Thursday 9 December 2010

Work Compensation – Why Employers Are Required To Ensure Your Safety

When you go to work you don’t think that you could end up suffering a nasty injury. Unfortunately, many people are in an accident at work every single year. Sometimes it can be something that they did, however, on many occasions, their accidents are caused by forces out of their control.

Employers have a responsibility to ensure the safety of their employees. They must do anything they can within their power to protect their workforce at all times. The most obvious way to do this is by providing the proper training for any situation and eventuality. Training staff is a way of reminding them of health and safety procedures, which to most would be obvious, but repeating them puts the rules in the forefront of people’s minds.

Businesses are required by law to ensure that you, as an employer, are safe when carrying out the duties of your job role. This is stated in the Health and Safety at Work Act 1974. If they fail to ensure this, by not providing the correct training, the correct clothing or equipment to do your job properly, you may be able to make a work compensation claim against them.

Many workers who are injured in their workplace are unsure about where to turn, or how best to achieve a compensation payout. Others do not want to as they think it will damage their company, especially when they want to carry on working for that employer. However, employers are covered by insurance, which they are required to have, called employers’ liability insurance. This is used in any event when an employee is injured in an accident that could have been prevented.

You should therefore not worry about causing harm to your company. It is in the law that you have the right to be protected when carrying out your work. Your accident may even encourage the company to improve their ways and provide better training or conditions to your fellow work-mates in the future.
Share/Save/Bookmark

What Are The Types of Compensation Claims

Hearing about people winning compensation claims is not uncommon. However, many who are injured in an accident are unsure as to whether their injuries, or the cause of their accident makes them entitled to receive a payout themselves.

This article therefore looks at some of the most common compensation claims, which regularly result in money being awarded to injured victims.

Car Accidents

Car accidents happen all of the time in the UK. In 2008 2,538 people died on the road, and almost 250,000 suffered injuries. Unfortunately these statistics don’t make great reading, as it means it is highly likely that during some point in our lives we will be in some sort of road accident. And, as we cannot control what the drivers around us are doing, it means that being on a road can be a dangerous place.

Whatever the severity, if your car accident was not your fault, you will be entitled to make a compensation claim. The amount you receive will entirely depend on the circumstances and the severity of your injuries.

Accidents at Work

From 2006/2007, 241 people were killed at their place of work. 141,350 injuries were also reported to RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations). Nearly 20% of these were falls from height.

Employers have a legal duty under the Health and Safety at Work Act to protect their workers while they are on their premises. If you suffer an injury which you believe could have been avoided had your employer given you better training, or managed the situation better than they had, it is highly likely that you could make a compensation claim.

Criminal Injuries

Being criminally attacked by someone is horrific and the effects can leave you physically and emotionally scarred. Fortunately, it is possible to make a compensation claim if you have been in this situation. An experienced personal injury lawyer will be able to help you make a claim to the CICA – a government body who centrally deals with and awards compensation claims based on the seriousness of the assault.

Medical Negligence

It doesn’t happen too often, but there are cases where hospital or medical patients are mistreated or given the wrong diagnosis for an illness or problem that causes them further pain. A more common problem is surgical errors, which can cause greater issues for those affected than they had before. Making a compensation claim after gathering the appropriate evidence is a relatively straightforward process once the case is passed to a trained solicitor.
Share/Save/Bookmark

Knowing When Your Personal Injury Claims Are Valid

Most people who suffer a personal injury are unsure as to whether their claim will be valid for a compensation payout. They often don’t bother to get in contact with a legal expert as they don’t want to waste time filling in forms and going to meetings and doctors appointments if their claim ends up not being valid anyway.

However, if you are serious about being compensated for your injuries, and quite rightly so if they were caused in an accident that wasn’t your fault, there are a few things you can consider when contacting a lawyer to help you make your personal injury claim.

Most personal injury types can be compensated

It’s not just car accidents or accidents at work that leave you entitled to compensation. As a general rule of thumb, if you have been hurt by something or someone else in any way, it is possible to make a personal injury claim. Knowing this, it is far easier to approach a personal injury lawyer with confidence.

