation if they are a larger employer. Your job is not at risk, and if it is, you have other rights under the law to protect you.

 
As an author with a wide variety of employment experience, Molly Pearce shares this article to remind reader’s of the importance of knowing their employer’s workman’s compensation policies. She often writes on the topics of health, law, and human rights. She searched workmans comp lawyer in Michigan to find out more about employment laws in the U.S.

 

Sports That Are Tough on the Hips

Anatomy of a Hip Injury

The hip is a complex structure composed of several bones and muscles as well as supporting nerves and connective tissue. A ball and socket joint is formed where the femur meets the acetabulum, a bowl-like depression of the pelvis. The quadriceps, hip flexors, hamstrings, and gluteals are all muscles that support and create movement at the hip joint. The sciatic nerve is the major nerve branching off from the spinal cord and through the hip structure. Structurally, the hips are designed to absorb a lot of stress. However, they are also the body’s center of gravity and work with the lower back and thighs to produce most of the body’s power. A balance of flexibility in the hip joint and strength in the lower back, hamstrings, gluteals, and hip flexors is necessary to lessen the incidence and severity of hip injuries in athletes.

Soccer

Millions of children and adults around the world play soccer. Whether you play in a youth league or for a professional team, soccer can be very stressful on your hips. The different kicks players must execute, often from less than ideal positions, can cause tears and strains in the hip structure. Strain in the inner thigh or groin is one of the more familiar injuries, causing pain, swelling, and a loss of function.  Although soccer is not a contact sport like football and hockey, collisions do occur between players, often at a high rate of speed. Hip pointer injuries can result from collisions. These are bruises of the iliac crest of the pelvis.

Distance Running

Regularly running long distances can cause a whole different set of problems than what soccer players experience. The repetitive motion can cause overuse injuries such as stress fractures or tiny cracks in the pelvic bones. Stress fractures can be very painful and may require the athlete to take considerable time off from training to heal. Runners can especially benefit from CBG cream for pain relief and a consistent stretching program that focuses on the muscles of the hips, thighs, and calves. These muscles must work in concert through a complete range of motion to sustain proper running form over long distances.

Track & Field

The sport of track and field is made up of a number of different events, ranging from the high jump to sprints to discus throws and pole vaulting. These events all use the power of the hip structures to generate power, maintain balance, and execute dynamic movements. The more demanding events like hurdles and pole vaulting can cause acute tears and other trauma, but the more common injuries seen in track and field are from overuse. For example, the repetitive nature of practicing for running and throwing events can cause small tears in soft tissues, leading to strains and sprains. Tiny fractures in the pelvic bones can cause a lot of pain, forcing the athlete to reduce or stop training altogether.

Gymnastics and Dancing

Gymnasts and dancers perform a wide range of dynamic and powerful movements that subject the hip structures to quite a bit of stress. Jumps, landings, twirls, splits, and kicks executed quickly can cause a number of different injuries. For example, repeated jumps and landings can lead to stress fractures in the hips. These injuries can occur if the supporting musculature of the hamstrings and hip flexors is not flexible enough. Like in all sports, proper training and coaching are essential to reducing injuries, but there will always be a certain amount of risk involved to the athlete.

Byline

Vance Moreland is a freelance writer based in Biloxi, Mississippi. Vance understands the difficulties that athletes deal with on a regular basis; for assistance with hip injuries in particular Vance recommends sportsmedalabama.com.