Personal Injury Law Blogs

Employer’s liability for injuries sustained in the workplace – an introduction

Accidents in the workplace are extremely common – in 2011/12 173 workers were killed in accidents at work and 111,000 injuries occurred in the workplace (HSE statistics). If an employee is seriously injured by such an accident then they may wish to pursue their employer for any losses that they’ve sustained because of their employer’s unreasonable failure to comply with a statutory duty or if their employer has been negligent. You may wish to instruct a personal injury solicitor in such circumstances. We’ll take a look at these actions in this post and will do so by looking at the following issues:

  1. What potential actions can an employee pursue if they’re injured in the workplace?
  2. Can I bring a claim for breach of statutory duty?
  3. Can I bring a claim for common law negligence?
  4. What should I do if I’ve suffered an injury in the workplace?

What potential actions can an employee pursue if they’re injured in the workplace?

If an employee is injured because of a workplace accident then they may wish to pursue a remedy to compensate them for the pain and suffering that they’ve endured and the potential loss of earnings that they’ve sustained. There are two potential options open to employees if they wish to pursue such a claim – a claim against their employer for breach of statutory duty and/or a claim for common law negligence. These are two very different types of claim and we’ll have a look below at what an employee would need to show to succeed in such a claim.

Can I bring a claim for breach of statutory duty?

If you’ve suffered an injury in the workplace that was your employer’s fault then you may be able to bring a claim for breach of statutory duty. In order to succeed in such a claim you would need to show that:

  1. Your employer had an obligation to reasonably comply with a statutory duty
  2. That your employer failed to comply with the statutory duty
  3. That the failure to comply with the statutory duty caused you harm
  4. That there is no defence that your employer can use to defend against the claim for breach of statutory duty

Can I bring a claim for common law negligence?

Again, if you’ve suffered an injury then you may wish to pursue your employer for the common law tort of negligence. You can pursue such a claim in addition to a claim for breach of statutory duty, if you so wish. In order to succeed in such a claim you would need to show that:

  1. Your employer had a duty to take reasonable steps to prevent harm to you (the employer-employee duty is a well-established one)
  2. That your employer breached this duty by unreasonably failing to uphold the required standards in the workplace
  3. That this breach caused damage to you
  4. That there are no defences that your employer can use to defend your claim against it

What should I do if I’ve suffered an injury in the workplace?

If you’ve suffered an injury in the workplace then it is advised that you contact a personal injury solicitor as soon as possible so that you can assess whether you have a viable remedy against your employer.

Redmans Solicitors are compromise agreement solicitors and settlement agreement solicitors based in London

5 Most Common Causes of Injury at Work

Workplace injuries are very common and disruptive to the lives of employees and businesses. Certain types of injuries as a result of negligence are more common than others and should be addressed by employers to avoid unnecessary liabilities. Listed below are the five most common types of injuries in the workplace, according to insurance companies.

A common type of injury in the workplace is an injury caused by objects falling on or striking a person. A coworker may accidentally drop an object that hits another employee on the head or foot, or may strike a coworker while using force with an object. This injury commonly occurs when an employee is not paying attention to the presence of other employees, or when protective gear in dangerous environments is not worn.

Another common type of workplace injury is a reaction injury. This type of injury results from moving rapidly to dodge a moving object or as a result of being startled. Similarly, this type of injury can result from employees not paying attention to their environment and the presence others.

Falling from heights is another common type of workplace injury. This type of injury may occur when climbing on objects or a ladder to reach an elevated object. This type of injury can be avoided by using proper equipment and techniques to reach elevated objects, as well as by using protective gear in case of a fall.

Slipping or tripping is another common type of workplace injury. This can result when leaks or spills are not promptly removed, or when objects such as cables get in the way of foot traffic. Employers must train employees to report leaks or spills, and must create conditions that allow workers to move about with ease.

The most common type of injury in the workplace is injury from overexertion. This may occur when an employee improperly lifts a heavy object such as a box by using his or her back, or by pulling a muscle when lifting an object that is too heavy. Employees should only lift objects they are capable of lifting, and must be taught the proper techniques to lift objects to avoid injury.

