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In the case of Burgess v Plymouth City Council the person making the claim against the Council was a cleaner for a School. The lady went into a classroom and tripped over a box used for storing lunch boxes and sustained an injury. The Local Authority (that’s her employer) disputed that they were responsible and therefore refused to offer her any compensation for her injury and other losses. Her employer argued that the cleaner ought to have been looking where she was going and it was her job to clean the classroom and that they had not breached any of the statutory duties (i.e. Workplace regulations).

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Car accident claims at Low Speed (in Legal world we call these Low Velocity Collisions) LVC – Low Velocity collision, what is this? A common occurrence of this is when another driver drives into the back of your car when you are stationary. Well, lets not go into why they don’t actually slow down enough not to collide with you at all, and why they see you last minute, (despite the very fact that you are in a big highly visible car right under there nose and one would hope in front of there eyes) then slam the brakes on…. slow down to what they claim is a snails pace and hit you at very low speed.

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Where a loved one has been involved in an accident which has led to their death, it is likely that compensation and damages will be the last thing on the minds of those who cared about them. However, where the deceased left behind people that they looked after, supported or were dependent on them, then those dependents may be able to claim damages.

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As discussed in the previous post about accident at work regulations, there are some really helpful Work Regulations which can be used to win your injury claim if you have had an accident in the workplace.

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When an individual has suffered through medical negligence it can be a very traumatic time. People place a lot of trust in doctors and medical practitioners and naturally when it comes to health issues are more often than not keen to take the advice and recommendations of a qualified medical professional.

This can make it all the more difficult to cope when such a professional falls below the standard of care that they are expected to provide to their patients.

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Regulations 5 of The Workplace (Health, Safety and Welfare) Regulations 1992 is really helpful Regulation in many accident at work claims that we run. So, you may ask what is Regulation 5? What does it relate to and what significance does it have to me?

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Imagine your having a bad day… your running late for work, you hit traffic and every red traffic light on your route, and then just as you are about to pull into the car park, BANG WALLOP some clumsy driver smashes straight into the back of your car. Youv’e been injured and your pride and joy is a mangled mess, then to top it all, you find out the other driver doesn’t have insurance! You think it can’t get any worse and errrr, actually you just might be right.

In fact it gets a little better because we tell you about the MIB, no not the Men In Black, but the Motor Insurers Bureau…
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The Workplace Regulations are there to protect workers from accidents at work.

If you have an accident but are not a ‘worker’ then you are not likely to be able to claim under The Workplace Regulations but that doesn’t mean you can’t claim in another way. It just means that you can’t benefit from this excellent bunch of regulations.

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A green light does not give a driver an absolute right to proceed to the junction.

A leading case illustrating this is Radburn V Kemp courts will look at the approach taken in this case when deciding liability. In this case a cyclist had proceeded through a green light and was in the middle of the junction, before the cyclist could take his exit, the lights changed and the lights in the opposite direction changed to green.

A driver coming from this direction drove through the green light and hit the cyclist waiting at the junction. The court held the driver 100% to blame even though he had a green light.
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A client recently asked, “Are all Accident at Work Claims Brought Against the Employer?” Good question but a better one would be: who owes you, as an employee, a duty of care? Firstly, the law, the part that’s going to show you’ve done your research and you know what you’re talking about.

Regulation 4 of The Workplace (Health, Safety and Welfare) Regulations 1992 establishes who owes the duty of the care in the workplace.
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