School complaints can often be a bit of a touchy subject – it’s not nice to think that we would ever have to claim from a public institution serving the generations of tomorrow. But, as I would like to think many of you would agree, health and safety is of even more importance in schools; particularly at infant and primary level.

As specialist personal injury lawyers, we rarely hear of an accident we haven’t already got experience in – so a great deal of our new claims come as no surprise. But when you hear of a child being injured through the schools negligence, it always feels different. I often ask myself: “how has an institution catering for the education of such young people allowed something like this to happen?” Naturally, the parents and guardians of the child claims we take on normally express their frustration and concerns to us quite honestly and openly; it’s a parent’s natural instinct to safeguard their children.

In infant and primary schools, health and safety should be at the forefront of every staff member’s minds. So, if your child has been injured at school, when can you make a claim for compensation?
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Hand-Arm Vibration Syndrome (‘HAVS’), also known as Vibration White Finger, is an industrial disease which has been diagnosed in thousands of people.  It occurs where someone is exposed to lots of vibrations in their hands and arms.  As such, those affected tend to feel numbness in their fingers and may even witness their fingers turn white.  Indeed, should the condition get worse, they may lose feeling in the whole of their hand and the hand my turn completely white.  In the worst case scenarios the sufferer may actually lose their fingers.

So when does this condition occur?  If you are a manual labourer for example and handle vibrating hand tools, such as drills and chainsaws, on a regular basis or prolonged period, you may well suffer from HAVS.  If you use vibrating hand tools regularly and you believe you may be suffering from HAVS, it is important that you seek medical advice.  It is then key that you seek the advice of a professional, quality injury lawyer who can advise you as to whether you may be entitled to make a claim for compensation.  By way of example, back in 1997 seven coal miners who regularly used vibrating tools obtained over £125,000 in compensation after being diagnosed with vibration white finger.  Moreover, since 2004 the Government has paid out over £100m to ex-coalminers who have brought claims having suffered from HAVS.

Why might you have a claim for compensation if you have been diagnosed with HAVS?  Simply because by way of The Control of Vibration at Work Regulations 2005 your employer must limit or protect your exposure to vibrations.  What does this mean?  It means that you employer has a duty of care towards you to ensure that you are not over-exposed to vibrations whilst you work.  It may be that you are only allowed to use vibrating tools for a certain period of time and that you are better trained in how to use these tools for example.
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Everyone enjoys going on a night out.  It may be for a meal with your loved one, for a good dance with your friends, or for a few after work drinks down the pub.  Whatever your night out, you would hope that you have a good time, relax, socialise and let your hair down. The furthest thought from your mind is that you may have an accident causing an injury.

There are many possible injuries which can be caused on a night out.  If we take the example of a night club – there may be spillages on the floor causing a slip hazard, or even items such as broken glass on the floor which could compound a fall injury making it worse, or could cause a laceration to the foot.  Even if someone else slips on a spillage which has negligently been left untreated, and pulls you down with them, you may still have a claim for compensation.

Like anywhere else, pubs, bars, nightclubs and restaurants have to abide by strict Health and Safety Regulations in order to keep their customers safe from harm.  You may think that the accident was your fault as you had consumed too much alcohol – but before you come to this conclusion you have nothing to lose by calling a solicitor who can advise you, free of charge, whether you have a claim.
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How can a child bring a claim on their own? Can someone deal with my claim for me?  These are just a couple of the questions we face at The injury Lawyers on a daily basis.  So what are the answers? Well, as you might expect in the case of a child, they are unable to undertake legal proceedings of their own accord.  After all, the child may be three, four or five years old, and could not possibly be expected to do so.  The law recognises this and understands that those under the age of 18 do not have the ‘legal capacity’ to bring claims on their own.  It is therefore necessary where the person who has sustained an injury is under the age of 18 that they have what is called a ‘Litigation Friend’.  In other words a responsible adult who can act on their behalf.  In the case of children, this will usually be the child’s parent or guardian.  Equally, this could be a social worker or another adult.  Importantly, this is also applicable to those who, by way of the Mental Capacity Act 2005, are deemed to be a ‘protected party’ and would similarly require a Litigation Friend.

Okay, but what if I am an adult myself, but I am frequently in and out of hospital as a result of my injuries and therefore cannot frequently deal with my claim?  It is not that you do not wish to deal with your claim yourself; it is simply that it is not practicable to do so.  Or maybe you are elderly or feel too distressed by your accident and do not wish to deal with your claim yourself. This is not a problem either.  Like a child, you can nominate a Litigation Friend, or simply have another person with the written authority to act on your behalf.

At The Injury Lawyers, we always advise that those nominated to be a Claimant’s Litigation Friend should have the very best interests of the Claimant at heart.  The Litigation Friend must be someone who the Claimant can put their wholehearted trust in.  They must be reliable and able to address all issues raised, just as you would.  Naturally, the Litigation Friend must not have a conflict of interest with the Claimant.
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Today’s roads are busier than ever.  We may sit in traffic jams in rush hour going to work, in rush hour coming home from work, and even going to the shops on a lazy Saturday afternoon.  It seems we are always going the wrong way against the traffic!

It is the state of the roads being so busy which means road traffic accidents are simply becoming more common.  It may be a case of someone rushing and speeding which causes a collision, or it may be a matter of someone just not paying the necessary care and attention to the road, causing them to run into the back of your car.  Whatever the reason or type of accident, it may cause you to have an injury known as whiplash.