Properly training employees on workplace safety can prevent employers from experiencing loss of productivity and liability from workplace injuries. Employers must ensure that the workplace is safe and that regulations are being followed. There must also be open communication between employees and employers so that employees can voice any concerns they might have regarding unsafe conditions in the workplace. In case of an injury at the workplace resulting from negligence, employment solicitors may be able to assist one in assessing the strengths and weaknesses of initiating a claim to recover the costs resulting from such negligence.

Author Bio

Jonathan Gordon is a freelance copywriter who writes for a variety of websites, including a number of family solicitors.

Could We See an End to Bogus Whiplash Claims?

The Ministry of Justice have started a consultation on reforms with the aim to reduce the epidemic of claims we are witnessing here in Britain. According to statistics there are now 2.7 claims for whiplash for every accident that involves someone in the vehicle being injured.

The Numbers:

If a change comes out of this reform and the Government moves to clamp down on bogus whiplash claims the average motor insurance premium could be reduced by £50 a year. The large amounts of claims are currently costing each motor policy holder around £90 a year. Insurers now pay out £2 billion each year in compensation and legal costs for whiplash.

The total number of all injury claims made from road accidents has increased from 519,000 in 2006 to 828,000 in the past year. However, interestingly the total number of road accidents has fallen by one fifth.

Crash for Cash

The new reform hopes to clamp down on ‘crash for cash’ gangs; these are people who willingly get themselves involved in road traffic accidents in order to gain a financial benefit. ‘Crash for cash’ fraudsters will often stage accidents by deliberately crashing into each other in order to make insurance claims or will make insurance claims on accidents that haven’t even taken place. They will also attempt to cause innocent drivers to crash into the back of them meaning they can then make a bogus insurance claim and also claim for whiplash – it’s these sorts of things that the Government need to stamp out in order to reduce motor policy premiums.

The Problem:

We live in a world where it has become acceptable to claim £2-3,000 for an injury, even if there isn’t one – or it was so minor it was nothing that a few painkillers couldn’t fix. The problem is that whiplash claims are really difficult for insurers to disprove – it’s not something that shows up on scans or x-rays, meaning claim companies and insurers have to rely on the honest of the British public.

Call for Effective Diagnosis

The Ministry of Justice have plans to come up with an action plan which will support effective whiplash diagnosis with the help of medical experts as well as simplifying the process to ensure that genuine victims can make a claim and receive the compensation they deserve.

There are, unfortunately, a large amount of people each year that are badly injured after being in a road traffic collision that need and deserve to claim as they have lost money due to being off work or more importantly have lost some of their quality of life.

Not only will effective diagnosis for whiplash ensure that genuine claimants receive a pay-out quickly and efficiently it will also reduce the chance of fraud – lowering insurance premiums in the long run.

If You Do Genuinely Have Whiplash…

Whiplash is where the ligaments in your neck have been overstretched causing a sprain, it can lead to stiffness and loss of movement as well as headaches. It can be very painful and if you believe you or a loved one genuinely has developed whiplash after being involved in a road traffic collision you should go to the hospital and get it checked out, contact your insurer as well as a claims company.

This post was written by Meredith Watts on behalf of Claim Advance, specialists in road traffic accidents and personal injury claims, helping you receive the compensation you deserve.

Understanding the Claims Process After an Accident

A car crash can be a frightening event, and even the least damaging of accidents can turn into major inconveniences. In the unfortunate instance that you are involved in an accident, you will need to file a car accident claim. It will benefit you to understand the ins and outs of the claims process in order to recover the full amount of money that you deserve.

After taking the necessary preliminary steps after an accident, like calling the police and filing an official accident report, exchanging information with the other driver(s) and collecting any evidence, you will need to begin the process of filing a claim. This starts with making a phone call to your insurance company. Your insurer will then send out a claims adjuster to investigate your claim. During this investigation, they will determine who is at fault, assess damage that was done to your vehicle, review your coverage and deductible and assess any injuries that you may have sustained during the accident. After the initial assessments, it will be determined whether your claim is a simple claim or a complex claim.

