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February 15, 2013

Wet Floor Injury Claims

wet floor claimsHere at The Injury Lawyers we deal with many claims whereby people have sustained injury as a result of slipping on a wet floor. This most commonly occurs on premises such as supermarkets, shops, restaurants, bars, and clubs, as examples. You could slip on a wet floor whilst at work or whilst out doing your shopping. A wet floor is a hazard and whoever is responsible for the land or premises in question (the occupier) may be negligent and have to pay compensation to injured victims.

When floors are cleaned such as in a supermarket or shop, a wet floor sign should be deployed and displayed prominently. Displaying a clearly visible wet floor sign could be enough for the supermarket or shop to escape liability if someone slips and sustains injury.

If a wet floor sign is not erected and a person slips, sustaining injury, then it will be very difficult for the occupier to escape liability. A wet floor sign should always be erected after floor cleaning to warn people of the danger.
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By Editor
February 15, 2013

Reporting Faulty Equipment in the Workplace – Compensation Claims

reporting faulty work machinery claimsIf you have sustained injury at work then you may be able to make a claim for compensation. Perhaps you sustained injury due to faulty equipment in the workplace as this is a fairly common scenario.

Following the enactment of the Use of Provision and Use of Work Equipment Regulations 1992 your employer is under a duty to ensure that equipment, machinery and vehicles that you use at work are suitable for their intended use. There is also a duty to ensure safety and maintenance. Further, there is a duty to make sure that the equipment, machinery or vehicle, is only used by people (staff) who have received adequate training and instruction. The equipment, machinery or vehicle must also be accompanied by suitable safety measure. The safety measures could be protective devices, markings, warning signs etc.

Your employer should ensure that equipment, machinery and vehicles are regularly checked and maintained. If an employee notices a fault then they should notify a manager or supervisor as soon as possible. However the ultimate duty is on the employer and hence regular inspections and maintenance procedure should be carried out.
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By Editor
February 14, 2013

How a Personal Injury Claim Works with Pre-Action Protocols

pre-action protocol in personal injury claimsPre-action protocols were introduced for a number of reasons. The main reason was to speed up the claims process by providing guidelines as to when insurers should respond to a claim. Most personal injury claims come under a certain protocol, all of which differ slightly.

Road traffic accidents now come under the road traffic accident protocol, industrial disease claims (e.g. industrial deafness, vibration whiter finger etc) come under the disease and illness protocol and most other personal injury claims (e.g. work accidents, trips/slips etc) come under the more general personal injury protocol. Note that road traffic accidents differ slightly in the sense that a claim can “fall out” of the road traffic accident protocol. This is because road traffic accident claims are submitted through an online portal and should insurers fail to respond to the claim in time (within 15 business days) then the claim falls out of the road traffic accident protocol and continues under the more general personal injury protocol. This means that different time frames are then in operation. This also has cost consequences as Solicitors are only entitled to recover fixed costs for claims dealt with on the online portal under the road traffic accident protocol.
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By Editor
February 14, 2013

Personal Protective Equipment at Work

personal protection equipment at workMost industry workers will be aware of the term PPE, or Personal Protective Equipment. In many jobs PPE is required in order to keep workers safe and free from injury or harm. Without adequate PPE injuries are more likely to occur and this ultimately can cost a company a lot of money in dealing with personal injury claims. There is a duty on employers to keep employees reasonably safe and free from harm. One method of protecting employees from harm is providing them with adequate PPE.

PPE can be in many different forms from hard hats, steel toe cap boots, overalls, high-visibility vests, goggles, gloves, ear muffs etc. Each item of PPE is designed to protect employees from hazards in the workplace. Workers who use potentially dangerous chemicals as part of their job (such as employees of pharmaceutical companies) should be provided with adequate eye protection. Equally people who work in the steel industry should be provided with adequate hearing protection and people who work on building sites should be provided with hard hats, high visibility vests and potentially other protection such as hearing protection.
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By Editor
February 13, 2013

Quantum – How Much a Claim for Personal Injury is Worth

medical evidence is important in personal injury claimsMost people want to know at the outset of a claim how much compensation they are likely to recover. While this question is understandable to ask, Solicitors cannot give you a value with any great certainty at the outset of your claim. To understand why this is the case, you need to look at how claims are valued. In law, another term for value is quantum. When a claim is initiated your injuries are more likely to be still ongoing rather than resolved, unless there was some delay between the accident and you bringing a claim for compensation.