Whiplash can occur as a result of a car accident, or even from falling from a height.  It is an extremely common injury.  It can be mild in nature with symptoms being less acute for a short period of time, or it can be more serious with extreme pain for the sufferer, maybe lasting years.
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Many careers involve regular working at height situations.  I am talking about careers such as tree surgeons, scaffolders, or TV aerial installers.  However, it is in many other careers, careers that you may not expect, that accidents from working at a height could occur. These could be a receptionist changing a light bulb, or a warehouse assistant attempting to obtain an item from elevated shelving so it’s no surprise that working at a height accidents are extremely common.

There is legislation in place aimed at decreasing the amount of accidents occurring from working at a height – these are quite aptly called the Working At Height Regulations 2005.  This is a lengthy piece of legislation, and the whole detail does not need to be the subject of this blog; however, there are a few important details which should be noted.  These being that any working at height situation should be properly planned and supervised using safety equipment that has been checked prior to use.

If this piece of legislation is not properly known and enforced by employers, there is a high chance that a working at height accident could occur.  Some of the most common accidents being falls from scaffolding, roofs, and ladders.
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When we talk of road traffic accidents, we tend to think that the crash involved two or more cars – we typically consider a road traffic accident to be a car crash.  However, as the name suggests, road traffic accidents incorporate all accidents that occur on our roads.  This includes accidents involving buses.  If you have been involved in a road traffic accident whilst you were a passenger on a bus, as would be the case if you were involved in a car accident, you may be entitled to compensation where you have suffered a personal injury.

If you have been involved in a bus crash and subsequently sustained an injury, it will be the case more often than not that the crash was not your fault.  As such you may deserve compensation to place you in the position you would have been had the accident not occurred, and you had not sustained an injury.  You should therefore contact a quality injury lawyer who will be able to advise you on your potential claim.  This may be against the bus company or the driver of the vehicle that caused the collision.

If the accident happened because the bus driver was negligent, you are able to pursue the bus company for compensation.  This is because they are vicariously liable for the bus driver.  In other words, because they employ the bus driver, they are liable for his actions.  The bus driver is their responsibility.  So, if it is considered that the bus negligently crashed, the bus or negligently accelerated or braked too suddenly, causing you to be thrown from your seat for example, you are entitled to make a claim for compensation against the bus company for your injuries.  Bus drivers are under a duty of care to their passengers and have to drive safely and responsibly.  If they do not adhere to this duty then the bus company they work for can be held liable for any injuries resulting from their negligence.
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At The Injury Lawyers we work on a no win no fee basis.  You may hear this term a lot adverts whilst watching television, marketing people stopping you on the street, or whilst completing your research on which solicitor to instruct for your claim.

Well, it may sound simple and straight forward, but in today’s day and age, knowledge is power.  This is why we at The Injury Lawyers want to inform you of all the in’s and out’s of the ‘no win, no fee’ agreement.

It is our belief and commitment to ensure that our clients receive 100% of their compensation.  This compensation a claimant receives is meant to put them back in the position they would have been in before the accident, plus an amount for the pain, suffering, and inconvenience of the injury. If we took a proportion of this compensation for our own costs, then this would not be putting you, the claimant, back in that position.  Therefore, if you win your claim, you get 100% of your compensation and do not pay us a penny; and if you lose, you still do not pay us a penny for our time on your case.
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When people hear of others getting injured at work, they tend to think of accidents occurring on a building site, accidents involving machinery, or maybe someone falling off a step ladder when putting items on shelves, for example.  It may therefore surprise some of you to know that one of the most common injuries suffered by workers are Repetitive Strain Injuries, or ‘RSI’s’.  What is meant by an RSI?  Well, RSI is a broad term which relates to the pain people suffer when they overuse a certain part of their body.  RSI affects different areas of your body, but these injuries most commonly occur in your wrists, arms, fingers, back, shoulders, elbows and necks.  Where someone carries out repetitive tasks for long periods and without sufficient time for rest, they may suffer an RSI.  Currently, RSI injuries are keeping thousands of employees off work for long periods at a cost of millions of pounds to businesses.

If you have a desk job and are sat in front of a computer all day, it would come as no surprise to us here at The Injury Lawyers to learn that you have suffered an RSI.  If you are currently in a job which has repetitive tasks, for instance working at a checkout, carrying out the same manual handling tasks over and over again, serving on a production line, or carrying out data entry tasks, and you are also in pain, this may be down to an RSI.  It is therefore important to consider whether you have any of the following symptoms – if you do, get yourself seen by your doctor and seek the advice of a professional injury lawyer who will be able to advise you as to whether you are entitled to compensation:

• Is there tenderness in your muscles?
• Are you unable to go about your normal business without being in pain?
• Do you suffer cramps on a regular basis?
• Are you in pain even when you are resting?
• Does a particular part of your body ache, feel numb or tingle?

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The roads today are busier than ever.  Most people have a car and a lot of families have two or more cars.  Not only are there more cars on the road today, but people are also much busier.  There are always places to go, and people to see; the rush hour in the morning going to work and the rush hour coming home, the school runs and the runs to the shops. People are rushing around, driving faster, with more things on their mind and therefore driving more carelessly.  It is therefore no surprise that road traffic accidents are on the increase.

If you have been involved in a road traffic accident and it was not your fault then you may be entitled to compensation.  However, if you were not wearing your seatbelt during the accident then your compensation can be reduced by up to 25%.  This is due to a legal term known as Contributory Negligence, whereby the court may deem that your injury symptoms may not have been as serious if you had been wearing a seat belt.

 The laws regarding wearing seat belts are simple for individuals over the age of 14 – the law being that all must wear a seat belt.  However, for children below this age they can be more complicated.  This is due to the fact that it depends on the child’s height as to whether an adult seat belt or child restraint should be used.  More information regarding this can be found at http://www.childcarseats.org.uk/index.htm.
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