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June 18, 2013

Injured while Manual Handling and No Equipment provided

manual handling compensation claimsWhen it comes to manual handling at work, there are specific regulations that your employer needs to abide by. These are the covered by The Manual Handling Operations Regulations 1992. Under 4.—(1) of the regulations, each employer shall:

(i) make a suitable and sufficient assessment of all such manual handling operations to be undertaken by them
(ii) take appropriate steps to reduce the risk of injury to those employees arising out of their undertaking any such manual handling operations

So, any manual handling activities you undertake should be risk assessed by your employer to determine how to best manoeuvre the load(s) and what prerequisites need to be taken in to account. As the title of this article suggests, we will look at your eligibility to make a claim in the event no equipment was provided to you for a manual handling activity.
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June 18, 2013

Product Liability Claim 100% Compensation

When we purchase or use a product, whatever the type of product, we expect certain standards. Most of us are aware that products should meet certain standards before they are allowed to be sold to the public. Indeed businesses making products for consumers must adhere and comply with product safety laws and regulations.

It could be said that the biggest burden or responsibility lies on the producers or manufacturers of a product. Although the product may be sold by a shop it is the manufacturer’s responsibility to comply with product safety laws. If something is wrong with the product and injury is caused as a result, any claim is likely to be directly against the manufacturer. It should be noted that shops and distributors do also have legal responsibilities.
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By Editor
June 17, 2013

Uneven Surface at Work Injury Lawyers Advice

uneven surface at work injury lawyers adviceThere are a lot of rules and regulations that your employer must abide by to ensure that the safety of all staff is maintained as much as possible. When it comes to the floor surfaces, the duty is clear, as per The Workplace (Health, Safety and Welfare) Regulations 1992 – these state the following:

12.—(1) Every floor in a workplace and the surface of every traffic route in a workplace shall be of a construction such that the floor or surface of the traffic route is suitable for the purpose for which it is used.

(2) Without prejudice to the generality of paragraph (1), the requirements in that paragraph shall include requirements that—

(a)the floor, or surface of the traffic route, shall have no hole or slope, or be uneven or slippery so as, in each case, to expose any person to a risk to his health or safety.

For the purposes of this article, the key parts are the bits bolded above. This puts a clear duty on your employer to make sure that all traffic routes are safe to navigate.
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June 14, 2013

Why we need Regulations when Working at Height

work at height accident claimsWhether you agree with health and safety or not, we live and work in a world full of rules and regulations. Working at height potentially poses a risk to health and safety and this is why the Government introduced the Work at Height Regulations, which came into force on the 6th April 2005. The regulations apply to all working at height instances where there is a risk of a fall that is liable to cause personal injury.

It is clear why the Government decided that more regulation in the area was necessary. According to statistics posted on the Health and Safety Executive website, falls from heights accounted for 46 fatal work accidents and around 3,350 major injuries in 2005/06. It was said at the time that falls from heights was the single biggest cause of workplace deaths and one of the main causes of major injury. As the statistics suggest, if you fall from height we are generally talking about serious injury or death. Obviously not all falls from height will lead to serious injury; it will depend on the height in question and the circumstances of the particular case. Injuries could be relatively minor but if you have sustained injury which was not your fault, it is still your right to claim.
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By Editor
June 14, 2013

Medical Negligence – Failure to read results!

medical negligence claimsEvery day we put our trust in the NHS and the professionals that we consider to be able to address and help aid us with any medical needs. However, unfortunately, sometimes mistakes are made which can result in awful circumstances where an individual is left with a life changing injury.

One of the hardest aspects of medical negligence claims is that with any medical procedure there will always be inherent risks which would be extremely difficult to make a claim for; so one of the first things to establish is whether what has happened was something that was explained to you as an inherent risk and something that unfortunately could not have been avoided or whether it is something that would not have happened had the negligence occurred.

There are many different circumstances that can arise under the general heading under “Medical Negligence” and in this blog I will focus on an occasion when a professional has failed to read results properly.  At one time or another most of us will have undergone or will undergo a test at the hospital – be this an x-ray, MRI scan, ultrasound – and we all understand that the sole purpose of these is to produce results that indicate what is wrong with us to enable further and appropriate treatment.
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June 14, 2013

Injury Lawyers For You!

the injury lawyers are professionals at dealing with child compensation claimsWe are The Injury Lawyers – and we offer a dedicated personal injury service that is tailored just for you and your individual needs!