Determine who is to blame

If you are not at fault for your accident then who is? Try to determine this in advance of contacting a solicitor, and if possible, gather their contact details. Your legal expert can then pull together the paperwork to send to them declaring that you wish to make a claim against them.

Keeping Evidence

Personal injury claims are far more likely to be valid when you have a good amount of evidence to hand. Any photos, witness statements, medical bills or other pieces that may help your case legally should be preserved and passed to your lawyer as soon as possible.

Finding the right lawyer

You should not just choose any old company to sort your personal injury claim for you. Do some research before-hand. Are they a reputable firm? Do they actually have lawyers working on the premises or are they just a claims-farm selling personal injury claims for their own benefit? You should always try to ensure that the lawyer you choose has you best interests to heart, and isn’t just looking to make a quick buck from your misfortune.
Share/Save/Bookmark

How To Win An Accident Compensation Claim

Being injured in an accident is no fun. The most important thing however, if you are unfortunate enough to be hurt in an accident that wasn’t you fault is to know what to do about it. This is when making an accident compensation claim becomes a vital aspect of your life.

Many people are put off by contacting a solicitor. They believe it will be a massive hassle, where you have to wait for ages to hear anything, have loads of forms to fill in, go to see them at inconvenient times, and have to fork out loads of cash for the shortest of consultations.

However, with the majority of solicitors that deal with accident compensation claims, this is not the case. This is because they are particularly vetted by the authorities to ensure that they are giving their clients the very best service possible.

For most cases they are also required to offer their services for free on a no win no fee basis. This may sound mad, but they can afford to do this as when they win the case for you, they can recover their costs from the losing side – i.e. the side that caused your injuries.

If you want to win your accident compensation claim, it is important that you are in contact with one of these solicitors or lawyers almost straight away after you accident. The shorter the time your injuries have occurred, the easier it is for them to be judged for severity, which can have a massive impact on how much compensation you are likely to receive.

Also, gather as much evidence as possible, and preferably have statements from any witnesses to your accident, whether it was a car crash, a slip or fall at work, or you were criminally assaulted in the street.

If you follow these steps, you are on the right path to receiving the compensation you are entitled to.
Share/Save/Bookmark

How To Make A Motorbike Accident Compensation Claim

Unfortunately, travelling on a motorbike is a very dangerous way to get around. In 2006, in relative terms, 54 times as many motorcyclists were killed or seriously injured in accidents as car drivers. This is an astonishing figure when you realise how few motorbikes actually do travel on our roads compared to cars.

Of course, for those that ride motorbikes, it provides great joy and excitement, particularly when you take your prize possession out into the country for a quiet ride around twisty bends and up and down hills. It also provides a great way to get through busy traffic, especially if there are lots of cars backed up, you can still find the space to pass them safely and get to your destination quicker.

When you look at these things it’s easy to see why the positives outweigh the negatives for motorcyclists. However, you are at particular risk when on the road, and it is important to know what to do in the case that you have an accident which isn’t your fault.

Here are some things you should do if you want to make a motorbike accident claim:

Take photos/gather evidence

If you are able to, i.e. if your injuries are not too serious, you should try to take a photo of the accident scene. Most mobile phones these days have cameras built in. Use yours or a camera of a witness to your accident to take a photo of the location of the accident and any damage caused. You should also try to talk to any witnesses and gather any comments you can. Even if you just get their contact details, it means that you or your solicitor can talk to them at a later date.

Get the details of the other party

If there was another driver, motorcyclist or even pedestrian involved in your accident you should make sure you take their details. Try to stay calm and never say sorry or admit that you were at fault, especially if you believe that they caused your accident.

Talk to a trained solicitor

There are a number of expert solicitors and lawyers out there who can help you get hold of motorbike accident compensation. Make sure you contact one sooner rather than later, as the events will be fresh in your mind, and you will be able to be assessed for your injuries more effectively. You shouldn’t need to pay anything, as they will gather their costs from the other side if they believe your case will be successful.
Share/Save/Bookmark

Five Things You Should Avoid Saying If You Want To Get Car Accident Compensation

Being in a car accident is traumatic. However, if you weren’t to blame for the accident, it is likely you could receive car accident compensation, depending on the circumstances and severity of your injuries.

