Injuries Direct - Personal Injury Claims

In prolonged spells of snow and ice, you may be tempted to try and clear your garden paths, as well as the pavement outside your house. By doing so you think you would at least be doing your bit to help people struggling to walk through thick snow, by giving them a patch where they are less likely to encounter difficulties.

However, by performing this act of kindness you would actually be putting yourself at risk of liability compensation claims being made against you if somebody were to slip and injure themselves outside your premises.

In many parts of the world it is your responsibility and legal obligation to clear the section of pathway outside your home. In some parts of the US snowfall must be cleared from the pavement outside your home within 24 hours of the precipitation finishing, whilst in Canada this is as short as 12 hours later. If this has not been completed adequately the council can come round to your property, clear the area and then charge and fine you for their inconvenience.

Parts of Europe have similar and often even stricter rules in place. Countries that experience regular snow including Germany, Austria and Switzerland have specific policies in place that set out the exact perimeters of what need to be cleared.

In the UK this is not the case. Here your council have the responsibility of keeping highways clear of snow and ice, as stated under Section 41(1A) of the Highways Act 1980. However, in extreme conditions, such as what we are facing at the moment, it is very difficult for local authorities to get round to all areas.

Although the public are not obliged to clear the pavements outside their house, some may take it upon themselves to do so. Theoretically this does put you at risk if someone were to slip and suffer an injury, as the act of moving the snow means you have taken responsibility for it, meaning your could face a public liability claim for compensation if the injured party were to prosecute. The law that enforces this, named “tort of nuisance” can come into effect just by moving snow from one part of a pavement to another.

Moving snow and ice within your own premises is a different matter however, and you do hold the responsibility for anyone who steps within the confines of your property. This is stated in the Occupiers Liability Act 1984, which puts you under a duty of care to ensure all visitors are safe from harm. Therefore, if the postman slipped on your garden path and hurt themselves as a result, they would be entitled to make a personal injury compensation claim against you. For this reason, it is recommended that you take all reasonable steps to clear pathways, driveways and any other area that poses a risk to others within your property.

The last few days have seen some of the heaviest snowfall and coldest conditions in the UK for decades. Currently, the winter of 2009/2010 is set to be the harshest since 1981.

UK Winters are usually mild and wet. This is because our prevailing winds come from the warm Atlantic Ocean and keep the temperatures from falling below freezing. However, this winter has seen a shift in the weather systems, and instead our air is coming in from the cold continental air in the east. This weather front has sat over the country for around 3 weeks now and does not look like it will be shifting anytime soon.

The vast majority of us are facing snowy and icy weather conditions outside our doors at the moment. This makes travelling about and getting on with our daily lives is a much more daunting prospect.

Icy roads and treacherously slippery pavements make getting about extremely difficult. Furthermore, as councils begin to run out of salt and with temperatures rarely getting above zero, conditions don’t look like they will be improving for the foreseeable future.

Getting to work becomes a dangerous task, especially if you need to travel by foot or road. However, to avoid needing to make a car accident compensation claim, or a work injury compensation claim, a number of safety tips should be followed.

With this in mind we have designed an essential Winter Safety Guide, to help you travel in wintry conditions. This offers advice on how best to walk and drive around in the snow, as well as on what to do in the unfortunate circumstance that you have been involved in an accident.

As large parts of the country are affected by heavy snow and ice, many drivers face the dilemma of how best to travel on the roads as safely as possible. It is a scary, astonishing fact that a large number of motorists are unaware of the dangers that icy roads pose, and fail to take any precautions in the way they go about travelling from A to B.

Of course the best advice is, and always will be; if you don’t need to travel then don’t. Staying away from roads is clearly the best way of avoiding road traffic accidents in snowy conditions. However, for people who need to go into work or make an important journey, they may find that driving is an unavoidable task.

