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August 14, 2009

Lifting Equipment and Injuries at Work!

loler-forklift-safetyLifting injuries are such common place at work that they are covered by there very own Regulations. These are called, The Lifting Operations and Lifting Equipment Regulations 1998 – better known as ‘LOLER’. First of all, let me explain what is meant by the term ‘lifting equipment’?

LOLER defines the term as meaning ‘work equipment for lifting or lowering loads and includes its attachments used for anchoring, fixing or supporting it’.

What Regulations does LOLER impose on my Employer?
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By Editor
August 13, 2009

Computer Screens and Work Claims

computer-screen-claimsComputers have been commonplace at the workplace for years now and the regulations that cover the screens to protect you are called The Health and Safety (Display Screen Equipment) Regulations 1992

These regulations are one of the few which are specifically targeted at a particular type of equipment and a particular activity – that’s your computer screen and the way in which you use it!

So what should your Employer be considering when there is extended use of computer screens in the workplace? In broad terms, the following points should be considered by an Employer:
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By Editor
August 13, 2009

Can I Still Bring a Fatal Accident Claim After 3 years?

3-years-claimThe limitation period in terms of claims involving fatal accidents is normally 3 years from the date of death. After this point the claim will normally be statute-barred, meaning that the claim can no longer be brought. The purpose of this is to protect individuals from being subjected to claims a considerable time after they might reasonably have expected to have to defend the claim.

However, there may be circumstances in which a claim can be brought outside of that limitation period. A good example would be if the person bringing the compensation claim was a minor at the date when the accident happened. The 3 year limitation period will not start to run in this case until the claiming party reaches the age of 18. This helps to protect children from any exploitation which they might be vulnerable to had they brought a claim at an earlier age, provided of course that they were a dependent of the deceased.
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By Editor
August 12, 2009

Failure to Obey Road Signs and Accident Claims

traffic-signsIf a driver ignores a road sign, they do so at their own risk. In the case of Buffel V Cardox ltd, a cyclist crossing the main road was injured by a lorry travelling up that main road.

About 95 yards from the crossing there were signs and studs in the road warning drivers on the main road to ‘slow’ and there were also a cross roads sign and a flashing beacon to warn drivers of the dangers ahead but the lorry driver on the main road decided to ignored the road signs failing to slow down and carried on driving at a high speed, which the Court found to be a dangerous speed for the road conditions.
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By Editor
August 12, 2009

Trips and Slips: Is the Surface Suitable for Purpose?

Trips and slips are common place in the workplace. Unfortunately, this means that injuries are a regular occurrence.Employers are under a duty under regulation 12 of the Workplace, Health and Safety regulations 1992 to make sure as follows:
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By Editor
July 24, 2009

Accidents, Crash Helmets and Motorcyclists

motorcycle-accident-claimThe highway code states that on all journeys, the rider and pillion passenger on a motorcycle, scooter or moped MUST wear a crash helmet. Those helmets must also be of construction which complies with the regulations and be properly fastened.
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By Editor
July 22, 2009

Hit by a Foreign Vehicle? Can I Make a Claim?

If you are injured by a foreign driver and foreign vehicle then you might be worried about how to make a claim if the vehicle is covered by a foreign insurer. Well, fear not! Fortunately the Green Card system operates to try and compensate drivers involved in accidents who are in just such a situation.
foreign-vehicle-plates
The Green Card system was set up in 1953 and covers 44 member countries. Its objectives are twofold:

1)      To facilitate movement of vehicles across state borders by the use of an internationally accepted document which proves the existence of insurance (the Green Card or International Insurance Card)

2)      To ensure that victims of accidents involving foreign motor vehicles are not disadvantaged.
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By Editor
July 21, 2009

Can A Stolen Car Passenger Claim Compensation?

stolen-car-passenger-claimsSo, you want to know if a passenger in a stolen car can claim compensation for injuries following a car accident? Not sure why you would want to know this? I’ll presume you are just interested in the area of law or may be you know someone you shouldn’t, lets just call him Fred…So Fred thought it was a good idea at the time to jump into a car with a mate who had just stolen it and go on a joy ride….. he runs it off the road and the car is rolled into a field, poor Fred is injured as a result…. What can Fred do?
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By Editor
July 21, 2009

Mesothelioma: Asbestos and Pleural Plaques Claims

A big decision is on the horizon in terms of bringing personal injury claims. This week the Ministry of Justice is expected to reveal whether it will reverse a landmark judgement that currently prevents people who have suffered illness related to asbestos to sue for compensation.

mesothelioma-claims

If the decision is overturned it will mean as many as 90,000 people a year who have been diagnosed with pleural plaques may be able to make a claim. Currently the Industrial Injuries Advisory Council has decided against adding the condition to the approved list of “compensatable disablement” schemes.
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By Editor
July 20, 2009

Knocked Over When Your Drunk? Can You Make a Claim?

Drunken pedestrians who are involved in accidents are usually found partially responsible for the accident and usually have there compensation reduced accordingly. However, every case is dealt with differently and how much the drunken pedestrian is held at fault depends on the specific circumstances surrounding the accident. The court will have to look at how at fault the driver is for the accident and also how intoxicated the drunken pedestrian was and how this affected his or her injuries.

drunk-pedestrians
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By Editor
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