Cases in which there is no question in regards to what occurred and who was at fault in the accident, the adjuster will likely only need to simply get an estimate for the cost of repairing the car before they pay you the cost of your repairs minus the deductible. Simple cases are fairly open and shut, with few complications. Some auto insurance companies have participating body shops that they will recommend, although you are not required to get your repairs done there. If you do choose one of their participating mechanics, you will usually get your estimate and a general overview of repairs on the spot. Some insurers will also offer to pay a doctor’s bill on the spot, and ask you to sign a release form.

In complex or difficult car accident claims where fault is an issue and is yet to be determined, there are serious injuries or unusual circumstances surrounding the accident, the insurance claims process can be more embroiled. In this type of case the claims adjuster will typically contact everyone involved in the accident, including drivers, passengers, witnesses and any officials who were at the scene of the crash. They may conduct interviews, take photos, obtain recorded statements, look into certain traffic laws, and review damage and hospital records, as well as other in-depth research to determine who was at fault. Depending on who was at fault and which state you live in, difficult claims could vary from a simple negotiation with an insurance company to a personal injury litigation.

Take precaution when speaking with insurance adjustors. Their goal is to save money, therefore can and will use anything you say against you. The best thing to do is avoid talking to them altogether, and allow your car crash attorney to handle all conversations with the insurance companies. Lawyers will almost always offer a free consultation. Hiring the right attorney can save you plenty of money and hassle.

Health & Safety of Industrial Doors

Roller shutter doors are perfectly suited to industrial properties. They can improve the level of security, make the most of limited space and improve energy efficiency, so it’s easy to see why they are such a popular choice for a range of commercial companies.

As an employer, you have a duty to adhere to health and safety legislation in order to protect your staff and members of the public who might be working with or in the vicinity of your roller shutter doors. Since these doors are run on electric mechanisms they are classed as a piece of machinery and as such must comply with the government’s “Supply of Machinery Regulations”

So how can you be sure that you are meeting this legislation? Follow this simple guide to find out more.

Manufacture

The simplest way to ensure that your roller shutter doors comply with the Supply of Machinery Regulations is to ensure that every one of your doors has been manufactured in accordance with BS EN 12453 : 2001. This is an international standard that relates specifically to power operated doors, and ensures that the doors meet a minimum performance requirement.

Safety Devices

Motor Device
The single biggest cause of death or injury relating to roller shutter doors is a lack of in-built safety devices in the motor. Without a device to limit the force of the door as it opens or closes, anybody who comes into contact with a moving door is at risk of suffering impact or crush injuries, so you should aim to purchase doors that have devices fitted as standard.

Dead Man Switch
If your roller shutter door does not feature a motor safety device, it should be operated by a dead man switch. This means that the door must be manually opened or closed by a member of staff, who should have the door in plain sight so that they can ensure nobody is in the vicinity of the door while it is in motion. Because the switch on an industrial roller shutter door must be held down continuously for the door to move, it will stop immediately if released.

Brake
A safety brake is another device that contributes towards roller shutter safety, since it prevents the shutter from dropping suddenly in the event of a failure in the motor or any other integral part of the door mechanism.

Maintenance

To ensure that your roller shutter doors function properly for as long as possible it is vital to cover them with an on-going maintenance contract. Doors should be serviced at least once or twice a year by a professional engineer who can carry out minor repairs or provide advice about the need to replace any doors or parts. By carrying out regular inspections you can help to detect signs of wear and keep your employees as safe as possible, whilst also helping to save you money by prolonging the life of your doors.

To find out more about the Supply of Machinery Regulations, you can read the full report at the official home of UK legislation.

This post was written by Nicky Hand. To ensure that you are meeting all of the vital health & safety standards that are required for your staff, talk to AC Garage Doors about your next installation of roller shutter doors.

