Whiplash injuries normally occur when a sudden movement occurs in your neck which causes it to move sharply. This movement can be forward, backwards, left or right. It is common for the injuries to occur as a result of an accident involving a car; however they can occur in other accidents such as sporting injuries or slips and trips.

What happens to my neck if I have whiplash?

When your neck has moved sharply, the tendons and ligaments in the neck can be damaged. Remember, your neck connects your head to your body so the tissue needs to be strong and flexible – but it has a limit.

It can take a long time for you to notice the symptoms of whiplash, in some cases it may take as long as 12 hours to develop. This means that the pain may not be noticed until a long time or in some cases the day after the accident.
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There are commonly two types of compensation available to Claimants of personal injury. These are compensation for (1) General Damages and (2) Special Damages.

How does General Damages differ from Special Damages?

General damages compensates the Claimant with any loss which occurred as a result of the injury. This is straightforward and includes things such as pain and suffering, disadvantage in the labour market and where daily tasks can no longer be carried out. In a settlement the general and special damages are settled by the Claimant (or more likely their solicitor) and the Defendant’s representative to recover the costs. If a settlement is not reached, a court can award general damages by looking at all of the consequences of the case.
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A concertina collision occurs where a collision, usually from the rear, causes a vehicle to be pushed in to another one in front. This can subsequently involve several vehicles if the force is pushing one vehicle in to another which forces that one in to another, and so on. They are often known as a ‘pile-up‘ as vehicles can pile-up behind each other in a long collision.

Common areas where concertina collisions occur

Concertina collisions usually occur where there is high volume traffic and the cars are ‘bumper to bumper‘. In these instances the cars behind do not have time to brake or move out of the way before then they crash into the car in front causing a ‘chain reaction‘ or ‘domino effect‘. Other common times when they occur are during extreme weather or when the road is wet. They are extremely dangerous when they occur on the motorway because of the speed in which the cars travel and the volume of lorries on the road.
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Employers are responsible for their employee’s health and safety whist in the work place. Employer’s liability insurance is therefore required by most employers, so that they can insure against liability for injury and disease which has been caused in the work place.

Employer’s liability insurance is a legal requirement, under the Employer’s Liability (compulsory Insurance) Act, and is a compulsory requirement in the UK.

Employer’s liability Insurance allows employers to be able to meet the cost of employees claiming compensation for an injury sustained at work. Bodily injuries or property damage can be covered by Employers Liability Insurance, as long as this has been directly or indirectly affected by the actions of the employer.  Most large companies insure employees for between 5 – 10 million pounds, and employers must make sure they are insured with a suitable provider.
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Whiplash is common, amounting for 76% of all bodily injury claims in the UK.  Whiplash is caused by a sudden impact or stop, which damages the tendons and ligaments in the neck, back, and shoulders. Whiplash can be caused by a sudden blow to the head or by head and shoulders suddenly being jolted forward. Whiplash is commonly suffered after Road traffic accidents.

Moderate whiplash symptoms:

• Tenderness
• Stiffness
• Headaches
• Pin and needles
• Vulnerability  to further trauma

All whiplash needs to be assessed by a medical expert. A detailed medical report will be needed to show the extent of suffering and to assess the severity of the condition. The medical report looks into the longevity of the condition and loss of amenity you have suffered as a result of the injury. There needs to be strong medical evidence.
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The Consumer Protection Act 1987 was brought in to help customers who have suffered death, injury or damage to their property from a defect in a product. An important aspect of the Act is that it makes producers strictly liable for their defective products which have caused harm. This means that to make a claim you do not have to prove that the manufacturer acted negligently.

It does not matter if you purchased the product or you were injured at work.

Who should I blame?

Producers who are responsible for the defect. This includes those who made part of the product which was defective or those of an industrial process who made the particular part of the product which caused a defect.
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Slips and trips at work, especially in storerooms, are fairly common. A lot of places lack the procedures that ensure tidiness in the workplace to ensure that clutter does not end up causing a slipping or tripping hazard to any employees.

The duty to ensure that the workplace is free from such hazards is your employers. If they fail to have good systems in place for keeping the storerooms tidy, or fail to enforce such a policy, you may be able to make a claim for personal injury compensation from your employers insurance.

Common examples of these kinds of claims that can be successful:
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Accidents can commonly happen in supermarkets, with customers slipping, tripping or falling because of the negligence of the supermarket.

Accidents commonly occur in supermarkets because:

• Wet floors and spillages
• Blocked aisles by cages or crates of stock
• Goods falling from supermarket shelves
• Defective shelves
• Defective supermarket trolleys

Under the Occupiers Liability Act 1957, a Supermarket owes a duty to each customer, ensuring that they take all reasonable steps to keep customers safe whilst shopping.  A supermarket needs to ensure that the premises are kept in a reasonable condition; clean and safe.
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When the government introduces regulations they can appear to be excessive in scope or “over the top“. However, they provide a minimum standard of health and safety which both you and your employer should follow.

What should your employer do?

Every employer should ensure that working at height is:

• Properly planned (including for emergencies and rescue)
• Appropriately supervised
• Carried out safely where reasonably practicable

When working at height your employer needs to make sure that the weather is suitable for you. Unless you work for the police, fire, ambulance or another emergency service.
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By definition, an occupier in common situations could be the owners of a shop, or supermarket, or restaurant etc.

Granting visitors permission

An occupier can invite people on to his property by giving permission to those people. This also includes people who have been licensed to enter the premises. If a contract is made for people to enter the premises, this is included, as are people who enter the premises if they have a right conferred by law.

An occupier has a duty to the visitors to see that they are reasonably safe in the premises for the purpose for which the visitors have gone or been invited there. This can be restricted in relevant circumstances.

The degree of care can differ in different situations. One example can include where occupiers should be more careful in regard to children as they may not take as much care as adults. An occupier can assume that a person will guard against any special risks so far as the occupier leaves them free to do so.
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