Personal Injury Law Blogs

Hearing Loss in the workplace

There are many illnesses and injuries that occur in the workplace but most have a very evident effect. Industrial Deafness can be caused over long periods of time with the damage and symptoms not being obvious. As hearing loss occurs naturally with age, most people just put it down to this. The deafness that occurs with age affects a different part of your hearing than noise induced hearing loss that is caused from the loud environment at work. Because of this the hearing loss can be identified as being caused by your noisy job.

The damage done to your hearing at work is irreversible so can have a big impact on your life. Industrial Hearing Loss is caused by exposure to noises over 80 decibels for extended periods of time. This isn’t hard to achieve when you consider that a food blender from 2ft is 80dBA. Occupations such as construction, pubs & clubs, printing and manufacturing all have high noise levels and if your not protected you could damage your health.

Your employer by law has to protect your hearing and should provide sufficient hearing protection if you work in a noisy environment. If they don’t you could be eligible for a hearing loss claim for compensation. Hearing protection zones should be identified and within these areas protection must be compulsory. The protection should aim to reduce the noise to below the dangerous level of 85 dB.

Noise induced hearing loss contributes to a third of all hearing loss cases and is caused in two ways. The most common is being exposed to loud noises over a long period of time which would most likely to be through work but also could be from listening to very loud music. The other cause is from a extremely deafening sudden noise such as an explosion. NIHL can be identified as it affects the hearing sensitivity in the higher frequencies. The effects of this form of hearing loss you will experience difficulty hearing the telephone ring, doorbell or television. High frequency hearing loss usually inhibits our ability to hear certain sounds in conversation such as t, d & s.

If you are unsure if the noise level in your job is loud enough to cause you hearing loss, here are a few questions to ask your self.

  • Do you have to raise your voice when standing 2 meters away from a work colleague to be heard?
  • Is the noise apparent for the majority of the day?
  • Do you use or are you near power tools or machinery for more than 30 minutes each day?
  • Is your hearing muffled after work? It may even be back to normal in the morning

If you answer yes to any of these questions you are at risk of developing work related hearing loss and should be provided with hearing protection. If you aren’t and your hearing is affected you are due hearing loss compensation. The first course of action should be to discuss this with your manager or employer as your hearing is delicate and you want to stop any further damage your job may be doing. If you wish to then pursue your hearing loss claim you should contact a lawyer or hearing loss expert.

Ten Ways To Avoid A Whiplash Injury

Whiplash injuries are common and although it is easy to claim the compensation you deserve following such an injury, it is always best to do what you can to avoid this injury in the first place. Whiplash can be very painful and can last for years, or even never leave completely. So what can you do to minimise the risk?

Features Within Your Car

Modern cars have brilliant safety features compared to their historical counterparts. Make use of the features which come with your car.

  1. Adjust the headrest: Many drivers do not adjust their headrest accurately. If you share your car with other drivers you must ensure that your headrest is adjusted to your requirements each time you use the car. The headrest must be located as closely to the back of your head as possible and the top of the headrest must be in line with the top of your head.  About an inch of distance at most should be between your head and the headrest. This will prevent your head being flung backwards very far in the event of a collision, giving your delicate head and neck support.
  2. Adjust the seat: Your seat must be adjusted to support your body, placed in a fairly upright position not in a relaxed position as many drivers place it. You should get used to this positioning of the seat with time.
  3. When buying new car choose one with integrated safety features: many new cars have specially adapted seats with brackets in the seat which cause the seats to have the ability to move slightly in the event of a collision ensuring support is kept throughout the movement.
  4. Wear your seatbelt: it’s a legal requirement and it is sensible. Not only will it reduce your likelihood of injury, it reduces the injury you would cause to your passengers should you not be wearing a belt.

Adjusting Your Driving

  1. Check your mirrors: this will keep you aware of the position of your fellow road users.
  2. Ensure your break lights are working: your break lights are so important. They show other drivers when you are slowing or stopped. Therefore check your lights regularly.
  3. Use your hazards: if you have to stop suddenly make sure you turn your hazards on as it will make other drivers aware you are slowing rapidly and will reduce the risk of a rear end shunt.
  4. Use the handbreak: at traffic lights use the handbreak as this will mean should you be impacted from behind your car will not move as far forward as it would if you merely had your foot on the break.
  5. Use break lights when stationary: merely using your handbreak does not warn other drivers that you are stationary, your break lights are your signal to other road users.
  6. Keep your distance

If you have been unlucky and have sustained a whiplash injury , you could be entitled to make a whiplash compensation claim. Contact your solicitor  today for more advice.

