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August 13, 2009

Computer Screens and Work Claims

computer-screen-claimsComputers have been commonplace at the workplace for years now and the regulations that cover the screens to protect you are called The Health and Safety (Display Screen Equipment) Regulations 1992

These regulations are one of the few which are specifically targeted at a particular type of equipment and a particular activity – that’s your computer screen and the way in which you use it!

So what should your Employer be considering when there is extended use of computer screens in the workplace? In broad terms, the following points should be considered by an Employer:
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By Editor
August 13, 2009

Personal Protective Equipment and Work Accidents

ppePersonal Protective Equipment (PPE) is necessary to protect you in particular against health and safety risks to vulnerable areas of your persons i.e. your head, face, eyes, skin, hands etc.

The Personal Protective Equipment at Work Regulations 1992 impose a fairly strict regime for both Employer’s and Employee’s to follow and these are intended to work together to provide you the employee with the most effective protection.
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By Editor
August 13, 2009

Can I Still Bring a Fatal Accident Claim After 3 years?

3-years-claimThe limitation period in terms of claims involving fatal accidents is normally 3 years from the date of death. After this point the claim will normally be statute-barred, meaning that the claim can no longer be brought. The purpose of this is to protect individuals from being subjected to claims a considerable time after they might reasonably have expected to have to defend the claim.

However, there may be circumstances in which a claim can be brought outside of that limitation period. A good example would be if the person bringing the compensation claim was a minor at the date when the accident happened. The 3 year limitation period will not start to run in this case until the claiming party reaches the age of 18. This helps to protect children from any exploitation which they might be vulnerable to had they brought a claim at an earlier age, provided of course that they were a dependent of the deceased.
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By Editor
August 12, 2009

Contributory Negligence – Technicalities

contributory-negligenceContributory negligence is when the other party (the ‘Defendant’ in law speak) admits that they are at fault for your accident and will pay you compensation but want to pay you less as they feel you are partly at fault for the accident. For example, if they successfully allege that you are 20% at fault for the accident then the other party will pay you 20% less than the value of your claim.
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By Editor
August 12, 2009

Failure to Obey Road Signs and Accident Claims

traffic-signsIf a driver ignores a road sign, they do so at their own risk. In the case of Buffel V Cardox ltd, a cyclist crossing the main road was injured by a lorry travelling up that main road.

About 95 yards from the crossing there were signs and studs in the road warning drivers on the main road to ‘slow’ and there were also a cross roads sign and a flashing beacon to warn drivers of the dangers ahead but the lorry driver on the main road decided to ignored the road signs failing to slow down and carried on driving at a high speed, which the Court found to be a dangerous speed for the road conditions.
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By Editor
August 12, 2009

Trips and Slips: Is the Surface Suitable for Purpose?

Trips and slips are common place in the workplace. Unfortunately, this means that injuries are a regular occurrence.Employers are under a duty under regulation 12 of the Workplace, Health and Safety regulations 1992 to make sure as follows:
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By Editor
July 24, 2009

Accidents, Crash Helmets and Motorcyclists

motorcycle-accident-claimThe highway code states that on all journeys, the rider and pillion passenger on a motorcycle, scooter or moped MUST wear a crash helmet. Those helmets must also be of construction which complies with the regulations and be properly fastened.
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By Editor
July 24, 2009

Teenager Attacks Firefighters With Fireworks

firefighters-attacked-fireworksA teenager has been sent to prison for 6 months following an attack on firefighters. Greig Deans was one of a gang of teenagers who were involved in launching fireworks at the emergency services as they responded to an emergency call out on bonfire night last year. Allegedly, Deans, now 16, threw a firework at an emergency crew who were called to deal with an illegal bonfire in Aberdeen. He was sentenced to six months in rehabilitation in a young offender’s institute with the Aberdeen Sheriff Court indicating that his detention was necessary as a deterrent to others.
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By Editor
July 22, 2009

Causation – What is This?

causationIn order for a victim to successfully pursue a claim for compensation the injured victim must prove that the other party (known as the Defendant) was not only negligent (i.e. at fault for the accident) but also that the negligent party by his or her negligence caused the victims injuries and other losses sustained ( we call this ‘causation’).
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By Editor
July 22, 2009

Hit by a Foreign Vehicle? Can I Make a Claim?

If you are injured by a foreign driver and foreign vehicle then you might be worried about how to make a claim if the vehicle is covered by a foreign insurer. Well, fear not! Fortunately the Green Card system operates to try and compensate drivers involved in accidents who are in just such a situation.
foreign-vehicle-plates
The Green Card system was set up in 1953 and covers 44 member countries. Its objectives are twofold:

1)      To facilitate movement of vehicles across state borders by the use of an internationally accepted document which proves the existence of insurance (the Green Card or International Insurance Card)

2)      To ensure that victims of accidents involving foreign motor vehicles are not disadvantaged.
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By Editor
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