If you must drive, the following precautions will help your journey go more smoothly:

Before you set off

Firstly, clear all snow and ice off of your windows, as well as the condensation inside. Ensure you are able to keep them clear by topping up with screenwash containing an anti-freeze element.

Make sure that your car has a full tank of petrol. Certain roads that you usually take can be unexpectedly blocked or too dangerous to drive on. Other times a route you usually take may have a very heavy weight of traffic or may come to a stand-still because of sudden snow falls. Having a full tank before you set off will maximise your chances of getting where you need to go if you need to take a longer, diverted route.

Keeping a number of items inside your vehicle is a great precautionary idea. Bringing a blanket and warm clothes will keep you warm if you get stuck in heavy snow or if your car breaks down. Also carrying water and food, especially that of high energy content such as chocolate will help keep your energy levels up.

Charge your mobile phone fully before you leave – you never know when you are going to need to use it in an emergency. It may also help if you have something to dig your car’s wheels out of the snow if you get stuck, such as a shovel. Carrying a torch would be beneficial here in case you get caught out in the dark or an area with poor lighting. Just remember those spare batteries!

Whilst driving your car

Always drive smoothly and avoid erratic movements. This includes your use of the accelerator and brake pedals. Gently applying acceleration in high a gear as possible will help minimise wheel spin on particularly icy surfaces. Smooth steering will also lessen the chance of skidding.

If you do find yourself in a skid, DO NOT BRAKE. Instead, release the accelerator and steer your car into direction of the skid – i.e. so your front end turns back to face the road ahead.

Black ice is one of the most deadly traps to be caught out in on cold days. It often forms in shadowed areas such as under trees or near buildings. However, it can form anywhere, even in places you may not expect and it is particularly dangerous on dark, unlit roads.

People often make the mistake of thinking that because other cars have already driven over a piece of road that it will be safer to drive in the tyre tracks that have formed. This is not true and the slushy, compressed snow that forms here is usually more slippery than the thicker, untouched snow. Make sure to take it easy on roads with this type of ice.

Drivers WILL be going much slower than normal on icy/snowy days and there is no way around this. If being late for your appointment is something that cannot be contemplated then leave in plenty of time; much too early if necessary. It is better for everyone to get there late and safely than to not get there at all.

Always remember – if the road conditions are too bad you can just turn back and go the way you came.

Conservative leader David Cameron has made the headlines by declaring he will crack down on a ‘compensation culture’ that he believes is gripping the nation.

The man who is the hot favourite to become the UK’s next Prime Minister warned the public in a speech that everyday life involves an element of risk. He also said that ‘common sense’ needs to be brought back to the rules of claiming compensation.

One cannot be blamed for agreeing with aspects of his argument. It’s regularly suggested that the UK is quickly joining its allies in the US in becoming a blame culture – suing everyone and anything when things don’t go our way. Plus, it’s probably more likely now that you’ll see a soap-star persuading you to claim for compensation during Saturday night’s commercials than it is to be told about the latest frozen-fish deal from Iceland.

However, Mr Cameron’s ideas will undoubtedly be opposed by the hundreds of thousands of people of injured people and their families, whose lives have been torn apart after accidents that weren’t their fault.

‘Compensation Culture’ headlines are frequently tossed around by the sensationalist broadcast and print media, who will generally say or write anything to stir up public opinion and anger without first considering all of the facts.

Because, maybe surprisingly, despite a rise in the number of high-profile television adverts telling you to claim for your injuries, statistics show that the numbers of people actually claiming has reduced in recent years.

In 1998, county court claims for compensation in the UK stood at 2,245,324. Ten years later, this figure had dropped to 2,157,000. When you consider that a no win no fee agreement was a relatively innovative concept back in the late 90’s, and did not really take off until the turn of the decade, this figure would surprise even the greatest of sceptics.

In fact, further statistics show that the actual numbers of claims for compensation has remained relatively stable since the introduction of such agreements, which gave people the opportunity to claim for their injuries without suffering any financial burden.

