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February 28, 2011

Accident at Works at Work – Equipment

I read today on the Health Safety Executive website that a man has been injured having been involved an accident at work back in 2009.  The HSE reports that Mr O’Brien has lost all movement in three of his fingers for life as a result of an incident at a construction site he was working at.  Mr O’Brien was using a drill at his work when his hand became caught in it as a result of it not being properly guarded.  As a result of the accident, Mr O’Brien needed to have a number of skin grafts and cannot resume work.

Jex Engineering Company Ltd, the company who employed Mr O’Brien, was taken to the court by the HSE for failing to ensure the drill was properly guarded.  That is, Jex Engineering had not recognised that the drill was not guarded when providing it to Mr O’Brien.  In fact, Mr O’Brien’s employers had instead stated that the drill had a guard when completing a risk assessment on it.  Later, Mr O’Brien’s’ employers did indeed plead guilty to the charges, in particular, to breaching Regulation 11(1)(a) of the Provision and Use of Work Equipment Regulations 1998 which require employers to prevent their employees from using dangerous machinery.

If, like Mr O’Brien, you have sustained an injury whilst at work, it is important that you firstly report the accident in the accident book which your employer has to keep by law.  This is important because it provides evidence as to your accident, and is the basis from which a claim for compensation can be made on your behalf.  The next stage in obtaining compensation is to get the advice of a quality personal injury lawyer who can provide you with free legal advice and no cost representation.  Good personal injury lawyers have years and years of experience in dealing with these types of claim and know exactly how to conduct your claim and make sure you get the maximum compensation you deserve.
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February 28, 2011

Do I have a claim? – Accidents on a night out

Night outs are something most of us look forward to. We look forward to the end of the working week when we can relax and meet up with friends and family. Whether it be going to the pub on a Friday night, a night club for a dance with friends, or for a meal in a restaurant with our loved one, most of us like to get dressed up and excited for these type of events. We do not anticipate an accident happening which is not our fault.

If you have had an accident whilst on a night out and it was not your fault, then you may have a claim for compensation. Many clients come to us after an accident of this sort and think they may not have a claim due to their consumption of alcohol. This may not be the case.  Our specialist team at The Injury Lawyers can give free assessment of claims – so there is nothing to lose by trying.

There are many potential hazards in venues, including slipping on a spillage, broken glass left negligently on the floor causing a laceration to the foot, or an accident which has been caused by the venue being overcrowded.  It may even be the case that another person has slipped and pulled you to the ground with them – this could also be a possible claim.
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February 25, 2011

Hand Arm Vibration Syndrome

Hand Arm Vibration Syndrome, also known as Vibration White Finger, is an industrial disease which is suffered by people in careers which require the use of power tools and machinery which have a vibrating effect.  These can include hand held power tools such as drills and chain saws or sewing machines, or pneumatic drills.

The name Vibration White Finger has started to be less commonly used in recent years as it became apparent that the disease involves many more symptoms than having white fingers.  The symptoms can also include numbness and/or a tingling sensation in the fingers, cold sensations in the fingers with some discolouration, and general aching up through the hand radiating up the arm.  In more serious cases of the disease, the sufferer may have a complete loss of feeling in the fingers which can radiate in to the hands. The symptoms can be different for different people, but for most sufferers, it can be a point of frustration.

The condition is thought to stem from the vibrations in the power tools / machinery causing minor injuries to the blood vessels and nerves in the hand. These injuries then build up to cause Hand Arm Vibration Syndrome.
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February 25, 2011

Road Traffic Accidents – Seat Belts

It seems that the roads are forever getting busier: we seem to be forever in a traffic jam going the wrong way to the traffic. Not only this, but people seem to want to get every where faster.  These factors together can mean there are more road traffic accidents as there are more people on the road who are driving without using the necessary care and attention.

Now we all know that not wearing a seat belt whilst driving is breaking the law. But with these increasing road traffic accident figures in mind, it can also be a life saving device.  Furthermore, and what many people do not realise, is that if you are not wearing your seat belt and you have an accident, there may be an affect for any personal injury claim you later make.

If you are not wearing a seat belt and you are involved in a road accident, the compensation to which you may be entitled to further on down the line may be reduced by up to 25% – in legal terms this is known as a reduction due to contributory negligence.
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February 25, 2011

Claims for compensation

At The Injury Lawyers one of the questions which we hear most frequently is ‘Have I got a claim for compensation?’ Now if someone calls The Injury Lawyers (and this can be anytime from 9am – 10 pm) with a potential claim, we have experienced staff on hand to explain there and then whether they have a claim.  Not only can they explain there and then, but this advice is also free of charge whether you have a claim or not.  So you have nothing to lose by asking.

We deal with a vast amount of different types of personal injury – there are many different situations which can cause someone to have an accident which was not their fault. I will list some of the sorts of claims which we deal with here at The Injury Lawyers most frequently:

  1. Road Traffic accidents – these are extremely common types of claims and include any type of vehicle whether you were in a car, on a motor bike or on a bus – with the main issue is that it was not your fault.  If the other driver is not insured or is untraceable you may still be able to claim for compensation from the Motor Insurer’s Bureau. 
  2. Clinical negligence – if you feel that you have not received adequate care from a clinical professional and it has lead you to suffer in some way then you may have a claim. This can include care whilst in hospital or from a General Practitioner.
  3. Accidents at work – these can include injuries from heavy lifting, slip and trips, or falling from a height etc.  If you feel your employer has been negligent in some way and this has led to your accident then you may have a claim for compensation.  Claiming from your employer can sometimes be a mentally difficult task but you should keep in mind that employers should have insurance to deal with such matters.
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February 25, 2011

Accident Claims Advice

Being involved in an accident that was not your fault is a trying time for anyone. It can be confusing just thinking about which lawyer you should instruct, what happens next, how much you can claim for etc. There are so many questions, and so many different answers. So here’s a guide on what to do and what you need so you know what course of action to take.

