Personal Injury Law Blogs

Council prosecuted and fined after worker falls through roof

A local authority has been fined by a Sheriff Court after a worker was seriously injured in a fall from height in May 2011.

Mr Douglas McGregor, 52, was working for The Moray Council as a labourer when the incident occurred on 27 May 2011. Mr McGregor was working on the removal and replacing of a roof light at a Council depot in Keith when the accident happened. He was standing on scaffolding batons after reaching the roof by using a ladder but one of the scaffolding batons slipped, causing Mr McGregor to slip and fall almost ten feet head-first to the ground below. This involved Mr McGregor also falling through the roof light that he was supposed to be repairing. As a result, he suffered significant injuries to his head and severe damage to the right side of his body, including a broken pelvis, a broken collar bone and fractured ribs. He was in a wheelchair for eight weeks after the accident but has subsequently returned to work (in November 2011).

The Health and Safety Executive was notified of the accident and subsequently started an investigation. This investigation resulted in a recommendation that a prosecution be undertaken against The Moray Council for failing to comply with health and safety legislation, namely a breach of the Work at Height Regulations 2005.

The matter came before the Elgin Sheriff Court on 11 July 2013. The Sheriff Court heard evidence that the garage roof light that Mr McGregor had been standing on was unstable and that it was unlikely to hold the weight of a person, as well as submissions that the working practices were unsafe and that  sufficient safeguards hadn’t been put in place to prevent injuries to the workers.

The Moray Council pleaded guilty to a breach of Regulation 4 of the Work at Height Regulations 2005 and fined the Council £4,000. It does not appear that the Council was ordered to pay costs.

Neither the Moray Council nor their criminal defence solicitors appeared to have commented after the prosecution.

HSE Principal Inspctor Mr John Blackburn commented after the prosecution: “Incidents on roofs of this type are commonplace, especially falls through roof lights, which are considered to be fragile, being unable to support the weight of persons walking on them… [The Council’s breaches] led to a worker suffering severe injuries and others being put at risk in an incident that could have been easily avoided had safety measures been in place”.

Marc Hadrill, a personal injury solicitor at Redmans, commented: “Employers aren’t expected to take any possible step to comply with health and safety laws – simply those steps that are reasonably practicable in the circumstances. The court clearly felt in this circumstance that the Council hadn’t taken the necessary adequate steps”.

Redmans Solicitors offer employment law advice and settlement agreement advice

Car Accident Aftermath: How to Handle your own Case

If you have been involved in a car accident, there is no legal precedent preventing you from handling your own accident claim and request for compensation. By using the following guideline, you can proceed with making a claim for compensation for your injuries and financial losses from an auto accident.

Procedure for Handling your own Case

• Obtain a copy of the police report regarding the accident. If the police have listed it as no-fault or undetermined fault, you will need to seek the advice of an accident engineer to determine who was at fault for the accident.
• Arrange for repair or replacement of your vehicle, and secure a rental car. Make sure that the other person’s insurance company is responsible for these costs.
• Arrange for medical care and follow up care through your Personal Injury Protection (PIP) clause of your insurance company. Make sure that the hospital and other care providers bill the policy directly.
• Calculate the extent of the injury, figure in any disability that may have occurred and determine the value of these damages in terms of lost earning potential and extended medical care.
• File a lost wage report to the PIP provider and arrange for payment of any future dates that you miss from work to make medical appointments.
• Negotiate with both insurance companies until you come up with a fair and just settlement amount that will cover all of your losses from the accident.
• Do this in a timely manner. There are time limitations for which you must adhere to make a claim for a car accident claim.

Of course, there will be other issues that may arise during this process for which you must be prepared. If the insurance company does not come to a fair agreement, you must be prepared to face them in court. You must also adhere to all court mandated timelines for responding to information requests and production of evidence. We recommend that you click for source to easily get in contact with the legal help you are looking for. 