David Cameron’s argument that the compensation claims industry has caused a generation of ‘ambulance chasing’ personal injury lawyers and claims management companies is one that is slightly outdated. In 2007 all such methods for finding potential clients were put to a stop when claims management businesses were forced to undergo a tough Ministry of Justice Regulation process. Now, all respectable organisations that deal with personal injury cases are required to be listed on the Ministry of Justice website, with their own unique regulatory number to identify them.

When the Tory leader said that accidents do happen, he’s right. Many accidents happen in the UK everyday. Sometimes the fault lies with the person who is injured. But many times accidents are unavoidable events. Consider this; if a person driving safely, within the speed limit is hit head-on by a speeding, drunk motorist and is subsequently disabled for life; are they not entitled to claim? If faulty scaffolding collapses beneath the feet of a builder, making him paralysed meaning he can no longer work when he has a family to feed; are they not entitled to claim? Only the most heartless of people would not agree.

The practices of respected claims companies and personal injury lawyers are fair and follow stringent guidelines. People who hurt themselves through their own reckless acts cannot be compensated. Compensation is designed for those who need care and treatment because of the injuries they suffered through the fault of another person.

Those who believe there is a ‘compensation culture’ in the UK only do because of the increase of assistance that is available to those injured in accidents. Along with the increase of companies that deal in this industry, the media also like to report on accident cases; particularly and most recently if it involves the NHS and medical negligence. The increased debate among the sceptics leads to a belief that those injured in some way do not deserve the money they are receiving. Finally, the financial amounts awarded to victims now are higher than they ever have been. However, with inflation and the price of living increasing year on year, the amounts must take into account all potential future financial difficulties the victims and/or their families will encounter as a result of the accident they have gone through.

No one can deny that Health and Safety rules are tight, and they have been tightening continuously over the last few years. But rules are there for a reason, and if they were followed, like most other laws of the land are then there would be no argument against people making compensation claims.

Claiming for compensation if you are injured is a right, and therefore should remain that way.

Most people don’t believe that they will ever go deaf. As arguably the body’s most important sense along with sight – the ability to hear what is going on around us is something we often take for granted. However, many who work in loud environments at work find they begin to lose their hearing – through no fault of their own. This is when industrial deafness claims can be made.

A prime example of such work-related hearing damage was reported recently, when it was revealed that ex-pottery workers from the Midlands city of Stoke-on-Trent may be entitled to make claims - many of whom had been working long hours around loud machinery. Despite this, it was only after 15 former workers secured injury compensation for their hearing problems that the pottery workers began to realise that they could make industrial deafness claims against their employers. They all subsequently received thousands of pounds each in compensation and damages.

Since then, over 100 ex-pottery workers have looked into making compensation claims. This is only a small number in comparison to how many potential claims could be made, as some who weren’t even aware that they had hearing damage begin to face the real possibility that their lives and their futures may have been affected by the work they used to carry out.

Industrial Deafness Claims: A Reality for Workers in Many Sectors

It’s not only those who work in factories who suffer from hearing damage. Other claims come from those in construction, shipbuilding or even nightclub workers who have been subjected to extremely high levels of noise for extended periods of time.

A simple test to find out whether your hearing has been affected whilst at work can be carried out when you go home. If the sound of talking or other regular activities is muffled or quieter than normal; or if you can hear a high-pitched noise in your ears when the room is quiet, you may have damaged your ear-drum.

The latter is called tinnitus, and is a very real sign that damage has occurred to the hearing. Often it feels like a high pitched squeal in the inner ear or even from the brain. It indicates that part of the ear drum that interprets higher pitched sounds has been damaged, and this often worsens with time. Other tinnitus symptoms include a hissing, buzzing or humming sound, or can sound like waves ‘whooshing’.

It’s believed that around one million UK workers are putting their hearing at risk each year by working in an environment that subjects them to loud noises over extended periods of time. This massive figure is a worry and is an indication that health and safety rules are not being adhered to.

