It has been suggested by the Department for Transport (”DfT”) that the number of fatalities and injuries caused in road accident cases reduced in 2007/2008 compared to the statistics for 2006/2007.

The DfT suggest that the overall number of relevant road accidents had reduced by 5%.  They also indicate that there was a 4% reduction for motorcycle accidents, however the number of cyclists either killed or injured increased by 5%.  The findings are based on the number of road accidents reported to the Police in the UK during the first 3 months of 2008.

COMMENT:-

However, it is accepted by the DfT that the figures may not represent the true picture.  This is because it is likely that a significant proportion of the accidents where only minor injuries were suffered are not actually reported to the Police.  Also, of the accidents reported to the Police, some of the injuries are not recorded and the severity of injuries tends to be underestimated.

It is worth noting that around 75% of all personal injury compensation claims result from road accidents.

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered injury in any form of road accident, contact personal injury specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make claims for injury compensation.  All cases are dealt with on a No Win - No Fee basis, where the successful Client keeps 100% of the compensation recovered.

Call now on 0800 138 1348 to speak direct to a personal injury lawyer or go to our Start Your Claim Now page to submit details of your personal injury claim online.

Since April 2008 we have been reporting on the progress of the 1000 plus personal injury compensation claims for various skin conditions resulting from defective leather furniture.  Argos, who is one of the Defendants in the litigation, has now accepted that these problems were caused by anti fungicide sachets that were placed within the items of furniture.

More than 1000 people are making defective product injury claims after suffering painful skin reactions caused by Pia or Bari leather furniture supplied by a number of retailers.  With this new development it is hoped that it may now be possible for settlement proposals for their claims for compensation to be put forward.

It has been discovered that the anti fungicide sachets were placed inside the furniture to protect them against mould during storage and transportation, and also while the sofas were in everyday use.  The sachets contained Di-methyl Fumarate (DMF), which is a chemical known to cause skin irritations.  Most of the affected furniture has now been recalled.

COMMENT:-

Although the cause of the problems has now been established, the long term effects of exposure to DMF are not yet known.  It has been reported that some of the claimants were hospitalised and there was one alleged fatality.  Another woman claimed she was almost driven to suicide because doctors could not find the cause of her problems and were therefore unable to treat them.

It appears that for many of the claimants the pain they experience is similar to severe sunburn or scalding from acid or boiling water, which can last for months or even years if the cause is not identified.  However, medical treatment appears to only work once the furniture is removed from the house.  Anyone who has leather furniture and who develops these symptoms may wish to consult their doctor and also seek legal advice as to whether they are able to make a compensation claim.

The furniture was produced in China and has proved to be another example of goods produced abroad cheaply and imported into the UK which have caused consumers to suffer from accident or disease injuries. 

PERSONAL INJURY CLAIM SOLICITORS:-

If you have been injured in an accident or developed any illness or disease due to a defective product, contact personal injury specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make claims for injury compensation.  All cases are dealt with on a No Win - No Fee basis and successful Clients keep 100% of the compensation recovered.

Call now on 0800 138 1348 to speak direct to a personal injury lawyer or go to our Start Your Claim Now page to submit details of your personal injury claim online.

A couple who on 8 May 2008 were found liable to pay injury compensation after an accident on a bouncy castle hired by them for a party, that left a boy brain damaged, have had that decision overturned by the Court of Appeal.

Samuel Harris suffered the injury in 2005 while playing on the bouncy castle when a larger, older boy performed a somersault and accidently struck his forehead.  Samuel suffered a depressed skull fracture and a subdural haematoma in the left frontal parietal lobe, and has been left with severe problems.  The initial decision was based on the allegation that no adult was actively supervising the children on the bouncy castle at the time the accident occurred.

In reaching its decision, the Court of Appeal decided that it was impossible to preclude all the risk that a child may suffer an injury or cause an injury to another child, and therefore minor injuries were to be expected.  Further, it was found to be impractical for parents to keep children under constant surveillance or even supervision, and it would not be in the public interest for the law to impose such a duty upon them.  In the circumstances, the personal injury compensation claim was defeated.

COMMENT:-

The Court of Appeal found that the parents who had hired the bouncy castle for their child’s party were not at fault in the way they acted.  Their supervision of the children using the inflatable play area was in accordance with the demands of reasonable care for the children in these circumstances.  The injuries suffered followed a freak and tragic accident for which no one was at fault.