To get hold of compensation however it is important that you act in the right way, say the right thing and, more importantly, don’t say anything to the insurance company who could eventually make your payout that could damage your chances of making a claim.

Here is a list of the five things you really should avoid saying if you want to see a compensation payout coming into your bank account:

1) Apologise or admit it was your fault at the crash scene

Although car accidents are scary, you should try to remain as calm as possible after the event, especially if there is another driver involved. They may start accusing you of being at fault, however, you should never succumb in any way. Never say sorry or admit liability as the other party can use this against you in any claim against them.

2) Speculate to your insurance company

When you call your insurance company after your car accident, never speculate about what happened. Keep it to the basic facts about what you saw, and no more than this. An insurance company would suspect you have made something up if you begin to add ‘I believe...’ into your statements and could find out that the story is different to what you have told them with further investigation.

3) Say that you’re not injured

Until you have been checked by a doctor you should never say you have not been injured, even if you are not in any pain immediately. The most common injury following a car accident is whiplash, which can often take a few days to start feeling the effects from. Saying you are not injured could jeopardise your chances of receiving a payout later on.

4) Admit fault to the insurance company

In the days after a crash the mind often plays tricks on you, and when you think about the events for long enough, you do start to blame yourself even if you know that you weren’t at fault. If this does happen to you, you should never say to your insurance company that you think you may be to blame, as they may get an admission of liability from the other person.

5) That you think you have a certain injury, e.g. whiplash

You should not go speculating about what injuries you may have suffered without first receiving proper medical attention. There are an increasing number of fraudulent claims, and crash scams that see people claim for whiplash. For this reason, insurance companies are becoming increasingly suspicious of people who immediately claim to have this injury. Let the experts weigh up all the evidence, and have a thorough medical examination before declaring what injuries you have.
Share/Save/Bookmark

Tuesday 16 November 2010

Being Careful This Winter To Avoid An Accident Injury

The winter is one of the most dangerous times of year for accidents. Not only are the darker hours longer, taking up the majority of the day, there is also the problem of cold, damp weather making pavements and roads treacherously slippery.

The affect on road users, along with walkers was profound in the winter of 2009/2010. Temperatures plummeted to their lowest for 30 years. Some places in the UK saw night time temperatures drop to around minus 20. Snow fell for many weeks across the whole country, causing travel chaos for millions.

Both slips/trips as well as road accidents are far more common during the winter and some important steps should be taken to make sure that an accident injury is avoided.

In the car: Make sure that you de-ice all of your windows fully to ensure you can see as well as you possibly can. Also, test your lights (front and back) to make sure you can see and be seen on roads that do not have streetlights. Make sure you have plenty of window spray, as the salt that is used on the roads to prevent them from freezing will cover your windscreen, making it dangerous if they are now cleared at regular intervals.

When driving: Make sure you drive slower than you normally would, especially on cold evenings, nights and mornings where black ice could cover tarmac surfaces. When following another vehicle, leave a greater distance between you and the car in front. In icy conditions it can take up to 10 times further to bring your car to a stop than in regular, dry conditions.

When walking on the pavement: Walking can be treacherous, especially when black ice is involved. However, the way you walk, looking where you are going and taking your time can all help in freezing weather.

Making smaller steps can help reduce the risk of slipping on icy pavements, and making sure you keep a flat foot is important to ensure it doesn’t come out from under you or twist awkwardly. Also, looking at the pavement to avoid icy areas can ensure you do not end up hurting yourself. Generally, it is safer to walk on pavement that has been exposed to sunlight that that which is still in the shade or under trees.

Of course we cannot predict the weather this winter. However, knowing what to do if we do feel the ‘big freeze’ yet again is very important if we want to avoid having to make an accident injury claim.
Share/Save/Bookmark

How to Determine a Good Personal Injury Claim Lawyer

There are many companies out there advertising their services to get you compensation for your injuries. However, as there are so many, how easy is it to sort out the wheat from the chaff? Unless you are knowledgeable in the legal industry, it is near enough impossible to determine who the right people are to help you with your personal injury claim, and who is likely to mess up your chances for good.