How Obesity is Affecting U.S. Workers’ Compensation Claims

Obesity in America is not just affecting the overweight, but it has affected employers as well. Workers’ compensation claims among the obese are on the rise and payouts are often three times as high as those for people of an average weight. The obesity epidemic in the United States is not only a personal issue, but one that businesses are being forced to face at a growing rate. Here are five ways that obesity affects workers’ compensation:

1.Prolonged Cases

Compared to cases filed by people of an average weight, those filed by the obese lasted significantly longer. According to the Montgomery law firm of MM&L, while an injured worker may take several weeks to heal and return to work, it can take an obese worker with the same injury several months to heal and return to work. Obesity often complicates both treatment and healing time, prolonging workers’ compensation claims.

2.Atypical Treatments

For a person of normal weight, light physical therapy may be all that is required for a sprained ankle. For an obese person, physical therapy may not be enough. Often, doctors recommend that the obese undergo gastric bypass surgery or, at best, enter a weight loss program. Once a physician recommends this type of medical treatment in relation to an injury, it’s not unusual for an employer to be on the hook for the costs.

3.Higher Claims

Higher claims go hand-in-hand with atypical treatments. For instance, in the case of a knee injury, a person who is obese may require a knee replacement to correct the problem. On the other hand, a person of average weight may only require rest to recuperate. Compare the costs of a total knee replacement with the cost of an ice pack and a few days off of work, and you can easily see how obesity can lead to higher claims.

4.Missed Work

Not only are the obese more likely to require extensive treatment than their average-sized co-workers, but they are more likely to miss up to 13 times the amount of work after an injury that a person of normal weight would miss. When this is the case, not only are employers losing money by paying for a claim, but they are seeing a reduction in productivity with the extended absence of an employee.

5.Permanent Disability

People who are obese or morbidly obese are more likely to be permanently disabled by an injury sustained at work than those people who maintain a healthy weight. A Philadelphia injury lawyer may be better able to explain the options when filing for permanent disability. Employers aren’t the only people affected when a worker is placed on permanent disability; the public is affected as well. When a worker is placed on disability, the public taxpayers are then made responsible for maintaining that person’s lifestyle. Being placed on permanent disability ensures a monthly stipend that is essentially provided by every tax payer in America.

Because of the tremendous cost of obesity, many employers are looking for ways to protect themselves. A Philadelphia injury attorney can tell you that it is illegal to discriminate against a person because of their size. Employers may find it in their best interest to offer free weight loss programs, gym memberships or nutritionists to their employees. If something is not done about this growing epidemic in America, it’s not only the overweight who will suffer.

Molly Henshaw is a freelance writer and law student in the DC metro area. She also contributes as a writer for the attorneys of www.injurylawyermontgomerypa.com. It is important to consult a professional when you are questioning whether your injury is work related!

NHS Medical Negligence Claim Bill Explodes

Recent accounts published by the NHS Litigation Authority (NHS LA) have revealed that the health service has spent £1.2 billion on its medical negligence claim bill in the past year. The figure represents a significant surge in the amount compensation received by NHS patients and their families who initiated medical negligence claims for the same time period last year which saw the NHS paying out £863 million. Only a tiny proportion of this figure was for compensation claims of a non-clinical nature. Around £52.4 million was paid out to people for personal injuries such as falling and hurting themselves on wet floors when no warning sign was present. These claims could have made by staff and visitors in addition to patients.

The NHS LA was initially founded to allow for a separate body to handle medical negligence claim cases launched by patients who suffered as a result of mistakes made by NHS staff during medical treatment or procedures. The total number of claims which were made for the period of 2010 to 2011 was just over 13,000. This year a rise has been seen in the total number of claims launched, but the increase is a lot smaller than the £1.2 billion in medical negligence claim bill might suggest, with 13,760 claims being made. This indicates that considerably larger medical negligence claims were paid out this year over the previous year. In 2009 to 2010, a total of 10,720 medical negligence claims were made.