Using an Industrial Deafness Claims Solicitor to get Compensation

If you are suffering from deafness as a result of exposure to loud noise in your workplace than acquiring the services of an industrial deafness claims solicitor is one of the best steps you can take to getting the compensation you are entitled to. As experienced professionals in their field, they will have years of experience getting thousands of pounds for injuries to innocent victims industrial deafness.

To find the very best industrial deafness claims solicitor using a compensation claims company is an option many people use, as it saves them the hassle of searching through hundreds of law firms to find the most appropriate solicitor for their case.

When contacting a claims company it helps to have all of the relevant details to hand. Proving that someone else was to blame for your deafness is very important so you will need your employment documents and preferably results of medical examinations; however a solicitor will usually arrange for you.

Although compensation cannot mend damaged hearing, it can make life a bit easier and improve your quality of life.

Ex-pottery workers from Stoke-on-Trent have been advised to make industrial deafness claims after being exposed to noisy machinery.

Local newspaper website The Sentinel revealed earlier in the month that workers who were regularly exposed to noises of over 80 decibels – only as loud as an alarm clock, could seek legal advice in making a claim for compensation for work-related injuries.

Since the story was released, over 100 people from the town have inquired about making a claim – many of whom did not realise they were suffering from problems until reading the stories.

Earlier this year, 15 former potters were awarded compensation of thousands of pounds after making successful industrial deafness claims – opening the doors for hundreds of other workers to do the same and get the money they are entitled to.

If you have believe you may have been affected by industrial deafness and are interested in making a claim or finding out more information, contact Injuries Direct on 0800 2800 979.

For those injured in an accident at work, pain and misery can be caused by not being able to do the things that you used to. It’s often the case that the injuries caused are through no fault of your own, and instead are sustained through an act of employer or fellow employee negligence.

It is in these situations where a work accident compensation claim can be made. As your employer has a duty of care towards your safety, and must follow strict health and safety guidelines, if you sustain an injury in an accident at work, they could be liable for a compensation claim against them.

Accident at Work Types
An accident at work can occur in many forms. The most common of these is a slip trip and fall accident, prone to happening in offices, shops and warehouses with hard floors. A claim can be made if, for example, you slip and injure yourself on a hard floor that has recently been washed and the floor hasn’t been marked with a warning sign to make you aware of the dangers.

Other claims include those made following a construction accident or developing an industrial illness. As with every other accident at work, the employer here has the responsibility to ensure you are not injured, or develop an illness whilst you are working there; meaning you are in their direct care. 

Why Make a Work Accident Compensation Claim?
It’s likely that if you’ve suffered an accident at work that you will be out of action for a period of time. If the injuries caused are more serious then you will have to miss going to work for that period until you are able to return. This may mean you will have to live on basic sick pay, or in some cases not receive pay at all.

Compensation is designed to help those people who have lost income by sustaining injury through an accident caused by something or someone else. When it’s the case that the accident at work wasn’t your fault, you are entitled to make a work accident compensation claim.

It may also pay for medical treatment or extra expenses incurred by having the accident at work, and it is important to keep a note of every extra financial expense that your accident has forced upon you.

Work Accident Compensation Claim – Where to Start.
Before making a claim, make sure you have recorded all of the details of your accident and subsequent injuries in order to give as much information as possible to your claims handler.  

Making sure that you get the help of an experienced personal injury solicitor is vitally important, and the way to find the best one relevant to your accident at work is to go through a compensation claim company. They will have years of experience matching people in similar situations to you with the country’s top solicitors who will get you the maximum amount of compensation available.

Asbestos-related illnesses are a problem all over the UK and are strongly linked to certain types of industry work such as mining or building. For those affected by such a disease caused by industry work, a claim for asbestos compensation can be made.

The latest figures from Wales show the sheer scale of asbestos-related deaths. 250 men currently have died from asbestos poisoning since 1981, and this figure is set to rise rapidly when the peak in the incubation period is upon us in the next few years.

