When an individual has suffered through medical negligence it can be a very traumatic time. People place a lot of trust in doctors and medical practitioners and naturally when it comes to health issues are more often than not keen to take the advice and recommendations of a qualified medical professional.

This can make it all the more difficult to cope when such a professional falls below the standard of care that they are expected to provide to their patients.

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Regulations 5 of The Workplace (Health, Safety and Welfare) Regulations 1992 is really helpful Regulation in many accident at work claims that we run. So, you may ask what is Regulation 5? What does it relate to and what significance does it have to me?

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Certain individuals are not deemed under law to have the ability to bring or defend a claim in the court by themselves. This applies to two categories of person: children and protected parties.

• A child is defined as any person under the age of 18
• Under the Mental Capacity Act 2005 a protected party means a party, or an intended party, who lacks capacity to conduct the proceedings

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So your travelling along a small bendy road, driving appropriately for the conditions, when you turn a sharp bend and “BANG” you crash into a parked car.

How could you hit a stationary car you ask yourself? It wasn’t even moving!

Well, in your defence the parked was just carelessly ‘dumped’ smack bang on the bend and you have to be rather careless to park a car on a road bend where drivers coming around the bend cannot see the vehicle till the last minute.
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Tomorrow signals the start of the Ashes series. England take on Australia at Cardiff in the first test in what promises to be an excellent and exciting sporting event played out over the next month or so. Unfortunately one sour note has been the death of cricketing umpire Alcwyn Jenkins this week. Mr Jenkins was hit on the head by a cricket ball and collapsed while umpiring a league match between Swansea and Llangennech in Swansea.

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Imagine your having a bad day… your running late for work, you hit traffic and every red traffic light on your route, and then just as you are about to pull into the car park, BANG WALLOP some clumsy driver smashes straight into the back of your car. Youv’e been injured and your pride and joy is a mangled mess, then to top it all, you find out the other driver doesn’t have insurance! You think it can’t get any worse and errrr, actually you just might be right.

In fact it gets a little better because we tell you about the MIB, no not the Men In Black, but the Motor Insurers Bureau…
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The Workplace Regulations are there to protect workers from accidents at work.

If you have an accident but are not a ‘worker’ then you are not likely to be able to claim under The Workplace Regulations but that doesn’t mean you can’t claim in another way. It just means that you can’t benefit from this excellent bunch of regulations.

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If a cow starts charging at you, then you had better Moo-ve out of the way (sorry)! Ms Shirlie McKaskie didn’t though, and it might just lead to a very large compensation claim. Ms McKaskie suffered serious injury in 2003 as she was attacked by cows while walking across a field and is looking to claim up to £1 million after a judge ruled that farmer John Cameron was liable because he had not properly considered the risk of someone getting injured.

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A green light does not give a driver an absolute right to proceed to the junction.

A leading case illustrating this is Radburn V Kemp courts will look at the approach taken in this case when deciding liability. In this case a cyclist had proceeded through a green light and was in the middle of the junction, before the cyclist could take his exit, the lights changed and the lights in the opposite direction changed to green.

A driver coming from this direction drove through the green light and hit the cyclist waiting at the junction. The court held the driver 100% to blame even though he had a green light.
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A client recently asked, “Are all Accident at Work Claims Brought Against the Employer?” Good question but a better one would be: who owes you, as an employee, a duty of care? Firstly, the law, the part that’s going to show you’ve done your research and you know what you’re talking about.

Regulation 4 of The Workplace (Health, Safety and Welfare) Regulations 1992 establishes who owes the duty of the care in the workplace.
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