The first thing to ask an organisation is what experience have they had. A number of reputable companies have been operating for a number of years, and have done so by adapting to the ever-changing legal regulations which are very strict in the claims industry. All companies that perform such a service for clients have to be reviewed by the Ministry of Justice to ensure they are genuine, and are not looking to make a quick buck off unsuspecting victims.

The next thing you should find out is whether the company is actually made up of trained lawyers, or whether they are just a claims firm that look to sell on your case to a lawyer, not caring at all about your welfare or well-being. Make sure they are certified appropriate bodies to ensure you are getting the service you deserve.

You should also make sure that you are not going to be charged to make your personal injury claim. All solicitors specialising in personal injury cases should offer their services on a no win no fee basis, meaning you don’t need to fork out any extra cash before, during or after your claim’s settlement.

A good personal injury lawyer should make sure they are doing everything in their power to get you the full amount of compensation your are entitled to. They should understand your case inside-out, and have prior experience of helping someone in a very similar situation to you. If you have this mix, you are already on the right path to a successful settlement.
Share/Save/Bookmark

Making A Compensation Claim – What You Need To Know

Making a compensation claim isn’t something we generally think we will ever need to do. However, if you do end up injured in an accident and find yourself needing to claim, it is important to know the right steps to take.

The first thing to do is to make sure you have gathered statements from any witnesses to your accident. Whether you were involved in a car crash, or slipped over on a wet floor at work, if someone saw what happened to you, getting them to give a witness account will be hugely beneficial to any payout you are likely to receive.

The next thing you should do is to discuss your accident with a professional personal injury specialist. Choosing a lawyer, rather than a typical claims management company is an important step here, as the latter are only interested in ‘farming’ your claim out to a third party for financial benefit. A genuine solicitor will try to help you to get your payout settled in a quick, hassle-free way on a no win no fee basis.

It’s likely that you will then need to attend a medical examination to assess the severity of your injuries. This is an important step in determining how much compensation you are likely to receive. It is vital to attend this as failure to do so will have a negative effect on your chances of receiving compensation.

When your solicitor has gathered all of the available evidence, he will present it to the person at fault, whether that be your employer, another driver, a medical expert or someone else responsible for your injury. This time is probably the longest, and it is likely that you will feel a bit impatient with the length of time you hear back from your solicitor regarding your case. However, there is a lot of negotiating that needs to happen, and in the majority of cases, they will be able to get you a direct settlement which means you can avoid a trip to the county court.

Compensation claims
can take time; usually the more serious they are the longer they will take. However, putting your trust in a qualified solicitor is the first step to receiving the money you deserve.
Share/Save/Bookmark

The Best Way To Make A Work Compensation Claim

Being injured in an accident is no fun for anyone. This is especially so when it happens in your place of work. Not only do you have to deal with a painful injury, it’s likely that you will be unable to work for a lengthy period of time.

It’s also the case that if you want to make a work compensation claim against your employer, you are unsure how to go about doing so as you don’t want to lose your job, or maybe you get on well with your boss and don’t want to fall out with them.

What most people don’t realise however is that employers are legally required to obtain liability insurance, which covers them in the event that one of their workforce is injured while on their work duties. Of course, this is only the case when the accident could have been avoided, and was specifically the fault of the employers or a fellow employee.

The best thing to do after an accident at work, if you believe you were not to blame for the injures you sustained, is to talk to a personal injury lawyer. By telling them exactly what happened, you will be able to find out whether your case is likely to receive compensation or not.

If your case goes ahead, your employer will receive information telling them that a claim is being made against them. In many cases, the employer will offer to settle before it goes to court, as it will be covered on their insurance. However, if they deny the allegations, the case may end up in the court. Usually you will not to attend this, and your specialist lawyer will make sure that all of the evidence is ready to take into the hearing.