Tom Fothergill, director of finance for the NHS LA spoke out in the group’s defense stating that his department had been able to close more medical negligence compensation claims than ever before in spite of the increase over the past two years. The Medical Defense Union has spoken out on the subject too with Christine Tomkins, the current Chief Executive, voicing concerns over the unsustainability of the current situation. She said that the “NHS damages pay-outs’ have increased substantially in the last year and in our experience of settling cases on behalf of our GP and independent practitioner members, we have even seen compensation awards exceeding £5 million.” Tomkins went on to say that “We have also seen claims in general practice rise significantly in number for each of the last two years”

The pending reform for compensation law surrounding medical negligence claims is expected to be added to the government’s list of points to rectify in order to tackle the increasingly long list of factors contributing to the compensation culture we appear to have in the UK. Many experts, however, point out that if wrong has been done to the patients by the NHS medical experts, then compensation is owed.

Ken Clarke’s savage cuts penalise innocent victims of crime including our emergency services

Guest personal injury law blog post by Angela Fitzpatrick  Head of personal injury Claim Today Solicitors.

 Six months ago the Ministry of Justice (MOJ) announced a review of the scheme that compensates people who suffer as a result of a crime.  The MOJ presented it in a trivial way through the tabloid press.  They highlighted sprained ankles as a typical example of the kind of injury that would no longer attract any financial recompense.  The Justice Secretary Ken Clarke said dismissively that, “sprained ankles, broken toes or bruised ribs from which people tend to recover fairly quickly will no longer be covered at all”. As so often before the government succeeded in demonising the victims of the cuts.

The current Criminal injuries compensation scheme system is tariff based which means that victims can only receive a certain amount depending on the severity of the injury. That tariff already does not reflect the true value of the effects of these injuries.

The MOJ finally released the results of their review at the beginning of July, this time they did so quietly without any press fanfare. There is a good reason for their circumspection because the changes are insidious.

All claims below a value of £2,500 will no longer be eligible for compensation. This means victims who have suffered injuries such as, permanent facial scaring ,partial loss of a finger as a result of an assault will in future have to make do with an apology and support from  already under resourced crime support units.

Worse still are the plans to reduce the level of compensation available for all claims below the value of £11,000. This would include anyone who suffers serious facial disfigurement, loss of taste/smell fractured hip, a fractured skull to name only a few.

Apart from being morally repugnant reducing compensation for innocent victims of crime there is a practical consideration too. Reducing compensation for injured victims increases their suffering by reducing their ability to take time of work to recover sufficiently from their ordeal. It is something Ken Clarke skilfully avoided talking about when he originally announced the plans in January.

These cuts will also impinge on those who are there to protect the public. Police officers who place themselves at risk of injury every day they go on duty will be subject to the same limits on compensation. Good Samaritans who try to capture or assist police officers capture offenders will be penalised. At a time when police officer numbers are subject to savage cuts and crime figures are not falling, the innocent will be hit with a perfect storm of less security and less support when things go wrong. Last year’s riots were a stark reminder of the link between crimes against property and the person and a rise in unemployment.

Having represented innocent victims of crimes of violence for over 20 years I know that regardless of the level of injury being a victim of a crime can be a truly harrowing experience. It is only right that those affected are allowed to bring a valid claim for redress. Cutting the compensation is cutting access to justice. Support should be in addition not instead of compensation. Who really are the losers of these changes? They are the innocent victims of crime including the brave members of our emergency services all of whom need and deserve better. An urgent rethink is needed.

Guest post by Angela Fitzpatrick   Head of personal injury Claim Today Solicitors.

Fraudulent Cases and Personal Injury Claims Process

A very public case between the insurers Zurich and Mr Shaun Summers, a former employee, held last week in the Supreme Court threw up some interesting points for discussion about the nature of personal injury claims process.

Mr Summers initially filed for over £800,000 in compensation after an accident at work claim but the county court found the bulk of his claim to be exaggerated and awarded him with only £88,716. Zurich chose to appeal the case, arguing that is a part of the case was found to be fraudulent, the entire case should be struck out. The Supreme Court held that this was a possibility, but it should not be applied in Mr Summers’s case.

But should fraudulent cases be seriously considered by the courts or should a breach of personal injury claims process mean you forfeit the chance to have your view heard?

A Burden on the Courts
The rise of no-win-no-fee lawyers has placed a real brace on courts and many cases which would not have been taken seriously ten years ago are being heard regularly in courts. Occasionally these claims are fraudulent or at least grossly exaggerated and the court has wasted valuable time and resources on hearing these cases.