Either way, to value a claim we rely upon medical evidence. We arrange for you to be examined and assessed by a suitably qualified and experienced medical professional. The type of expert that examines you will depend on the nature of your injuries. You may be examined by a General Practitioner Expert, an Ear, Nose and Throat Surgeon, an Orthopaedic Expert, a Psychologist, etc.
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By Editor
February 13, 2013

Petrol Station Compensation Claims

petrol station forecourt claimsThere are certain places where road accidents commonly occur. The more common ones are roundabouts, from side roads, car parks, and petrol station forecourts / garages. For this article, as the title suggests, I’m going to focus on claims on a petrol station forecourt involving cars.

You fill up your car with overpriced petrol, wincing at the price that comes up on the screen at the pump, and then begrudgingly make your way to the kiosk to tear a huge hole in to your pocket given the high price you have to pay to keep your car on the road. This naturally means you’re likely going to walk across a petrol station forecourt – which of course is full of cars moving around after they’ve finished filling up and paying. Right there is one of the primary reasons you can be injured on the forecourt; because there are generally no designated traffic routes around.
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By Author
February 13, 2013

Occupiers Liability Claims

Occupiers Liability ClaimsIf you sustain injury on someone else’s premises or land, then you may be entitled to recover compensation.  This is because occupiers of premises or land are under a duty to take reasonable care for those using the premises or land. This area of law is commonly governed by the Occupiers Liability Act 1957 (which deals with accidents involving lawful visitors) and the Occupiers Liability Act 1984 (which deals with accidents involving trespassers).

An “occupier” of premises or land is someone who is in control of that premises or land. This could be control of a supermarket, a shop, a warehouse, a car park, etc. The occupier could be an individual, a company, a local council or a partnership. If there is an argument or disagreement as to whether or not someone is an occupier, the Courts look at the judgement in Wheat v Lacon [1966] which noted that a person is an occupier if he has a sufficient degree of control over premises that he ought to realise that any failure on his part to use care may result in injury to a person lawfully there. The Occupiers Liability Act also notes that occupiers must be prepared for children to be less careful than adults. This means that if a child does something a little bit silly, such as eating poisonous berries in a park, sustaining injury, then liability could be established – this was the facts in the case of Glasgow v Taylor [1922].
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By Editor
February 13, 2013

Industry Worker Deafness

industrial deafness claimsHearing deteriorates with age and this is something that we cannot avoid. As we get older it is likely that we will require hearing aids. When people start to lose their hearing it is natural and automatic to put the deficiency down to age. However if you worked in an environment with excessive noise levels, have you considered that you may be suffering from industrial deafness/noise induced hearing loss?

The fact of the matter is that many people are not aware that they are suffering from industrial deafness. They notice a hearing deficiency and automatically assume this is due to the natural ageing process.

If you were exposed to excessive noise at work then it is likely that you will have developed industrial deafness/noise induced hearing loss. You may not notice a hearing problem at the time of the exposure to excessive noise. This is normal. What happens is the noise levels damage your hearing but you only notice the hearing loss when you get older and age associated hearing loss adds to the noise induced hearing loss. By having a hearing test, an Ear, Nose and Throat Surgeon may be able to advise you if you have any hearing loss which is due to noise exposure.
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By Editor
February 12, 2013

Whiplash Claims Compensation Offers – How Much Will I Be Paid?

Whiplash claims are oh so common; and the question as to how much compensation you are allowed to recover for a whiplash claim is all over the internet. We have done a fair few articles on this topic in the past, but the reason I wanted to write about this today is because I have a whiplash claim and I’ve just received my very first offer! Very exciting…
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By Author
February 12, 2013

Quickest Injury Lawyers

get your claim sorted fast with expert personal injury lawyersPursuing a claim for compensation is a big decision and is one that in a lot of circumstances is a necessity to cover any losses and of course help with any future inconvenience. Therefore when you are looking for an Injury Lawyer, you want one that will ensure your claim is run efficiently and brought to a successful conclusion as quickly as possible.

The first step to ensuring that this will happen is to instruct your own solicitor directly. This cuts out any middle men such as claims management companies and claims farmers who will simply gather your details, and hold on to them before referring them to a solicitor. This solicitor may then take time to process the claim and contact you and so on and so forth. As you can see this is a lengthy process and one that can simply be completely avoided by contacting a solicitor direct. Here at the Injury Lawyers, we can get your claim moving the exact same day. We simply gather all the information we need and get things moving- it really is that simple.
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By Author
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