Opt For A Much Easier Way To Handle your Case

If you believe that this process may be a little too burdensome, especially when you are trying to recover from the physical injuries related to the accident, you could opt for legal representation from a car accident attorney.

An auto accident attorney is familiar with the insurance system and with managing an accident case. They can effectively manage the insurance companies, and are equipped to see that your medical needs are met without expense to you. They can also represent you before these same insurance companies to arrange for the compensation for your claim.

Look for an attorney local to where the accident occurred to ensure they are familiar with all the applicable laws for the area. If you know someone local to where the accident occurred, ask for references. If this option is not available, an online search can be done to find local attorneys. For example, Google “auto accident lawyer in Miami FL” to obtain a list of attorneys that are knowledgeable in auto accident law in the Miami area, or the pertinent area of your accident. This is also a great time to navigate their websites to check for references or look for reviews.

An attorney knows what the legal requirements are in your state to make a claim, and they also know what the insurance companies are required to pay for, even if these same companies do not willingly offer that information.

By hiring an accident attorney you give yourself the one thing that you need the most, the ability to recuperate without stress. The body heals much faster and responds better to treatment when it is not stressed. If you are worried about financial matters, dealing with the insurance company, or researching laws, you are not in a proper frame of mind to heal.

Your health is the most important thing that you will ever possess. It is more important to heal from this accident than anything else. Allow an attorney to do the hard work while you worry about recovering.

Legal writer Lisa Coleman shares information of what needs to be done when trying to handle your own case, but encourages retaining an attorney instead. Steinger, Iscoe & Green, an auto accident lawyer in Miami FL dedicated firm, is equipped to handle the legalities for an auto accident case, including issues over any injuries sustained.

Do you know what to do if you’ve been in a car accident?

Accidents happen in a matter of seconds but can affect you for the rest of your life.

It’s an old cliché, but accidents happen. Every minute of every day, somebody somewhere suffers in a road traffic accident. Whether the accident was your fault or not it’s important to know just what to do in those vital moments after the collision occurs.

Here’s a brief list of some of the basic things you should do if you’ve been involved in an accident on the road.

Make sure everyone is safe

If you’ve been involved in an accident and it wasn’t your fault it may be tempting to get out of the car to vent your feelings at the other driver. That will do absolutely no good and could waste valuable time if someone has been hurt. Get out of your vehicle if you can, along with any passengers and ensure that everyone involved is OK. If anyone appears to be injured in any way, you must call for immediate medical assistance.

Get off the road

As soon as it is safe to do so, make sure yourself, other drivers and all other passengers are off the road and out of danger. You may not be able to go anywhere but other road users are usually keen to go about their business and continue their journeys; meaning you could be in danger of being struck by other vehicles. If your vehicles are not too badly damaged you may want to drive them to the side of the road, but if there is major damage, anyone injured is still inside, or there may be an issue for the police to investigate; always leave the vehicles exactly where they are.

Call the police

Even if the incident seems minor it’s always worth calling the police; especially if there’s some kind of dispute over the cause of the accident. The police attending will mean that the incident is recorded should any further action be taken further down the line – such as a road traffic accident claim

Exchange insurance information

Once you’ve established that everyone is safe it’s vital that you exchange insurance details with the other drivers involved. If possible take down the name of the insurance company and the policy number, but as many people don’t have this to hand you need to take down as many details as possible. Things like the driver’s name, address and phone number, along with the car’s registration plate details, make, colour and model of the car will all help when it comes to processing an insurance claim.

Approach witnesses

If there are other people nearby who saw the accident you should approach them to be a witness. Simply ask them if they would mind reporting what they have seen, though they don’t need to do anything at that moment. Simply giving their name and contact details will be enough. Should the insurance company need any information they will contact them at a later date.

Photograph and document all evidence

As well as taking down as much information as you can regarding the accident, if possible, try and photograph the damage caused and the position of the vehicles. Obviously if your car is in the middle of a busy road then this isn’t advised, but capturing that little bit of extra information might just help your case.