The fact that the Supreme Court did rule that cases could be thrown out if found fraudulent in part should act as a deterrent for speculative personal injury claims which clog up the courts, preventing genuine cases from being given the proper attention.

The Proper Outcome
The difficulty is that in the Zurich case, it’s hard not to find the final judgement just. Mr Summers clearly did have a claim and was due compensation which, at the end of the day, he received. A Supreme Court which came down hard upon over-exaggerated claims might end up distorting the proper outcome in cases where compensation was really just.

Equally, fraud is rarely a black-and-white issue: usually a court has to assess the evidence from a neutral perspective to see whether or not a case if fraudulent in the first place. To deter over-exaggerated claimants would undoubtedly put unnecessary extra scrutiny on cases where large sums were claimed just for fear that they might have been fraudulent.

As with most legal matters, the line between time-wasting and a genuine mistake is fine one. Though the Supreme Court does and should reserve the right to throw-out and, if necessary, prosecute real fraudsters, the age-old principle of the presumption of innocence should prevail. The courts should be able to assess a genuine personal injury claim without prejudice.

Clough & Willis provides a sympathetic and efficient personal injury claim service for individuals unfortunate enough to have sustained a personal injury.

Clough & Willis Solicitors is proud to be one of the few personal injury solicitors within Greater Manchester to have corporate accreditation from APIL, recognising the firm’s commitment to their stringent requirement.

Responsible for Fleeing the Scene in Orlando?

The city of Orlando is one of the top four U.S. cities with the most pedestrian hit and run accidents. Authorities have blamed urban expansion for the increase in hit and run accidents in Florida because there is little space on the roads for pedestrians and cyclists. Florida law prohibits drivers from leaving the scene of an accident for any reason. Often hit and run accidents are minor car incidents with little damage. But in many cases such as pedestrian hit and run accidents, victims are very badly hurt and often die. No matter how minor or major an accident do not flee the scene or you could be setting yourself up for major consequences.

Your Responsibilities in An Accident

According to Florida Law you have a “Duty to Give Information and Render Aid” if you are involved in an accident. This means you are required to stop and exchange information. If you are in an accident with an automobile that is unattended you are required to try and locate the owner of the car. If you are unable to locate the owner of the car leave your information where the owner can find it. If you are in an accident and another person is injured you are required to give aid to that person, call 911, and stay at the scene of the accident.

Legal Repercussions

The need to curtail the rising cases of hit and run accidents has jolted Florida authorities into enacting legal barriers. In the case of a hit and run accident where only property damage is involved the perpetrator could face a second degree misdemeanor, up to 60 days in jail, and a $500 fine.

Perpetrators of hit and run crimes that involve personal injury can face the full wrath of the law including stiff fines, imprisonment, and loss of driver’s license. This applies to instances where the drivers flee from an accident scene while a victim is injured. In this case, such perpetrators could face a third degree felony, up to 5 years in prison and a $5,000 fine. If a driver flees the accident scene and a victim dies as a result of the accident the driver could face a second degree felony, up to 15 years in prison, and a fine up to $10,000.

Apart from fines and sentencing, perpetrators of hit and run accidents must also compensate the victim or their families for any injuries. This is where personal injury claims come into play. A qualified Orlando criminal lawyer will be able to assist you in your case and help defend your charges.

Hit and run crimes can be very serious with harsh penalties attached depending on the circumstances of the accident. Persons who are accused of hit and run crimes should hire criminal defense attorneys who have experience in hit and run cases. An attorney can review your case and aid in your defense. Be sure to contact an experienced criminal lawyer Orlando based law firm immediately if you are accused of a hit and run accident. It could mean the difference between your freedom or going to prison.

Katie Hewatt is a legal researcher and contributing writer for Orlando Law Firm Katz & Phillips, who have successfully defended clients against hit and run accidents. The attorneys at Katz & Phillips will sort through each factor in your case and will devise your best plan of defense.

Car Insurance Rates Skyrocket in the UK

Car Insurance Rates Skyrocket in the UK

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Car Insurance Rates Skyrocket in the UK

Drivers in the United Kingdom will soon be in for a shock when it comes time to pay for auto insurance. The House of Commons transport committee recently released a report blaming the rise in rates on an increase in claims. Claims for whiplash injury have risen 18 percent since 2010, and the average payout has risen by nine percent. The hardest hit areas in the UK are Liverpool, Manchester, Sunderland, Wigland and Oldham. Here are five things that UK drivers should know:

1.Age Matters

While insurance rates have gone up for every driver in the UK, young drivers have been the hardest hit. Drivers aged 17 to 22 have seen a rise in premium just over six percent in just three months time. The average premium for these young drivers was £2,497; hardly cost-effective for a new, 17-year-old driver. People over the age of 60 saw a rise in their premiums of five percent. Because young drivers are considered such a risk, many companies are stopping coverage for drivers under the age of 21 altogether.

