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No-one would doubt that a building site is a dangerous place – and unfortunately with danger always comes the high possibility of injury. If you are brave enough to enter this ‘mechanical jungle’ it is imperative that both you and your employer take responsibility to ensure your workplace is as safe as possible. To not do so can easily result in serious injury and even fatalities.

Employees working on building sites are faced with a number of dangers, such as operating and working with heavy machinery, and a lot of manual handling, for example. It is because of these hazards that health and safety measures are extremely strict.

One of the common problems with any building site claim is discovering where the duty lies to prevent accidents. However, the key to this is merely determining who was in control?
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A ladder is undoubtedly a helpful piece of equipment – but with its helpfulness comes potential danger. Although using a ladder is seemingly simple, there are certain things that should be considered prior to mounting that first step.

Defective Ladders

One of the most straightforward matters to deal with is when somebody sustains an injury from using defective ladders. All ladders must be sufficiently strong and suitable for the purposes to which they are being used for. Although it is mandatory for employer’s to carry out a risk assessment prior to any employee using a ladder, it is also a good idea to inspect any ladders before beginning to use them-for example: if the ladder appears worn, consider whether this will realistically support your body weight. Also ask yourself; are these the ladders I’d usually use for this task? If you do have an accident from using defective ladders, we may be able to establish a breach of an absolute duty, and you may have the right to claim.
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If you have been involved in a road traffic accident as a motorcyclist then you could be suffering from some serious injuries.

Although motorcycle riders have helmets and thick leather clothing to wear to aid protection, frankly, this is no substitution for the protection other drivers have in cars and vans etc. This is why motorcyclists are so vulnerable if involved in an accident.

Injuries caused by being involved in an accident as a motorcycle user can range from minor scuffs and scrapes to broken bones and even sometimes fatal injuries.
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As a pillion passenger, or any passenger, it is your driver’s duty to take reasonable care for your safety. Therefore, if you are involved in an accident as a pillion passenger and were injured as a result, it is highly likely that a claim for compensation will be successful.

As a passenger it is extremely improbable that you were at fault for the accident, unless you did something stupid to cause the driver to lose control and cause a collision. You can normally expect to receive 100% of any compensation awarded.

However, there can be circumstances where the compensation is reduced due to contributory negligence even if the accident was caused through no fault of you own, but where you have contributed in some way to your injuries.
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As it just so happens, not only have I been advising people about claims for compensation for many years now, but I am somewhat of an expert in sporting injuries myself. I sadly suffered one of the worst sporting injuries you can sustain in January this year (multi ligament ruptures in the knee resulting in nerve damage and needing an operation for multi ligament reconstruction surgery and a nerve graft), and the nightmare its put me through has been enough to know I’m not going to be playing football again anytime soon (if ever!)

The problem is that sporting injury claims are not easy to win. For a claim for compensation to be successful, two key ingredients need to be satisfied – there has to be negligence (i.e. someone at fault for what’s happened) and your injuries have to have been caused by the aforementioned fault.

Now, when you take part in sport, by law, you accept that there are risks involved. If you play football you accept that in a midair jump for the ball, you could hit an opposing player who is also jumping for the ball, and you can both end up falling awkwardly. You accept that you can be tackled and taken down, which can inherently cause injury through impact of the opposing player sweeping you from your feet. You accept that you can fall awkwardly as I did and rupture several vital ligaments in your knee and rupture a nerve as well, leaving you with potentially permanent damage.
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Industrial lung diseases (also known as occupational lung diseases) include mesothelioma, occupational asthma, silicosis, and asbestosis. Exposure to asbestos in particular is well known to be dangerous, although it can be a number of years between exposure to asbestos fibres and the symptoms or injury coming to light.

Asbestos may be present in old buildings and is thought to pose no risk if left undisturbed. However, as buildings are demolished or renovated, extra care should be taken as asbestos becomes the so called “silent killer” when it is disturbed or damaged. Exposure to certain types of other materials such as gases, liquids, dusts or fumes may also cause some forms of industrial lung disease.

Exposure to asbestos can cause mesothelioma, a form of cancer. Even if you have been exposed to asbestos a number of years ago, you are still at risk of developing mesothelioma in the future. Generally mesothelioma does not show up until some 20 to 40 years after the exposure to asbestos.
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I’m going to start by probably pointing out the obvious here – accidents and incidents in bars, pubs and clubs are all too common. When there’s lots of alcohol, lots of excitement, and lots of people all crowded together, the potential for accidents is inevitable. The focus of this blog is going to be on accidents as oppose to incidents however; for more info on that, look up criminal injuries on our main blog page.

So, aside from the fact that lots of alcohol means lots of people with less balance and concentration jigging around the place, there are plenty of other obstacles and hazards that could cause you some serious damage.

Slips
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I’d like to think that most of us get through life without any major incidents or bust ups. The problem is every town or city you go in can end up with you inadvertently being involved in trouble. You could be having a quiet drink with your mates on a Friday night and for some reason some societal scum decide they don’t like the cut of your jib – before you know it, you’ve been hit in the face, or seriously assaulted.

I’m lucky that I’ve never been involved in any serious trouble like this, but there are thousands of innocent victims out there who end up being caught in the wrong place at the wrong time and suffer injuries because of someone else’s neanderthalic behaviour. But the main question is, how do victims of assaults get any compensation for what’s happened?

Pursuing a claim against an individual is not really the easy way forward. They will probably not have any insurance to claim from, and probably won’t have the funds to compensate you – nor will they know how to deal with a claim against them. Ultimately, it’s not the most viable option; thankfully, there is an alternative.
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“A man [has] an absolute right to be (on the road) and it is a duty of drivers of vehicles not to run him down” (Craig v Glasgow Corporation (1919) 35 TLR 214). In the old times, when car travel was beyond imaginable and pedestrians and horses ruled, this was the prominent view for pedestrians’ liability. However, now that car travel is the norm, the modern approach places more responsibilty on the pedestrian to exercise due care when stepping off the kerb.

Although the Highway code is often viewed as guidance for drivers, the first 33 paragraphs relate to the rights and duties of pedestrians; for example, ‘pavements should be used if provided’ and ‘wear or carry something light-coloured, bright or fluorescent in poor daylight conditions’. The former is common sense to many but the latter is arguably questionable. How many people think of choosing their brightly coloured clothing to wear on a dark depressing day or at night when going to the theatre, just incase they need to walk on the road?

The most famous set of rules for a pedestrian’s duty is contained within rule 7 and is the message that has been bombarded to us at school and throughout the media for so many years – The Green Cross Code. 
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Post Traumatic Stress Disorder (commonly abbreviated to PTSD) is a serious condition that can have a range of difficult affects on the sufferer. PTSD is a psychological condition that is often serious when formally diagnosed. In some ways it can be a bit of a step up from anxiety, and is often linked with conditions relating to depression.

It can be caused by a multitude of things, and it is recognised as an ‘injury’ that can be claimed for in a personal injury case. Normally the cause is related to a singular or series of events or occurrences that has some form of adverse psychological effect on you – for example, a near death experience, or witnessing a horrific and / or violent incident.

Being involved in an accident itself when severe enough can leave you suffering from PTSD – being hit by a lorry on a motorway, causing your car to spin out of control and flip several times could easily cause it. For those brief seconds that feel like years as everything falls in to slow motion, you convince yourself you are going to die, and panic sets in…
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