Get someone else to drive home

When all details have been collected, the police have left and you are ready to leave the scene, make sure someone else drives you home of possible. This may seem like a strange thing to do but following a road traffic accident you can sometimes suffer from delayed shock or even injury. Whiplash injuries can take some time to become noticeable and your reactions may be affected if you are shaken. See if someone will come and pick you up, or at least be with you in the car as you make your way home.

This article was provided by experienced writer and blogger Matt Parkinson in association with Canter Levin & Berg – Road traffic accident solicitors.

CRU Figures Expose Insurers Web of Lies in Face of Whiplash Reforms

Figures released by the Department for Work and Pension Compensation Recovery Unit (CRU) has confirmed that the total number of whiplash claims that were made last year has dropped nearly 11% to the lowest total since 2008/09, which begs the question. Why are some of the insurance companies only forecasting an estimated 3% decrease in consumer’s premiums?

The answer is simple according to Scott Rees and Co Managing Partner and that is through pure greed from those insurers who have campaigned and hoodwinked the government into believing that these reforms were essential.

Talking about the revelation of the figures Royston Smith said: “These figures simply expose the arguments of the insurers throughout the lead up and implementation of the Jackson Reforms as mere allegations of convenience as opposed to showing any real interest in helping the consumer. It is difficult to understand why any reforms were passed when these figures clearly dispute the reasoning for such large scale changes.”

“Now an entire industry is being forced to change a successful model which has allowed for both the claimant to receive the access to justice and legal firms in the field of personal injury to operate comfortably at a profitable level.”

The figures certainly do leave the insurance industry with a lot of explaining to do and will now crank up the pressure further when it comes to the price of the insurance premium for the consumer.

It is especially as disconcerting due to the fact as part of the Transport Select Committee’s Whiplash Inquiry revealing that the figures that the insurance industry presented to the government and them, was in fact dated and misleading.

Mr Smith continued: “The reforms have been implemented and there is nothing much we can do at this time, other than to learn to adapt and move on, which is what we at Scott Rees have certainly been doing. But surely now there has to be some further questions and reviews into the role the insurers have played in this entire debacle and surely when the Government comes to making a decision regarding the discount rate and the small claims limit they will look more favourably at the honest evidence the personal injury industry has presented throughout, rather than that of the insurers whose argument is based on  misleading figures and incorrect facts.”

The Justice Secretary Helen Grant announced earlier this month that a decision on the small claims limit is on hold until the findings of the Transport Select Committee’s Whiplash Inquiry, which is expected to be in autumn, whilst the debate surrounding the discount rate is still ongoing.

Scott Rees is a leading firm of North West solicitors specialising in accident claims on the road, at work and in public places

How does the UK’s elder law protect seniors?

An article which looks at laws which are being brought in to protect elderly and vulnerable people from being abused. With the UK population aging and life expectancy increasing the number of potential victims is increasing.

It is perhaps a sad sign of our times that statistics show abuse of elderly and vulnerable people are increasing each year. The vast majority of abuse is carried out by perpetrators known to the victim and are quite often the relatives the victim relies upon to help them carry out their daily life. Almost two thirds of cases of elderly abuse are carried out in the victim’s home with a quarter taking place in care homes.

The World Health Organisation raised elder abuse as a global problem in 2002 and since then many countries have tightened up their laws to ensure the elderly and most vulnerable of society are protected by law. Many types of elderly abuse are now recognised as forms of domestic and family violence which can carry prison sentences. A few family law services are starting to see an increased number of cases in this area.

What are the types of abuse?
Solicitor firms such as Dutton Gregory solicitors acknowledge there are many different types of elderly abuse reported to them. These can range from:
Physical abuse   hitting, punching, slapping as well as false imprisonment and improper medication being given to the victim
Psychological abuse   this is where the perpetrator will often use something they know is of importance to the victim and will use it to humiliate, ridicule or criticise the victim with. Silence, ignoring and shunning are also forms of abuse.
Neglect   depriving the victim of food, water, heating, clean clothes and bedsheets are all forms of neglect, as are depriving medication or other services the victim relies on.
Financial exploitation   this is a form of abuse that is worryingly increasing. This can be illegal or unauthorised use of the victim’s finances, from taking their pension payments to savings account withdrawals.