2.Different Coverage Means a Different Price

Along with higher premiums for younger drivers comes higher premiums for certain types of coverage. While the average price for comprehensive coverage is just under £900, the average price for third party, fire and theft is over £1,400. Insurance companies explain that this difference in the cost of coverage lies in the people who purchase the coverage. Younger drivers are more apt to purchase third party, fire and theft coverage, and younger drivers are in a higher risk category.

3.Gender Bias

Women in the UK tend to pay less for car insurance than their male counterparts. Beginning in December of this year, insurance companies will no longer be permitted to take gender into consideration when setting a premium price. This means that women will typically see the biggest increases in their premiums when it comes time for renewal. Not only will women be playing catch-up to men, but they will experience the rate hikes at the same time.

4.Where You Live Matters

It’s normal for insurance companies around the world to base your premium, in part, on where you live. People who live in areas with the greatest numbers of insurance claims will pay the steepest prices. In the UK, drivers who live in the northwest will pay significantly higher insurance premiums than those who live in Scotland. In England, drivers in Cambridge are among those who will pay the lowest premiums.

5.Start Shopping Now

Drivers in the UK are advised to start shopping around for insurance now. Though price hikes will be happening across the board, one insurance company may offer lower premiums than another. If a renewal of a driver’s current policy will include a six percent hike, finding a company who will only raise the driver’s rates by four percent will be beneficial in the long run.

Drivers in the UK need to brace themselves for the coming rate hikes. Almost every driver in the country will experience a rate increase when it comes time for renewal. By preparing themselves now and shopping around for a better price, UK drivers will be better able to handle the inevitable rise in premiums.

Leslie Brentwood lives and writes in London. She writes for www.carinsurance.org.uk where you can find more information on car insurance, trips, and tips for saving money when you drive.

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The hidden killer: Developments in Asbestos Insurance Claims

Exposure to asbestos can be fatal, for the thousands of workers who have been affected by asbestos related illnesses, this much is clear. Up until recently, however, what was not so lucid was whether you were able to make a claim on behalf of someone who had died from an asbestos related cause. A new ruling from the Supreme Court in England has now given some clarity to this issue.

Asbestos was used widely in the construction industry in the UK between the 1950s and the 1980s. Exposure to the substance is strongly linked to several terminal illnesses, including mesothelioma, lung cancer and asbestosis. However, the effects of being exposed to asbestos can take years to become apparent. In some cases a person seems unaffected until 30 or 40 years after the initial exposure.

Sometimes, it isn’t until after a person has died that their death is linked to asbestos exposure, which has led to some confusion over whether asbestos claims could be made posthumously, with some insurance companies questioning the legality of it. However, the new ruling by the Supreme Court states that family members are able to make a claim in memory of the deceased.

The ruling states that insurance liability falls at the time when an employee was exposed to asbestos, not when the asbestos related symptoms became apparent. It brings with it clarity on both sides and an end to years of uncertainty to families affected by asbestos related deaths.

This ruling has understandably been welcomed by the families affected by asbestos related deaths, however, such was the extent of the confusion surrounding the issue, it has also been met with gratitude by the Association of British Insurers, who welcomed the clarity if brought. The Association also claimed that the legal proceedings were only necessary because of the protestations by a minority of insurers.

The significance of this ruling will be far reaching as, according to a study carried out by the Institute of Cancer Research, the UK has the highest rate of asbestos related deaths in the world. Over 2000 people die a year as a result of asbestos exposure in the UK, with the number of mesothelioma deaths three to five times higher than in the US. It has allowed the hundreds of families affected to finally start their journey towards receiving the compensation their deceased family members are owed.

If you have been affected by an asbestos related death and think that you may have a claim, then you should contact a personal injury lawyer. A personal injury lawyer has the specialist expertise to help you make the right decisions when making a claim on behalf of a dead family member, which can be a difficult and confusing time. They will help you understand better whether you have a claim and how you can further it.