In a workplace environment, there are strict rules in place that mean your employer must adhere to important health and safety legalisation to keep you safe in the workplace. The rules are vast, and they range from general workplace health and safety, covering traffic routes for example, to manual handling, protective equipment, general equipment, etc.
As specialist injury lawyers we deal with all sorts of personal injury claims. Accident at work claims are fairly common; especially ones involving slipping over in the workplace. As the title of this article suggests, we will be focusing on leaks at work that cause accidents.
Leaks in the workplace could arise from all sorts of things – water leaking from the roof, or leaks from faulty fridges, equipment, or anything like that. Normally a leak is a hazard that is easily picked up on. You notice some water accumulated on the floor, most people either investigate it or at least mention it to a manager or supervisor. Either way, as soon as your employer is made aware of a leak, an important duty is born for them to make sure that something is done about it!
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Accident Claims in a Train Station
I’m not much of a fan of train stations. There are too many people rushing around to catch their train in time, and they’re way too cold in winter when you need to stand around and wait for your (probably late) train. As a specialist firm of personal injury lawyers, we’re used to dealing with a wide range of claims for compensation; accidents in a train station are fairly common.
When you break it down, there are some strikingly obvious reasons why they are so common:
What information does my Lawyer need to Make a Claim?
This is a common question that many people ask when they are first thinking about making a personal injury claim, as many people worry they do not have enough information or proof to build a case. Hopefully this blog will clear up this query and put some worrying minds at ease.
As there are different types of claims, there are inevitably different pieces of information that are required for different sorts of cases. Therefore I will address the main categories of: Occupiers Liability claims, Accidents at work claims and Road Traffic Accident claims.
Occupier’s or Public liability claims
Slips or trips in a public places / pothole trippers etc. These cases can be notoriously difficult and therefore evidence can be vital; key pieces include:
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Overfilled Roll or Stock Cages at Work Accident Claims Advice
Accidents at work involving roll or stock cages are very common – we take on a lot of accident at work claims from defective cages and the like. One such example of these sorts of claims involves overfilled cages.
In today’s economic crisis, all businesses are trying to be as efficient as possible to cut costs and keep themselves afloat in these difficult times. You could say that a lot of Britons are somewhat overworked; I heard some statistics on the radio recently saying that we are one of the hardest working nations in the world, and we work much longer hours.
Sadly, with cost cutting comes corner cutting. Corner cutting can lead to health and safety breaches and subsequent injuries. As the topic of this article suggests, I’m discussing overfilled stock cages here. In these difficult times, packing as much stock on to one delivery lorry as oppose to two could save hundreds or thousands of pounds in the long run for a business.
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Moving Boxes at Work above Head Height
All manual handling activities at work require at least two key things: training, and risk assessments. Any employee who is instructed to undertake manual handling activities at work absolutely must receive quality training from the employer in safe and correct lifting techniques. On top of that, any activities must be fully risk assessed to make sure that the task is safe to carry out. These are legal requirements.
Even with proper training, if a task is not safe due to some form of other risk, then the task needs to be looked at carefully. Common examples are the size and weight of an object, obstacles on the route of the lift, and whether the objects are in a location that is safe to lift from. A classic example is that of the beer barrel deliveryman who in the past may have been subjected to lifting heavy kegs of alcohol in a basement whilst crouched down low due to a low lying roof. This can be a killer to your back!
Another example as the title of this article suggests, is that of stacked boxes or loads being on a shelf or at any other form of height. If you need to lift a box from stomach height, you can normally apply the manual handling regulations and safely lift the load so long as it is of a weight and size that is suitable to do so. However, if the box is above head height, you are at risk of injuring yourself as you try and lift the load from the height due to the position of your back.