A lot of people are a little shy about making a claim, so this is a quick article about what we can do for you and to try and put your mind at ease if you have been injured in an accident that wasn’t your fault.

Don’t be shy to ask!

If you think there is a chance that you might be owed compensation, don’t be shy about getting in touch with us. Don’t think to yourself that you are being ‘daft’ because you may not have a case – you never know unless you ask. So give us a call on our claims helpline on 0800 634 75 75 for a free and informal, no obligation, chat about what has happened. Remember – you could be owed thousands of pounds in compensation.
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June 13, 2013

What happens when a claim falls out of the Road Traffic Accident Protocol portal?

protocol in rta injury claimsRoad traffic accidents proceed through something called the Road Traffic Accident Protocol, which involves your claim being electronically submitted to the other side’s insurance through an online portal. Once the claim has been submitted through this portal, they have 15 working days (so around 3 weeks) to respond formally with their admission or denial of liability.

But what happens if they don’t respond in this time frame? And what happens if they deny responsibility?

In both of these circumstances the claim “falls out” of the portal system. In the case where they just simply do not respond the claim will then proceed through the personal injury protocol. Under this protocol the Defendants have just around 4 months to investigate the claim and respond with their decision.  In many claims, such as rear end shunts or other cases where it is extremely clear that a party is at fault, it is unusual for the claim to fall out as many insurers try to get these resolved as quickly as possible (another reason that they sometimes try and contact you directly!). Insurers may want the claim to fall from the portal for their own reasons; however this is of course frowned upon and seen as insurers not complying with the “spirit of the protocol” set down by the Ministry of Justice.
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June 13, 2013

Having Medical Attention after an Accident

seek medical advise asap after your accidentIf you have had an accident that was not your fault, and you are thinking of making a claim, here is one piece of advice I need to give you that could save your claim – have medical attention! Whether it’s a quick visit to your GP or nipping down to your local walk-in centre or to hospital, you should always see someone as soon as possible after your accident.

It’s important for two reasons – one is to make sure you’re OK, and the other is for evidence purposes. We will send you to see an expert that is qualified to prove us with a medico-legal report. This report serves two main purposes – it allows us expert lawyers to value your claim, and it also serves to prove that your injuries were caused as a result of the accident.
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June 13, 2013

Post Traumatic Stress Disorder

psychological injury claimsPersonal injury does not just mean physical injuries – psychological injuries can be just as life changing and sometimes can be worse because they cannot just be “seen and assessed”.

However, it is this that can also make including a claim for psychological injury incredibly difficult even if it is something that you consider is affecting your life just as much as your physical injuries. Some of the main hurdles to overcome are listed below however, it is always best to speak with a personal injury specialist direct if you are wishing to include this type of injury in your claim.

Recognised Condition

The condition that you are suffering has to be a recognised illness that a medical professional would diagnose. This includes things such as Post-Traumatic Stress Disorder, depression and anxiety. If the injury is not diagnosed it is incredibly difficult to include it in a case, which is understandable. For example; you wouldn’t try and make a claim for a broken leg if there is no proof in your medical records that you have had to have treatment for this injury!
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June 12, 2013

Recommended Personal Injury Lawyers

expert injury lawyersThere is a lot of competition when it comes to personal injury lawyers – and this can be incredibly confusing when you find yourself in the situation looking for someone to help you when you are considering making a claim. One of the main things to remember is that this solicitor will be with you from the beginning of your claim right through to the end and therefore it should always be someone that you feel comfortable and happy with.

One of the main ways of ensuring that the company you instruct is the best one to run your claim is to contact and instruct a firm direct. What I mean by this is that often your insurance company or a claims management company will try and direct you to one of their solicitors who will start pursuing your claim without you even having spoken to them before!

At first glance this may not appear as strange as I am making it, but would you really trust another person to buy a car for example without you first seeing the car and ensuring that it is the right one for you? Although a very different service, the principle is clear. Always ensure you speak with the personal injury firm direct before proceeding with any claim.
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