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The antics insurers get up to when they want to save themselves some money can be unbelievable; and it’s even worse when people end up getting hurt! Here at The Injury Lawyers, we’ve heard it all:

• My insurers say I can’t claim because I don’t have legal expenses insurance
• My insurers say it’s a grey area for me to make a claim as a passenger in my husband’s car when  he is was at fault
• My insurers told me a No Win, No Fee lawyer will charge me if I instruct them

ALL of the above is completely untrue (with the exception of the last one as I can’t speak for all lawyers out there…)
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Training is important – without it, you wouldn’t really be able to know how to do certain things safely and correctly. In a workplace setting it is invaluable and it’s a requirement when it comes to anything that could cause you harm in the workplace.

Many of our own clients have had accidents at work because they have been poorly trained or not trained at all – you can make a claim for compensation if this has happened to you.

Don’t feel that it was your own fault because it was something you consider daft – if you didn’t know, you didn’t know; and if you’ve ended up injured, you should have known!
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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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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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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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Due to the natural ageing process, as we get older our hearing deteriorates. As such many people are unaware that they may be suffering from noise induced hearing loss (NIHL) and may be entitled to make a claim for compensation.
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Lifting heavy or awkward objects at work can carry a risk of injury – even if your employer has provided you with appropriate training. However, injury which has been caused by none or insufficient training and awareness means your employer could be liable for any injury that has been caused.

Your employer has a duty to take appropriate steps, to reduce the risk of any injuries. These steps are normally identified in risk assessments for the specific manual handling task you are instructed to undertake.

All employees who have an element of manual handling to their job role, which can range from warehouse workers moving lots of heavy crates to office workers moving boxes of paper or files, should receive reasonable Manual Handling Training. This normally includes showing you how to assess the weight of the load, whether the centre of gravity on the object is central, and how heavy and awkward objects should be lifted, pushed or pulled, including how to bend your body to do so. You also need to take in to account any potential hazards along the route to the destination of the lift. Are there any stairs to climb, for example.
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Personal protective equipment, or PPE, is equipment that is used or worn in the work place in order to avoid hazards that are created by a job. Personal protective equipment includes a variety of things such as safety goggles, ear plugs or protectors, face guards, protective footwear and gloves.

The type of and amount of equipment you will wear in the workplace will depend on the risks involved with your job.

The equipment can protect against minor scuffs and scrapes; however, on a more serious note, it can also protect against diseases caused by asbestos, hearing loss in noisy work places, and vibration white finger when using machinery.
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Employers have a legal obligation to provide all their employees with Manual Handling Training; if they don’t then they could be liable if an employee injures themselves when handling heavy / awkward objects. They must instruct all their employees on how to bend and lift in the right way, and ensure that heavier items are picked up using equipment to prevent an employee injuring themselves. However, commonly employers fail to conform to the rules surrounding the correct way of training their staff in manual handling techniques.

The most common injuries incurred as a result of negligence and / or none existent manual handling procedures are mostly to the back. The back is one of the most important parts of your body, and back pain could stop all aspects of your day to day life in its tracks. It can range from being an uncomfortable feeling in the affected area to unbearable and debilitating pain depending on the severity of the injury you have.

Manual handling affects everyone from factory workers to office staff; pretty much every job in one way another can include some form of manual handling.  Manual Handling is not just specified to lifting, but to pulling, pushing, carrying and lowering items.
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