You should never hesitate to make a work compensation claim, even if you feel bad for the potential consequences. The money you could receive is designed to help you get through a period of unemployment so you are not out of pocket. It is also likely to make your employer think twice about their training or practices in the workplace, so the accident is less likely to happen to workmates in the future.
Share/Save/Bookmark

Three Examples of Successful No Win No Fee Claims

All the time we see in the news stories of people who have been injured in accidents with horrific, life-changing consequences. We don’t however, ever think that such an accident is likely to affect our own life in the same way.

It would be fairly unlikely for an accident that would cause terrible injuries to happen to us, though it is possible and in these cases it is important to know what to do to deal with the changes ahead.

One of the most important things you can do is to find a personal injury lawyer who has many years experience helping those in need get the compensation they deserve. It is important for you that they are able to do this on a no win no fee basis, as this means you won’t find yourself out of pocket to get access to the legal justice you deserve.

To prove that it is possible to get hold of compensation after you have been injured, here are three of the highest ever payouts made to people who made no win no fee claims themselves:

1) The highest ever settlement in the UK was decided just last month; when a judge awarded 20-year-old brain-damage victim Chrissie Johnson £17.5million. She was travelling in the car as a passenger when it collided with a lorry. She suffered massive head injuries as a result.

2) A cyclist who had formerly appeared in the Commonwealth games received what was the largest ever no win no fee payout in UK history at £14million in September. The cyclist, who was on a training ride at the time, suffered serious injuries resulting in the total loss of use of his right arm, is now registered as partially blind, and requires around-the-clock care.

3) A man who was left paralysed after a car crash received £11.5million in compensation earlier this year, which was, at the time, also the highest UK payout ever. Wasim Mohammed was the passenger in a car that crashed into another vehicles pulling out of a junction. He suffered a broken neck and damaged spinal cord.
Share/Save/Bookmark

When To Make A Claim For Motorbike Accident Compensation

Due to the dangerous nature of riding a motorbike, it is very common for a motorcyclist to suffer injuries in an accident. And, although many riders have built up a bad reputation for others, the majority do actually abide by the laws of the road, meaning that the accidents they do have tend to not be their fault.

Legal experts would suggest making a motorbike accident compensation claim in this situation. This is particularly so when the accident could have been avoided, and was only caused by somebody or something else beyond the motorcyclist’s control.

One example of when a rider could claim motorbike accident compensation is when they are involved in an accident with a car driver who has failed to see them. Many motorcyclists are injured every year by cars pulling out of junctions in front of them. Motorbikes are far smaller and therefore harder to see than other cars or lorries and this is even more so the case at night, or in the winter where there are many more hours of darkness that light.

Motorcyclists can also be injured due to the conditions of the road. For example, ice, spillages or potholes can all have an effect on the rider’s ability to keep the bike safely on the tarmac. Where someone else is to blame, a motorbike accident compensation claim can be made. Say you fall off your bike because of an oil tanker spillage. The company that were transporting this delivery to its destination would be deemed responsible and therefore it is likely that you could claim for damages against them if you were suffering with an injury.

No matter how injured you are, if you have been hurt through no fault of your own, a qualified motorbike accident solicitor will be able to get you the compensation your are entitled to. Make sure you choose a lawyer wisely; select one that has a good amount of experience helping others in your situation, and those who genuinely have your best interests to heart.
Share/Save/Bookmark

Friday 22 October 2010

Five Important Steps To Take After A Car Accident

Car accidents are far too frequent in almost all opinions. With road safety being of paramount importance to the government, local authorities and car manufacturers alike, most would agree that things should be done to stop accidents on the road from happening completely.

Being in a car accident can be very traumatic, to the extent that you may never want to step into the confines of a motor vehicle again. However, it is important to stay calm, at least in the immediate aftermath of an accident, to ensure some important steps are carried out.

Here is a list of the five most important steps to take following a car accident:

1) Check for injuries

Obviously you need to make sure that you are not seriously injured first off. If you feel OK to move you should check that any passengers you may have in your car with you are also not suffering with any visible, or even hidden injury that may cause more damage by being moved.

2) Contact the police

The police should be called as soon as possible after a car accident to ensure the damage is cleared up, statements from all parties are taken and that the road traffic remains as undisrupted as possible.