Many personal injury compensation solicitors were surprised by the original decision to allow the claim to succeed, as it was contrary to other established decisions in similar claims.  Schools and volunteer groups will be relieved that the Court of Appeal has restored the position by confirming that a personal injury claim can only succeed if there has been clear and unequivocal negligence.

PERSONAL INJURY CLAIM SOLICITORS:-

If you have been injured in any type of accident, contact personal injury specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make claims for injury compensation.  All cases are dealt with on a No Win - No Fee basis and successful Clients keep 100% of the compensation recovered.

Call now on 0800 138 1348 to speak direct to a personal injury lawyer or go to our Start Your Claim Now page to submit details of your personal injury claim online.

Published in Truckstop News - August 2008.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury firm Hinchliffes Solicitors considers the “DANGERS ASSOCIATED WITH FORKLIFT TRUCKS”.

The Health and Safety Executive estimates that each year there are around 8,000 forklift truck (”FLT”) accidents resulting in injury, about 10 of which are fatal.  Inadequate training appears to be a significant cause of these accidents, but other issues such as operator error, unsuitable premises, poor layout and design of the FLT operating areas, and poor maintenance are also contributory factors.

Employers have a duty to assess FLT operations and ensure that safe systems of work are in place.  A failure to do so that results in someone being injured, could lead to a successful personal injury compensation claim and a criminal prosecution.

A series of 10 steps highlight the potential dangers and what should be done to help reduce the risk of an accident happening.

STEP 1 - Operator Selection.  Users of FLTs should be physically capable and have the ability to undertake the tasks required.  An employee who is unfit (perhaps due to alcohol or drugs) should not be allowed to operate the equipment.

STEP 2 - Training.  This should be carried out by a competent instructor and should always include 3 stages:-

• - basic training - the basic skills and knowledge required for safe operation of the FLT;

• - specific job training - knowledge of the particular workplace, any special needs to be met and in the use of any attachments;

• - familiarisation training - carrying out the work under supervision.

STEP 3 - Further Training.  All FLT operators should be re-assessed periodically to ensure they continue to operate the equipment safely, and also to identify whether any re-training is required, particularly for staff who either have not used an FLT for some time or who use them infrequently.  It is also important that supervisors have sufficient training to enable them to recognise unsafe practices, even if they themselves do not operate FLTs.  Records detailing the nature and content of each element of training and assessment should also be kept.

STEP 4 - Authorisation.  Employees should not be allowed to use FLTs without written authorisation, and which should relate to the specific type of FLT to be used and also the work for which the employee has been trained.  When not in use, keys should be removed from FLTs and kept in a safe place to prevent unauthorised access.

STEP 5 - Layout.  Driving areas should be as flat as possible and free from obstructions.  Roads, gangways and aisles should have sufficient width and overhead clearance for the largest FLT likely to be in operation.  Sharp bends should be avoided and one-way traffic systems should be introduced.  Wherever possible pedestrians should be kept away from FLT working areas, but if not possible there should be clear warning notices and direction signs.  Also, audible warning devices and flashing beacons should be fitted to FLTs, together with restraints such as seat belts.

STEP 6 - Safe Working Load (”SWL”).  FLT operators must be aware of the SWL and ensure it is not exceeded.  They should also be aware that attachments, such as clamps and cages, will reduce the SWL and the operator given additional training in using the attachments.

STEP 7 - Platforms.  Work at height should never be undertaken from the fork arms or from a pallet balanced on the fork arms of FLTs.

STEP 8 - Passengers.  No passengers should be carried in the cab, on the forks or on any other part of FLTs under any circumstances.

STEP 9  - Battery Changing.  This should be done either in a separate room or a designated area that has a high level of ventilation and no direct ignition sources.  Warning notices such as “No Smoking” and “No Naked Lights” should be provided.

STEP 10 - Maintenance.   There should be a system for reporting defects and ensuring that repair work is carried out.  A planned routine maintenance system should include:-

• - daily checks of tyres, brakes etc by the operator at the start of each shift;

• - weekly checks by a supervisor or manager and a written report kept;

• - at least every 12 months a thorough examination should be undertaken by an engineer;

• - an engineer should also carry out checks after an accident, any major repair or modification, following which a certificate should be issued that the FLT is safe to use.

Only if all of these guidelines are followed will employers significantly reduce the risks faced by their workforce and visitors to their premises.