Health consequences
The consequences of such abuse can range from an increased sense of helplessness and stress to malnutrition, depression and even death.

Research into elderly care shows that an average pensions will visit their GP a little under 14 times a year, so this is once a month on average. GP’s and healthcare assistants are being encouraged to speak out and support the victim if they suspect elderly abuse. Only 2% of elderly abuse cases in the USA are raised by health practitioners and many of them cite lack of knowledge of existing laws in this area as the main reason they don’t raise the matter.

What can be done to help those who suffer elderly abuse?
Educating health professionals and carers, including family relatives, of the signs of elderly abuse are key. By more people being aware of this growing problem and perhaps being able to recognise and take action to stop it sooner, then this eventually will lead to a drop in such crime.

AUTHOR BIO:
Article written by Maria John, a freelance writer who regularly writes mental health and law related articles. Her advice if you ever suspect elderly abuse is to seek up to date legal and impartial advice from reputable law firms such as Dutton Gregory solicitors.

UK: Whiplash Capital of the World?

Recent reports have branded the UK with the unsavory title of ‘Whiplash Capital of the World’. We’ve even heard the term thrown about at Number 10. But the question remains as to whether or not the statement is in fact founded and whether context should play a part?

We read the likes of Emma Wall, in the Telegraph, telling us how Great Britain has usurped the land of opportunity, America, in fraudulent litigation with a bill exceeding a gargantuan £1billion per year, and we think, well… it must be true. The claims culture fuelled by the aggressive marketing of treacherous personal injury law firms, she goes on to dictate, has infiltrated our borders from the Atlantic. The danger with such frivolous reports and emotive proclamations is that it can often lead to knee-jerk reactions, leaving a trail of damages coupled with significant consequences.  In this particular case, the Jackson Reforms, which include the increased small claims threshold from £1,000 to £5,000; a response to the so-called ‘claims culture’ and ‘whiplash-endemic’ will affect genuine victims on a substantial scale.

And all for what? To save a mere £4 each year on your insurance premium? [According to the ABI].  This hasty move would see a large proportion of sincere claimants, 93% of litigants to be exact, unable to receive legal advice and representation from dedicated and experienced practitioners such as those at DPP Law, meaning they would either decide not to pursue for compensation or indeed face the minefield of a courtroom alone, in which case it is inevitable they will receive markedly less reparation than is deserved. It is important to consider that one may not be so forthright when the table is turned. Never mind the fact that this entire hullabaloo is entrenched in timeworn, biased evidence with a lack of milieu.  Say for instance the figures do stack up and Britons at least, have the weakest necks in Europe, then context must stand as a consideration tool.

According to the World Bank there are 79% more vehicles per kilometre of road compared to the European Average. Thus leading to the conclusion that less high-speed impact crashes occur reducing the number of catastrophic and fatal injuries whilst increasing the production of relatively minor grievances such as whiplash. And how could we forget that British drivers were ordered to ‘Belt-Up’ in 1983? The seat belt legislation was a defining factor in the increase of soft tissue injuries sustained to the neck and spinal area, of which remains today.

Our advice: Don’t believe the hype. Take a look at our whiplash infographic, which challenges the title of UK: Whiplash Capital of the World. It demonstrates some interesting statistics that are often hidden behind more profitable headlines.

Infographic - Whiplash copy

Download the Infographic – Whiplash [PDF version].

 

 

 

 

 

 

 

Work related stress compensation claims

Work related stress can have very serious consequences in terms of your physical and psychological health, but it is not a condition that is particularly well understood in the UK, and especially by a surprising number of employers.