3) Collect information from the other driver

It is always vital to stay as calm as possible and to swap details, including telephone, address, insurance and registration with any other drivers involved. If there were any witnesses to the accident that have happened to stop, it is also worth getting hold of their details too, as this will be highly valuable in the case of any legal action.

4) Call your insurance provider

Making sure your car is dealt with as soon as possible will mean minimum disruption to your lives. Most insurance companies can have you back on the road almost immediately. Any accident you have in a car is required to be noted by your insurance company.

5) See whether you are entitled to car accident compensation

If you are injured in any way and the accident wasn’t your fault then you may be entitled to make a claim for car accident compensation. By calling an experienced personal injury solicitor, your claim will be dealt with quickly, efficiently, and with the minimum of fuss.
Share/Save/Bookmark

What Are The Main Types Of Accident Claim?

Almost everyone knows that you are able to make a claim for compensation if you have been injured in an accident. However, more confusingly is what accidents you are exactly allowed to claim for in this situation.

With claims companies and personal injury lawyers nowadays being able to help people for a wide variety of accidents, we look at some of the main types of accident that often do end up with compensation payouts.

- Car accidents

Car accidents are very frequent, and therefore the number of claims related to accidents on the road are very high. One of the most common claims following a car accidents is one for whiplash, which is am injury of the neck, upper back or shoulders. Whiplash tends to occur when you are hit by someone else from behind.

- Accident at work

People are unaware of exactly how many people are injured in their place of work every single year. The figure is so high that the Health and Safety Executive have to enforce strict rules on business owners to ensure workers are protected as well as possible. If your accident occurred because an employee or colleague acted negligently towards you, you are well in your right to make an accident claim.

- Criminal injuries

Whether you have been attacked at your home by someone you know, or by a random person on the street, it is possible to make a claim for criminal injuries suffered. This is done, usually with the help of a trained injury lawyer, by going through a government system called the CICA, or Criminal Injuries Compensation Authority. Payments are based on stages depending on the severity of the injuries you received.

- Medical negligence

If you have fallen foul of bad medical treatment, whether that be at a hospital or in your own GP’s surgery, you may be able to make a claim for medical negligence. Some of the highest compensation payouts are from the result of gross medical negligence – multi-million payouts are not uncommon to those suffering with cerebral palsy due to negligence during birth.
Share/Save/Bookmark

Friday 8 October 2010

When Can You Claim For Car Accident Compensation

Despite a reduction in the car accident and road accident figures in the UK year on year, the fact that they are still a regular occurrence is an unfortunate face. In 2009 there were 222,146 casualties of all severities in road accidents, which most would agree is far too many.

Many accidents that happen where someone has been injured are caused by someone or something else, which is highly unfair, especially if the victim has been left badly hurt when they have been driving sensibly and abiding by the laws of the road.

There are a number of legal firms that can help you make a claim for car accident compensation in this modern day and time. However, knowing whether you are actually entitled to anything after your car accident is such a worry that many are put off even calling a solicitor as they are too embarrassed to ask.

It is always worth talking to someone, even if it is just on the phone, as more often than not if you are not too blame and you have been hurt, something can usually be done to help you out financially through a difficult period.

Being knocked from behind is one of the most common types of car accident, usually resulting in a whiplash injury for the driver and passengers of the car in front. The severity of a whiplash injury can vary greatly, from mild neck or back pain, to full disability and an inability to turn your head, either temporarily or permanently.

You can also claim if someone else has crashed into you or caused you to crash. For example, some boy racer may try overtaking you on a small country road without knowing another car is coming the other way. He may then cut back into you when he realises, causing you to skid off the road with terrible consequences.

The conditions of the road may also cause you to have an accident or sustain an injury. For example, a dangerous surface, such a road covered in oil that had not been cleared up could be cause for you to make a claim against the company of the tanker that was delivering it. Sometimes the council can be deemed responsible for the state of the road, especially if there is something that they could have done to prevent the incident from occurring.

It is worth contacting a specialist lawyer who deals with car accident compensation claims day in day out, as this is the best way that you will receive advice when finding out if you are entitled to receive damages for your injuries.
Share/Save/Bookmark