What to Do

If you have been involved in an accident that wasn’t your fault, there are two things you need to do right from the start.

Step 1: at the scene of the accident, exchange details with all relevant parties involved:

  • Road Accidents: exchange names, addresses, telephone numbers, vehicle details (reg, make, model, colour), and insurance information with any other vehicles involved in the accident, and any witnesses to the accident. If your injuries are debilitating enough to prevent you from this, the police should always be called.
  • Accident at Work: if you need help, shout for colleagues for assistance, and ensure your supervisor or manager is called to attend. If you are able to do so, ensure the accident is recorded in an accident book, and you note the names of any colleagues that may have seen what has happened.
  • In / On Premises (Shops, bar, restaurant, etc): again, if you need help, call for it. Ensure you speak to a manager or person in a position of authority within the premises to ensure your accident is recorded – get a copy of whatever they record as well. If there were witnesses, make sure you get their information.
  • On the Street (Council Claims): again, if you need help, call for it. You can also take the details of any bystanders that may have witnessed your accident, and taking photographs of the general area and whatever caused your accident is an essential thing to do. If you are unable to take any photos there and then, make sure you return to the scene as soon as you can to take some.
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February 24, 2011

Legal Expense Insurance / Legal Protection – The Sorry Truth

If there’s one thing we love here at The Injury Lawyers, it’s making sure accident victims get access to the maximum compensation they are entitled to claim for with the minimum of hassle and fuss for the claimant. Claiming for compensation is a common part of everyday life now – unfortunately, there are those out there ready and willing to profit from your claim in the wrong way – and this, we do not like.

Sure – we are a business. At the end of the day, we do turn a profit. But we always promise to go the extra mile with our clients by updating them far more frequently than most other firms, and spending more on our cases for a better outcome. So, who am I talking about?

Insurance Companies

If you’re a driver, check your motor insurance policy to see if you have the “benefit” of Legal Expense Insurance or “Legal Protection.” This is an extra on your policy which is normally either provided out of courtesy, or for a small annual fee. Your insurers will tell you that you are fully covered if you have an accident. Sounds great, right?
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February 24, 2011

Expert Compensation Lawyers

“I’ve been injured in an accident – can I claim for compensation?”

The answer: “perhaps you can”

If you’ve had an accident, and it wasn’t your fault, you’ve just taken one huge step towards being eligible to make a claim for compensation.

The idea of claiming for compensation is based on you, the blameless victim who has ended up injured, being compensated for your pain, suffering, and financial loss. If the accident was caused as a direct result of another person or company’s negligence, it is likely you can make a claim.

At the end of the day, it’s not nice being injured. Suffering from a fracture, bruising, a muscular injury (such as whiplash), a strain, a cut (and subsequent scarring), or a repetitive strain injury is not a nice thing to have to deal with. You are entitled to claim for compensation for the injury (or injuries) alone, and you are entitled to claim back any financial losses, or expenses you have incurred.
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February 24, 2011

Medical Negligence Claims

A lady has obtained compensation from the NHS after she was left injured when an operation did not go according to plan.  The Daily Post reports that the woman had had a series of operations on her foot to prevent it from overlapping and to correct her toes which were facing the wrong way.  However, as a result of the unsuccessful operation, where a joint was damaged and her big toe was left too short, the woman has been left in enduring pain with her balance affected, and she now has to use a mobility scooter if she wants to go anywhere.

As the Daily Post reveals, the woman in question notes that her ‘life since the operation has changed completely…I have to use a stick or crutches to walk long distances and I have to use the mobility scooter when shopping.’  Furthermore, the woman’s sleep has been disturbed, she has had had problems cooking, and she has needed to adapt her home and get help in to ensure that she can get through every day.  The compensation that the woman has received will therefore go some way in helping with the costs of the help that she has already paid for, and the costs of any help she may need in the future.  It is an attempt to put the woman back in the position she would have been had the incident not occurred.

The NHS has since admitted liability for medical negligence.  As you may already know, the NHS has an important duty of care to all its patients.  That is, when you are in the care of the NHS, your well-being is to be maintained.  After all, you undergo an operation to put right whatever is wrong, not to make things worse.  The NHS has a duty to carry out its treatments and surgical procedures correctly – not to make mistakes which will ultimately hinder your lifestyle.  If you have similarly had a failed operation you may also be entitled to compensation.  It is therefore important that you seek the advice of a professional and quality injury lawyer with years of experience in dealing with medical negligence claims.  At The Injury Lawyers we have this expertise and we are able to provide you with No Win No Fee legal representation. If you feel that you may have a claim, it is definitely worth giving us a call.  Please remember that you have three years in most circumstances from the date of your accident to make your claim.

By Author
February 24, 2011

Accidents On A Night Out Information

We all love going out.  This can be for many reasons – it may be because we want to socialise with friends, have a dance or just relax in the pub after work on a Friday evening.  Whatever the reason and whatever the venue for your night out, whether it be in a pub, club, bar or restaurant, the last thought in our mind is that we may have an accident that was not our fault.

If you have had an accident on a night out and it was not your fault then you may have a claim.  Any of the potential venues for a night out listed above have a duty to care for their customer as far as is reasonably possible.  They must also comply with strict health and safety regulations.

You may feel that you cannot bring your claim for personal injury as you had consumed alcohol. This is a query which many of our clients raise; it is simply a case of “you don’t know if you don’t try.”  Many law firms like The Injury Lawyers give free claim assessments, so whether we take your claim or not, it is completely free of charge to you to find out. On a good No Win No Fee, you are never charged for the claim either, so there is nothing financially to lose by trying.
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