Preventing Fatalities in Public Transportation

According to the Center for Disease Control and Prevention, over 120,000 accidental deaths occur every year. The majority of these incidents occur in public places like parks, schools, transits, and businesses. Transits are a major concern because of the likelihood of fatalities or serious injuries in accidents on buses, trams, and trains. By practicing basic safety procedures and getting these work uniforms by Total Image Group for their workers, business operators can prevent public fatalities and protect the public from injury.

How Accidents Occur

When an accident occurs, it’s usually due to negligence. Whether it’s the business, the victim, or a third party, someone is always responsible. Trains and buses have standards and codes that must be abided by, but overworked employees don’t always follow policy. It’s as easy as setting a heavy box on a weak shelf, or failing to conduct a routine check on a public bus. Sometimes it’s the victim’s fault, like falling down an escalator. Fires, electrocution, collisions, falls, drowning, and choking are examples of common accidental deaths, all of which should be preventable in public transportation.

Prevention of Incidents

Businesses should practice stringent procedures to avoid unnecessary injuries or deaths. Emergency rooms across the country see twenty-nine million injuries per year, the majority of these injuries are due to collisions. On public transit, drivers and engineers should be well trained, attentive, sober, competent, and cautious. Buses and passenger trains should have passenger safety tips posted visibly for all to see. Many technical glitches can occur on transportation vehicles and trams, and these glitches pose a serious threat to public safety. Wheels and tires should be checked, along with brakes and transmissions.

The following is a list of generic safety guidelines that all businesses can follow to prevent deaths in public places.

Smoke detectors and fire alarms – These basic tools not only prevent fires from breaking out, but they also warn others of danger and extend an opportunity to evacuate.

Safety signs displayed for hazards, such as watch your step signs – Falling is one of the most common examples of preventable injuries. It can be difficult to notice when a clean floor is wet, so having a sign tells people to either avoid the area or to tread carefully.

Adequate lighting – Proper lighting goes a long way toward preventing accidents such as falls, cuts, and other operator or user-related accidents. People are less apt to make fatal mistakes in the workplace if they can see their environment.

Routine maintenance checkups – Routine checkups ensure proper functioning of equipment. Checkups also prevent electrical fires and electrocutions.

Proper work oversight – Managers can prevent accidents by checking the work of employees and monitoring the working environment.

Employee hygiene policies – By encouraging employees to wash their hands, businesses can prevent the spread of disease. This is especially important for public transit, which carry thousands of people through the flu season. An infection can be as deadly as a fall.

Emergency Response

Response to an emergency plays a major role in preventing public fatalities. Employees should contact the authorities immediately in the event of an accident. Buses, trains, schools, and businesses should display a list of emergency contacts, including the local fire and police departments. Fire extinguishers should be clearly visible to the public. A business should have fire exits, or emergency exits, with well-lit signs. The Department of Public Safety has detailed guidelines for public structures and building codes, but unfortunately these are not always followed. When death occurs on public transportation due to negligence, an attorney specializing in wrongful death can help bring justice and settlement to the victims.

Work-related stress – an introduction

We’re going to take a look in this post at work-related stress. This is a pervasive problem in the workplace but, unfortunately, there is too little knowledge of what work-related stress is and the problems it can cause. In doing so we’re going to look at the following:

  1. What is work-related stress?
  2. Is work-related stress an illness?
  3. Can I obtain a remedy if I’ve suffered from work-related stress?
  4. What should I do if I think I’m suffering from work-related stress?

What is work-related stress?

The Health and Safety Executive defines work-related stress as “an adverse reaction a person has to excessive pressures or other types of demands placed upon them”. Work-related stress is widespread and common, constituting 40% of all work-related illnesses in 2010. There were – according to the Labour Force Survey – 211,000 new cases of work-related stress in 2009/10.

Is work-related stress an illness?

