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September 23, 2010

An Industrial Accident of the Worst Kind – Falklands Hero Dies through Health & Safety Breach

Health and safety rules and regulations are so important – They are there to protect us and prevent anyone from coming to harm; and it’s the reason there are so many we must abide by. There are of course arguments against some regulations that are seen as a waste of time by Mr Cameron and the Con-Dem Government; and although this next story relates to an industrial accident which I am sure our PM won’t be looking to cut back on, it’s an example of the consequences that can occur when health and safety falls short.

According to sources from the Metro Newspaper, a decorated war veteran has been killed in an accident after a colleague switched on an industrial seized blender which he was cleaning from the inside.  Paul Palmer, 44, from Radcliffe, Bury, has served in Bosnia, the Falklands, and Kuwait during his 13 year military career, rising to the rank of Sergeant in the elite 3rd Battalion Parachute Regiment and earning five medals of honour. Sadly, a colleague turned on the machine whilst he was cleaning it on the inside.

But how could such an incident have happened? According to the report, the machine was designed to make it impossible to turn on whilst someone is inside it. Apparently two cut-off switches failed to operate, and Mr Palmer was tragically killed by the machines blade after suffering multiple injuries. This is just something that should never have been allowed to happen.
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September 23, 2010

Baby Orphaned After Road Traffic Accident

A tragic road traffic accident in Australia has led to a 13 day old baby being orphaned after both her parents were killed in the smash.

The accident happened on 19 September near Sydney Australia whilst the parents, 42 year old Justin Shcollbach and 33 year old Leah James, were travelling back to their home in Kurnell after visiting their 13 day old daughter Lucy Schollbach in Sydney’s Royal Hospital for women. They were just minutes away from reaching home after the hour long journey from the hospital.

The local police are currently investigating the accident however it is understood that the car veered off the road and hit a street lamp at high speed. Both parents died at the scene from their injuries.
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September 23, 2010

Duties Owed by Driving Instructors

When you begin your driving lessons you put your trust in the instructor and the fact that it is them who are responsible for your driving. They will teach you everything you need to know about driving a car, and do it responsibly and with patience.

Some people may be unclear on exactly what duty of supervision and care that a driving instructor owes their pupil.  The duty of a driving instructor to a pupil is the same as that owed by a supervisor to his friend (Ritchie, 2009).

If a learner driver becomes involved in a car accident, whilst under the supervision of a driving instructor it is important to cover the instructor’s role in the accident. The judge would need to look at whether the driver was ready for the driving expected of him. And what the instructor could have done to prevent the accident, and any negligence demonstrated.
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September 23, 2010

Hazards at Work

When we get up in a morning to go to work in the morning the last thing we want to happen during the day is to come to any danger. We all know that the harsh reality of life is that accidents do happen, and no matter what lengths some employers go to, they simply can’t be avoided.

Yesterday there was a story in the Daily Mail about a man who had lost two brothers due to accidents in the workplace. He lost one of his brothers due to asbestos poisoning a few years ago. Asbestos is a disease that some workers can develop in the work place. It can take over twenty years to show it’s symptoms but when it does they can be deadly. He lost his second brother when someone turned an industrial machine on, that he was inside cleaning.

The death of the first brother was unfortunately unavoidable. Asbestos disease is popular amongst work men, or in fact anyone who works with buildings.  Asbestos is a good insulator so was used a lot in houses and buildings that were built in the 1950’s up to the year 2000. So anyone working on a building before the year 2000 is at risk.
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September 23, 2010

Pedestrians

All road users should show pedestrians a duty of care when using the road. As a pedestrian you are more vunerable than any other road user. This is why it’s important that if using the roads at night you are walking in a well lit area or are wearing high visibility clothing. This will help other road users to spot you.

If you do become involved in a road traffic accident then you should move to a safe place, where you are no longer at risk from other drivers. If badly injured yourself or the other party involved should call the emergency services to look over your injuries.

After being involved in a road traffic accident you should try to get as much information as possible. You should get the name, address and contact number of the other party involved. Write down the make of the vehicle they were driving and its registration along with their insurance details. Any photos of the scene of the accident would be of help when pursuing your injury compensation claim, or any photos of your injuries.
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September 23, 2010

What is Third Party Capture?

Third Party Capture is when an insurer deals directly with a claim against their policy holder, rather than the other party involved bringing in a lawyer. This allows them to compensate you with an amount that is acceptable to them.

Is this the best way?

Although Third Party Capture may seem like the fastest way to sort out your compensation claim, it’s also the most unreliable. Because you’re leaving it to the other party’s insurer to sort out your compensation claim, there is no one fighting in your corner to ensure you get the amount you deserve. If you’re not familiar with the area of injury law then you won’t have any idea to whether the amount you’re being offered is too little.
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serious injury from manual handling
September 23, 2010

Injured on a Zebra Crossing! Who is to blame?

A zebra crossing is a type of pedestrian crossing that allows pedestrians to cross the road safely. Unlike some other crossings they are uncontrolled by traffic lights and can be identified by white staggered lines that run across the road. Although most pedestrians and road users will be aware of this type of crossing, they may not be aware of who has the right of way.
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September 22, 2010

Accidents at Work Claims

Whatever career you have, at some point you will have to use a form of work equipment. Whether you work in an office or on a building site, the course of your employment will consist of you using equipment provided by your employer. This may mean using large industrial machinery or chairs and work stations. Whatever the risk, your employer has a duty to protect your health and well being, because faulty equipment can cause accidents. 

There are other items in your workplace that may cause you injury if they are not correctly maintained. These include lighting, fixtures and fittings, fans and air-conditioning units, heaters and boilers. It is important that your employer carries out regular checks on these items because if not they could be putting your health and safety at risk.
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September 22, 2010

Motor Vehicle Compensation Claims

All motor vehicle users owe a duty of care to other road users, including other drivers, cyclists, motorcyclists, and pedestrians. Any one driving a motor vehicle in the UK must by law hold a full UK driving licence, have a valid MOT certificate, valid insurance documents and road tax. If a driver on the road only holds a provisional driving licence then they must be accompanied by a fully qualified driver who is over 21 and has been driving for at least three years.

 The driver of a motor vehicle may be regarded as negligent if they become involved in a road accident and it is revealed that:

  • The driver of the vehicle was speeding
  • Failed to break
  • Failure to control the vehicle
  • Doesn’t regard traffic signs or warnings
  • Fails to keep a look out for other road users

If you have been involved in a road accident it is important that you take the details of the other party involved. They should have car insurance, however in some cases drivers choose not to, by doing this they are breaking the law and could face a prison sentence.
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September 22, 2010

RTA Guide: Motorcycles

Some people love motorcycles, some people steer clear of them at all costs. The people that love them see them as a huge convenience for avoiding the congestion on our roads. Motorcycles are the faster way of getting around, as they can easily cut through traffic. Motorcycles and mopeds are becoming more and more popular. A lot of motorcyclists feel that riding their motorcycle is a much more exciting and exhilarating way to get around.

Although there are many positive points of using a motorcycle there are also a lot of negatives. As a motorcyclist you are 57 times more likely to be killed in an accident than a car driver. You represent approximately 1% of the traffic on our roads in the UK but account for 19% of all deaths and serious injuries.

The Government recently launched a campaign called Think! One of the things they wanted to gain from the campaign was to make car drivers more aware of bikers, and to see them as people not just objects. They released figures which stated that 493 motorcyclists died and 5,556 were seriously injured in road collisions in 2008 in Great Britain.
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