As the majority of work in mines took place from the late 1970’s to mid-late 1980’s, by 2016 it is expected that over 2000 deaths will be recorded due to asbestos exposure. This is because the symptoms and affects of diseases such as mesothelioma – a lung cancer strongly associated with prolonged exposure, take approximately 25-30 years to be detectable.

The Health and Safety Executive (HSE) have predicted even more grim figures for the rest of the UK. They suggest more than 80,000 people will die of mesothelioma by 2050.

Currently 4,000 people die of the disease every year – more than those who die in road traffic accidents. The majority of these deaths include those who have worked directly with the substance, e.g. builders. However, it is also affecting teachers and office workers where they have worked in older buildings containing asbestos.

The news comes after a landmark case which saw asbestos compensation awarded to the husband of Joan Henry, who over a 30-year teaching career worked in two schools containing asbestos. She died of mestothelioma despite no direct exposure to the substance.

If you’ve had exposure to asbestos and want to make an asbestos compensation claim, get in contact with us on 0800 2800 979.

The law states, as set out in The 1988 Road Traffic Act, that anyone involved in a road traffic accident must stop to exchange their details with the other drivers. Failure to do so could result in a maximum penalty of 6 months imprisonment.

Some of the reasons why people may fail to stop, or ‘hit and run’ as it is often known, include – knowing they were at fault and not wanting to accept responsibility, having no insurance, or generally not wanting the fuss of dealing with the forms and insurance companies that come with having a road traffic accident.

However, when one of the country’s most important MP’s fails to stop after hitting another car, you start to think that even those that make the laws don’t want to follow them.

It was made public at the weekend that leader of the House of Commons, Harriet Harman, failed to stop after a road traffic accident in July, where she clipped a parked car in her privately owned vehicle. To make matters worse, she was reportedly talking on her mobile phone at the time of the incident.

Thankfully, on this occasion, the car was parked and no one was hurt. But, after a string of previous motoring offences, including one for speeding at 99mph on the M4 motorway in 2003, many would argue that Ms Harman needs to take a look at her driving style before she causes a more serious road traffic accident.

Unfortunately, some motorists involved in hit and run accidents are not so lucky. Drivers are increasingly at risk of the problem, in a time where traffic on the road is at ever increasing levels. Statistics from the 2007 Department for Transport report showed that fatal hit and run road traffic accidents increased 35% over the previous ten years – from 113 to 152 incidents. It was also shown that 11% of all death and injury crashes involved a hit and run driver.

Road traffic accidents can be devastating for those affected by them. Death or life-threatening injuries can be sustained by a moment of stupidity, lack of concentration or ignorance. However, being a hit and run driver, like driving with no insurance, robs the person or people affected of claiming the maximum road traffic accident compensation they are entitled to.

So, although Harman didn’t cause injury or death to anyone, her actions do not lead the way for motorists to change their own behaviour. If the government want to change the road traffic accident statistics, they first need to look at their own road conduct.

Miners across the country are still being urged to claim back their legal expenses after being wrongly charged when claiming compensation.

The latest group from Flintshire in Wales includes nearly 1000 miners who previously claimed for illnesses such as vibration white finger and chest diseases, sharing a compensation payout of around £3.5million.

However, some of the lawyers fighting their cases charged the miners for their services, when the government had already declared funding was to be put by to pay the legal costs.

The average amount waiting to be reclaimed for each miner is £908, though many are still unaware that they are able to claim this back.

Out of 947 claimants, only one has so far complained to the Legal Complaints Service about the legal charges enforced upon them.

The Conservative Parliamentary candidate for the miners’ area said: “Any miners who think they might have a claim should seek urgent advice from their union or an organisation such as the Citizens Advice Bureau.”

Alternatively, contact the Legal Complaints Service, who should be able to further assist with your reclaiming query.