However, back in 2010 the European Heart Journal published an of 6014 British civil servants mapping their health over an 11 year period [ in the snappily titled “Overtime work and incident coronary heart disease: the Whitehall II prospective cohort study”]. The findings of this comprehensive study appears to have confirmed what many scientists have been saying for years – that working the very long hours which are often encouraged in the UK [where, the study confirmed, the average worker’s hours exceeds that of workers in any other EU country], can lead to heart problems on top of stress, sleeping problems, emotional distress and poor digestive functions.

Work related stress arises when people have unpleasant reactions of mind or body to the undue pressure placed upon them in the workplace. It is estimated that 1.5 million people in the UK suffer from work related illnesses each year, of which well over a quarter specifically suffer from work-related stress. Such stress affects different people in a variety of different ways, depending on their individual physical and psychological characteristics, which makes it a particularly difficult condition to understand and confront. However, employers have a responsibility to look for signs that employees may be beginning to succumb to work related stress and must respond accordingly to prevent development of the condition. Unfortunately, there seems to have been a growing trend in the UK for large companies to factor the cost of work related stress compensation claim payouts into their budgets rather than working to resolve the issues that contribute to such stress.

Those who suffer from work related stress may be able to make a claim for compensation provided that they can prove the following:

1. That their employer should have noticed that they were succumbing to work related stress

2. That their employer did not take all reasonably practicable steps to ensure that they did not come to harm therefore failing to discharge their legal duty of care to the employee

Whilst these two things may have been obvious to you, they may not have been obvious to the defendant and so proving the grounds for your claim can be extremely difficult in what can be a very subjective field.

Work-related stress claims are never easy, but is for that reason that you will need legal advice from a personal injury solicitor with specialist experience of stress related claims. Appointing the right solicitor means that they can concentrate on winning a swift settlement for you whilst you focus on your recovery safe in the knowledge that your claim is in the safest possible hands.

As part of the evidence in your case, your solicitor will need to instruct one or more independent medical expert to produce a detailed medical reports with regard to your physical and psychological condition in their attempt to prove that any harm you suffered was due to the negligence of your employer..

Tim Bishop is senior partner of Bonallack and Bishop, Solicitors in Salisbury who specialise in accident compensation claims  using no win no fee agreements. Click here for advice on claiming compensation, phone them on 01722 422300 or for more information about using no win no fee agreements, visit their website at  http://solicitorsinsalisbury.co.uk.

Injured on City Property: Can You Sue?

Injured on City Property: Can You Sue?

You’d be hard pressed to find someone who hasn’t been injured due to another person’s negligence at some point in their life. If these injuries are serious enough, an individual would do well to file a personal injury claim in order to receive compensation for the hardships that they’re likely to experience.

Sadly, there may be times when it’s actually a city’s or municipality’s negligence that causes an injury, and in these special cases, there are a few things that everyone should understand.

Injuries Where a City May be at Fault

There are several instances where a city or municipality may be at fault for an injury. The main point in determining if the city is at fault, as opposed to a private party, is whether or not the property where the accident occurred is owned by the city. These properties can include sidewalks, subways, bus stations and even courtrooms.

Injuries that occur at the aforementioned areas, and any other property owned by a municipality, may put liability on the city. Slips-and-falls, or tripping and falling, are common accidents caused by slippery stairs, potholes and even uneven sidewalks on city government property. While any of these types of accidents may leave the city liable, it’s not as if they’ll just throw money towards someone. An individual will need to do a few things after their accident.

What to do After the Injury

The steps that need to be taken after an injury caused by negligence on the part of a city are much like those that should be taken after an accident that’s caused by a private party. This includes taking photographs of the scene and what caused the accident, getting names of any witnesses who saw the accident and finding immediate medical treatment for the injury.

It’s also vital to hold on to any bills received for medical treatment, and this applies whether or not they’ve been paid. Notify the city of the incident, also, but most people would do well to find an attorney before doing this. Personal injury lawyers will know all of the locale-specific laws that exist, and they’ll know exactly who to notify of the impending claim.