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Physiotherapy Mitigate Losses with a Personal Injury Claim
In a claim for compensation you have a duty to do mitigate your losses. This means that you have a duty to keep your losses to a minimum. You can, of course, recover compensation for your injuries and for the losses you incurred as a result of the accident. Your losses could be anything from damaged clothing, requiring care and assistance, paying for medication etc. The duty to mitigate your losses also extends to your physical injury. If there is something that you could do to minimise or reduce the length of your injury, then you should do it; especially if it is offered to you.
This can be better explained by using physiotherapy as an example.
Say for example you are injured in a car crash that was not your fault. Another vehicle drove into the rear of your vehicle and as a result you sustained a whiplash type injury. It is likely that the other side will offer to pay for a course of physiotherapy treatment for you. If this is offered and you decline the treatment then the Defendant could (and most probably would) argue that you are failing to mitigate your losses. By having physiotherapy treatment the idea is that your injury may resolve earlier. For example with physiotherapy treatment you may make a full recovery from the injuries you sustained in the accident within 6 months. Without such physiotherapy treatment you may not recover from the injuries you sustained in the accident until 9 months after the accident.
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Slipped down stairs at work – personal injury claiming
We deal with all types of personal injury claims including accidents at work. If you have slipped down stairs at work, sustaining injury as a result, then you may be able to claim compensation. People are often reluctant to pursue a claim against their employer and while this is certainly understandable, if you have sustained injury through an accident which was not your fault, it is your right to claim compensation. It is also important to note that the general rule is that you must issue Court Proceedings on a claim or settle the case within 3 years of the date of the accident. Therefore it is better to make a claim sooner rather than later!
There are many regulations in place which employers should comply with.
Employers are under a duty to keep employees safe and free from harm during the course of their employment. If you slipped down stairs at work then initially we would look at what caused you to slip. Did you slip because the floor was left wet? Did you slip or fall because there was a defect with the stairs? Did you slip because you were carrying something which impeded your view of the stairs? There are many possibilities but if one of the above happened then it is likely that you do have a claim against your employer.
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Manual Handling at work – Stairs, Obstacles and Risk Assessments
Manual handling is important to get right. Getting it wrong can result in serious injuries; so it’s key for employers to make sure that they deal with manual handling activities in the correct way.
The two key things are training and risk assessments. Anyone, no matter what industry or working environment you are in, must have manual handling training if manual handling tasks are encompassed in their role. This training is not just a one off thing; there must be ongoing training to ensure that people receive refreshed training on a continual basis.
The second key thing is risk assessing a task. An employer should fully risk assess a manual handling activity to look at things such as:
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Pulling out from a parked position compensation claims
If you know the basic rules of the road, you should know that when you are emerging from a parked position, you need to make sure that the road is clear in both directions so that you don’t pull out on anybody. That means checking your blind spots as well as your mirrors with a good gaze over your shoulder, and looking ahead to make sure the entire road is clear.
So what happens if you are happily driving along and another driver ignorantly pulls out of a parked position and collides with your car? In theory you have a fairly straightforward claim for compensation. The damage areas to your car should show that your version of events is correct, and it’s always wise to whip out your smart phone and take some snaps at the scene of the accident, and call the police if necessary. If there are any witnesses to the accident, please make sure you take their information.
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Other Driver Won’t Admit Liability
Normally it can be fairly easy to tell who is at fault in a straightforward road traffic accident. However, in some cases like accidents on a roundabout or a head on collision, the damage areas on both vehicles may not clearly show who is to blame. I’d like to think people would be honest and admit if they were at fault, but we all know we don’t live in an ideal world. As such, you can end up in a situation where the other driver won’t admit liability for the accident even though they were at fault.
There are commonly two scenarios when this kind of thing happens. The first is that you instruct a quality personal injury lawyer like us to fight for your claim for compensation. As specialists in personal injury claiming, we can instruct experts and obtain all sorts of evidence to help prove your case. Make the claim as quickly as you can as there may even be CCTV covering the surrounding area that we can obtain. However, most places get rid of footage after a mere few weeks so we need to secure it as quickly as possible.
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