Work-related stress is not defined as an illness but is rather a “gateway” to other impairments which can be classed as illnesses or disabilities if it is left untreated. Such impairments or disabilities include heart disease, anxiety and/or depression. As work-related stress is not itself an illness it is not possible to define it as a disability for the purposes of the Equality Act 2010 and it would therefore not be possible to claim for disability-related discrimination if you were simply suffering from work-related stress. However, if the work-related stress causes other problems (such as, for example, heart disease) then you may be able to pursue your employer for discrimination or negligence (if you suffer any harm as a result).

Can I obtain a remedy if I’ve suffered from work-related stress?

If you have been suffering from work-related stress then the most common type of claim is a claim for the common law tort of negligence in the civil courts against your employer. In order to succeed in a claim for negligence due to work-related stress you would have to show that:

  1. A duty of care exists (there is a duty of care that exists between an employer and an employee)
  2. That there is a duty for the employer not to cause unreasonable or foreseeable injury to an employee by stress
  3. That the duty of care has been breached – that the employer failed to assess the risk and/or react to the risk as a reasonable employer would
  4. That the breach of the duty of care has caused you loss (whether this is injury to your person, loss of earnings etc.)
  5. That your employer has failed to demonstrate that there is a viable defence

What should I do if I think I’m suffering from work-related stress?

If you’ve suffered from work-related stress then you should contact a personal injury solicitor to obtain specialist advice on whether you may have a claim in the civil courts. Further, it may be worth obtaining employment law advice from a specialist employment solicitor if you’ve been discriminated against if you’re suffering from a disability due to work-related stress. Work-related stress can cause severe personal and professional problems and it is best to attempt to remedy this is you have suffered some form of loss due to your employer’s negligence or discrimination.

Redmans Solicitors offer specialist advice from personal injury solicitors and employment law solicitors

What Do You Do After A Hairdressing Injury?

Has a recent trip to the hairdressers left you with hair damaged beyond repair? Are you still suffering from the awful consequences of a hairdressers’ negligence?
 
Miss A suffered bad burns to her scalp following hair straightening chemical treatment which left her with severe burns, and she suffered so much pain that she received £4,000 compensation.
 
Similar hairdressing claims are becoming ever more frequent in the UK as more customers are demanding more experimental hair appearances to keep up with modern celebrity trends.
 
Under-trained hairdressers are executing poor quality hair extensions, burns to the scalp with hair dye or customers are suffering allergic reactions to treatments due to lack of testing procedures in salons.
 
Unknown to the general public, hairdressing is an unregulated industry, and therefore anyone with an interest in hairdressing can set up business which sadly gives the industry a bad name.
 
As well as customers being at risk, hairdressers themselves are at risk too if they have a safe code of practice in the salon. There is a duty of care for hairdressers to recognise and advise if you are carrying any infection or disease on the scalp – as treatments may inflame your condition and pass conditions amongst staff or between clients. Listed below are some of the most common incidents that trigger compensation claims in the UK, which have long term affects on claimants and are to be taken very seriously by salon owners.
 
Chemical burns
Hairdressers deal with hair dyes and bleaches on a daily basis and you are at risk of receiving burns to the skin if you come into contact with them – therefore it is important to ensure that your hairdresser carries out patch testing before treatments and you wear appropriate clothing.
 
Burns
Quite often old or unsafe equipment can cause burns. It is important that the salon regularly inspects all heat styling equipment such as hair dryers, hair straighteners and curling tongs to ensure that they are in good, safe condition and never left on when not in use.
 
Electric Shocks
It is imperative that a salon regularly checks their electrical equipment – especially as equipment is used on wet hair and near water supplies to prevent electric shocks. All equipment should be used and stored at a safe distance from the water basins.
 
Slip and Trip Accidents
We have all seen hairdressers sweeping floors on a regular basis – and there is a very good reason for doing so! Keeping the floor free from excess hair and water splashes is one of the most important jobs a salon will maintain as slips and trips can cause broken bones, head injuries and a host of other serious bone and soft injuries.
 
Some worst case scenarios can include allergic reactions, hair loss, severe cuts and burns or even anaphylactic shock, therefore hairdressing injury claims are sought to pay for psychologist therapy or cosmetic correction.
 