Problems that May Arise

It’s important to recognize that there may be some problems that may arise even if it seems as if a municipality is at fault for an accident. If someone contributed to their own accident, for instance, states that practice contributory negligence will not allow that person to collect any compensation. This means that if a person trips over a crack in the sidewalk, but they were running a bit too fast, the courts may decide that they deserve no compensation. Luckily, only five states practice this negligence rule.

Additionally, a municipality may not actually be at fault when a person thinks that they are. When the I-35W bridge collapsed in Minneapolis, MN., for instance, it was not the municipality that faced serious lawsuits. URS Corporation, a company that supposedly performed faulty fatigue analysis on the bridge, was hit with tens of millions of dollars in settlement costs. Once again, a personal injury attorney like those at the Minneapolis-based DeVore Law Office would be able to recognize who really was at fault in a situation such as the above.

Being injured due to anyone’s negligence can be stressful, but it’s especially disheartening when the neglectfulness of a municipality is the cause of an injury. When this happens, it’s important to know that there are some steps that may be taken to help lessen the burden created by the injury. Taking these steps after the accident and at the scene of the accident, all while avoiding a few specific mistakes, can go a long way in ensuring that a person is well taken care of after falling victim to an injury.

Freelance writer Richard Freeland contributes this article for those who have suffered injury on the grounds of a municipality. The DeVore Law Office is a Minneapolis based personal injury attorney firm committed to diligently fight for the rights of citizens injured in accidents, whether on government or private property.

 

California’s Jewelry Law and Who it Affects

We luckily live in a much more health-conscious world than has been the case historically. This isn’t just in relation to taking care of one’s body; we’ve become much more aware of environmental dangers, as well. For instance, things such as lead-containing paint were strictly regulated once the ill health effects of the substance were discovered. What many people don’t realize, however, is that even jewelry can have dangerous toxins in it. Because of this, it’s important to understand the dangers of shoddy pieces of jewelry and how to avoid them.

What is California’s Metal-Containing Jewelry Law?

After several high-profile events, such as the death of a four-year-old Minnesota child after ingestion of a lead-containing jewelry charm, people quickly became aware of the dangers that certain materials used in both adult and childrens’ jewelry posed. Lead, however, isn’t the only dangerous material that has been used in jewelry. Cadmium-containing jewelry can also lead to serious health consequences.

Although the Federal Government has laws governing the use of substances such as cadmium and lead, California created its own laws in relation to the two substances. When it comes to cadmium, an especially dangerous material for children’s jewelry, any piece must not exceed more than 300 parts-per-million (ppm) of the substance. The amount of lead allowable, on the other hand, can vary between no more than .02 percent to .06 percent of a product’s weight.

Dangers of Certain Metals in Jewelry

California didn’t make these laws on a whim; the simple fact is that cadmium and lead can both have detrimental side effects. Lead, for instance, can lead to organ failure, learning disabilities and even behavioral problems. Cadmium, on the other hand, may lead to diarrhea, kidney damage, vomiting and bone loss issues. Sadly, both of these toxins can lead to death.

Anyone who has gotten sick, or had a child get sick, from lead or cadmium poisoning stemming from cheap jewelry will likely need to get an attorney. The medical costs related to these types of poisoning can skyrocket, and though violators of this California law can face hundreds of thousands of dollars in civil fines, that money will not go towards helping an injured party. However, making jewelry with these materials is flat out negligent, and thus, a personal injury case can be brought forward.

Choosing Quality Jewelry

Many jewelers, especially those who sell online, have taken a financial hit because of high-profile recalls. As mentioned before, however, low-priced jewelry isn’t necessarily dangerous. It’s simply important to be vigilant when making these purchases. For instance, it’s important to choose a reputable online company when making these purchases over the Internet. Check for positive reviews from online comments.