If you have suffered a hairdressing injury recently, making a hairdresser compensation claim couldn’t be easier. To see if you have a claim, contact Claims Solicitors today!

Dog Attack Seriously Injures Elderly Woman in Riverside County

A 76-year-old woman suffered major injuries in a Riverside County dog attack after a pit bull mauled her near a local Walmart parking lot. According to a news report in The Press-Enterprise, the incident occurred the afternoon of March 5, 2013.

Onlookers, including the manager of a group home, Jose Reyes, who saw the attack from across the street, came to the woman’s rescue. Reyes saw that the pit bull had its teeth clenched around the arm of the woman, “throwing her around like a chew toy.” The victim suffered severe puncture wounds to her side, arms and legs. She was hospitalized, but is said to be in stable condition.

Prior Complaints from Neighbors

Officials say the dog lifted a latch to unlock the gate of a chain-link fence surrounding a home in the 200 block of Commonwealth Avenue and attacked the woman who was walking along the sidewalk on her way to a store. Those who tried to help the woman tugged at the pit bull’s head trying to get it off the woman, but they said it only aggravated the dog even more. Neighbors said they had complained to animal control officials four or five times about this particular dog. Reyes told The Press-Enterprise that the dog often got loose.

Based on this news account, it appears that the dog escaped from its owner’s yard and attacked the woman. I trust officials are verifying the prior complaints involving this dog and determining whether its owner was negligent in not securing the dog.

Laws and Liability Issues

Under California’s strict liability statute, dog owners are financially responsible for the injuries and damages caused by their pets. California’s Civil Code Section 3342 states: “The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.”

In such cases, injured victims can seek compensation for medical expenses, lost wages, hospitalization, surgeries, permanent injuries and scars, pain and suffering and emotional distress. Victims would also be well advised to contact an experienced Riverside personal injury attorney who will stay abreast of the official investigation and ensure that victims are fairly and fully compensated for their significant losses.

Man Suffers Major Head Injuries in Bicycle Crash

Randy Lairmore, 58, suffered major head injuries after a vehicle struck him near the intersection of River Boulevard and Water Street. The Bakersfield Californian reports that the major injury collision occurred the afternoon of March 10, 2013. Police say Lairmore was riding south on River Boulevard north on Water Street on the right side of the number two lane.

About the same time, Kaycee Rich was driving a 1997 Honda Civic south on River Boulevard, preparing to make a right turn on to westbound Water Street. Officials say Rich activated her turn signal, slowed down and made a right turn onto Water directly in front of Lairmore. The bicyclist hit the right rear of Rich’s car. He was thrown from his bike and struck the roadway. He was hospitalized with major head trauma. An investigation is ongoing.

Bicycle Crash Statistics

According to California Highway Patrol’s 2010 Statewide Integrated Traffic Records System (SWITRS), there were no fatalities, but 49 injuries reported as a result of bicycle collisions in Bakersfield. In Kern County as a whole, 113 bicyclists were injured during the same year, click to find out more.

What Caused This Crash?

Based on this news report, it appears that the driver of the Honda may have failed to notice the bicyclist at the intersection. Under California law, bicyclists have the same rights and responsibilities as drivers of other vehicles. However, bicyclists are often not as visible as other motorists and this might become problematic particularly at dangerous intersections or in situations involving distracted, inattentive, impaired or otherwise negligent motorists. If you have been involved in a crash with a motor vehicle, it is important that you know what to do after a bike crash.

Liability Issues

In this particular case, I trust officials are looking into why Rich failed to notice the bicyclist. If Rich is determined to have been at fault, she could be held liable for damages including but not limited to medical expenses, lost wages, cost of hospitalization, rehabilitation, permanent injuries, pain and suffering and emotional distress.

If a dangerous roadway or intersection caused this incident, the city or governmental agency responsible for maintaining the roadway can also be held liable. Under California Government Code Section 911.2, any personal injury claim against a governmental agency must be filed within 180 days of the incident. An experienced Bakersfield personal injury lawyer will be able to advise injured victims and their families regarding their legal rights and options.