 Also, online jewelers have become more dependable with quality because they must meet CA jewelry standards with their products, as outlined in the law, in order to ship within state lines. With this in mind, online jewelers must maintain a higher quality product. With excellent prices found for everything from affordable wedding rings to a pair of earrings, and variety made with quality as designated by today’s laws, shopping online for jewelry is more recommended than in the past.

Additionally, the website www.recalls.gov is a government website that has information on all product recalls. This means that an individual can cross reference whatever they’re about to purchase with a government database. Additionally, when a piece of non-expensive jewelry is purchased, a person should pay attention if it appears silver, but isn’t, and has a heavier weight than anticipated. This could be a sign that lead was used in its production.

It’s important to remember that low-priced jewelry is not synonymous with shady manufacturing practices and dangerous materials. Laws are meant to protect people from dangerous materials that could be used in the jewelry making process, but there is always the chance that a company, retailer or manufacturer could ignore these laws for profit. Those who follow the aforementioned tips, however, will usually be fine. Those who end up injured due to dangerous jewelry, on the other hand, should definitely seek legal help.

Legal writer Lisa Coleman encourages caution when purchasing jewelry, and to take measures to know that what you are purchasing is made with quality. Super Jeweler is a reputable online jeweler than sells a large variety of inexpensive merchandise from affordable wedding rings to watches, necklaces and earrings, for both men and women, and made with beauty and quality.

 

Common causes of scaffolding injuries

The common causes of scaffolding injuries are carelessness and negligence by employers and sometimes by employees. That sounds rather harsh and blunt, but employers are well aware of their responsibilities under the Health and Safety at Work Act 1974 and the regulations that followed in the wake of that Act. One piece of legislation in particular could not be more precise when it comes to the actions that are required to keep employees working with scaffolding safe.

Scaffolding injuries – the legal responsibility of employers

The Work at Height Regulations 2005 clearly places responsibility for the health and safety of employees working at height on their employers, managers and supervisors – in fact anybody who control their work. Briefly put, it also states that working at height must be planned, carried out by competent and adequately trained employees and that all risks must be identified and managed. It also states that the equipment used must be appropriate and adequate. Further requirements regarding equipment and personal protective equipment are included in The Provision and Use of Work Equipment Regulations 1998 and The Personal Protective Equipment at Work Regulations 1992.

If all that legislation were not sufficient there is ample high quality guidance regarding working at height from trade organisations and the Health and Safety Executive. Why then are there still so many falls from height, many of them from scaffolding, happening in the UK every day? In one sample year, 2007-2008, 34 out of 74 fatal injuries suffered by construction workers were falls from height – and that was not a particularly bad year for such accidents. The HSE statistics show that approximately 5 construction workers fall from height every single day of the year.

What are the most common scaffolding accidents?

Well, how does all this seemingly systemic negligence and carelessness in scaffolding work reveal itself? Below are some of the most common factors in accidents involving scaffolding:

• Lack of adequate health and safety training for employees working at height. This can lead to unsafe behaviour such as running and jumping whilst on scaffolding platforms or exceeding the weight limits for a particular platform.

• Scaffolding poorly erected by inexperienced workers – this can cause accidents during erection and dismantling such as falls and objects falling from the structure as well as structural collapses when people are working on the scaffolding after construction. Common scaffolding construction faults include missing nuts and bolts, poorly supported bases, loose or cracked connectors and relying for support on a building or even a vehicle.

• Lack of or inadequate weekly inspections of the scaffolding.

• Work being undertaken in bad weather conditions such as snow and ice, heavy rain or high winds.

Health and safety does come with a cost in the form of time and attention to detail and money to ensure the best materials and equipment are used and that training is provided as necessary, but failing to address health and safety also always come with a price tag written, this time, in lost human lives and endless thousands of life changing injuries.

If you have been injured in a scaffolding accident at work, you could be entitled to claim compensation.

Tim Bishop is senior partner of Bonallack and Bishop – specialist Salisbury personal injury solicitors. For more information about how to make a personal injury claim, visit their website at http://www.the-personal-injury-solicitors.co.uk or phone them on 01722 422300.