QUESTIONS & ANSWERS

I drive an FLT and have been working in a yard where the concrete surface is poor.  At one point 2 pieces of concrete meet, but with a 1½ inch difference in levels.  The FLT has no suspension and my back has become sore because of the jarring.  Do I have a claim against my employer?

Your employer is clearly in breach of regulations.  The yard surface is inadequate and appears to be the cause of your back problem, and it does not matter if this was caused by a single jolt or over a period of time due to the constant bumping.  Any claim for compensation would probably be successful.

A few months ago I delivered a palletised load to a warehouse.  When the FLT driver lifted one of the pallets it hit the pallet next to it, which fell and hit the back of my legs.  I only had a few grazes, but I still have painful and stiff legs, and I find it difficult to climb into the cab.  What can I do?

The FLT driver was negligent and you are still within the 3 year time scale to make a compensation claim against the warehouse owners.  It appears your injury is more serious than you first thought and as part of the claim you could seek rehabilitation treatment that might assist.

When driving an FLT I clipped a workmate’s heel while he had his back to me.  He had to take time off work and I feel terrible, but he does not want to make a claim in case I get into trouble.  My boss has made it clear that I must be more careful, and the accident was recorded at work.  What should I say to my mate?

This situation happens all the time when someone is put off from making a claim because they think that either they will get the sack or their negligent colleague will get into trouble.  Claims are almost always dealt with by the employer’s insurers rather then them personally and no employees should be victimised.  Your friend has a good claim and should seek advice about it.

ENDS

(Other Personal Injury FAQs)

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered any form of accident contact personal injury specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make claims for injury compensation.  All cases are conducted on a No Win - No Fee basis, where the Client keeps 100% of the compensation recovered.

Call now on 0800 138 1348 to speak direct to a personal injury lawyer or go to our Start Your Claim Now  page to submit details of your personal injury claim online.

A householder in Leeds, Joe Spink, has recently received an accident compensation claim from a postwoman who slipped on the step outside his house when delivering his mail on a rainy day, and as a result suffered an injury to her leg.

The postwoman claims that because the step was painted it became slippery in wet weather and Mr Spink is therefore in breach of the Occupiers Liability Act, which imposes a duty on occupiers of land and buildings to ensure that they are reasonably safe for visitors.

The first time Mr Spink became aware of the accident was when he received a letter from the postwoman’s solicitors, and the matter is now being dealt with by his home insurers.

COMMENT:-

Occupiers of land and buildings must comply with the Occupiers Liability Act, and this applies whether the premises are owned or rented by the occupier, and to domestic as well as commercial premises.  The Act also applies to open land.

The scope of the Act is wide and covers matters such as dangerous pathways or buildings, and even such things as items falling from the premises, eg a shop sign that becomes loose on a windy day and falls on a passer by.

To avoid the potentially significant financial consequences of meeting any claims for personal injury compensation, it is essential that occupiers ensure their premises are safe and are also covered by appropriate insurance.

PERSONAL INJURY CLAIM SOLICITORS:-

If you have been injured in any type of accident, contact personal injury specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make claims for injury compensation.  All cases are dealt with on a No Win - No Fee basis and successful Clients keep 100% of the compensation recovered.

Call now on 0800 138 1348 to speak direct to a personal injury lawyer or go to our Start Your Claim Now page to submit details of your personal injury claim online.

On 13^th July 2008 Sophie King was awarded £7,200 personal injury compensation at the Manchester County Court when the shoe firm Dolcis admitted liability for injuries to her leg, caused when her stiletto snapped while on a night out.  The accident resulted in surgery to her injured leg.

The accident happened during a night out with friends in Manchester, and which was the first time she had worn the two and a half inch heeled shoes.  The injury to her leg required an operation and she was then in plaster for a while, which made it impossible for her to play sport.  She also had a holiday job as a waitress, which she had to give up.

Miss King has said “I know so many people who have gone over in their heels; it wouldn’t surprise me if more people came forward”.

COMMENT:-

Following the accident Miss King made a product liability claim, which was relatively straightforward as she was well protected under consumer law.

Similar accidents happen every day and shoe retailers routinely replace the defective shoes.  However, consumers should be aware that if the defective shoe has caused them to suffer an injury, then the retailer may also be liable to pay injury compensation.

PERSONAL INJURY CLAIM SOLICITORS:-

If you have been injured in an accident or developed any illness or disease due to a defective product, contact personal injury specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make claims for injury compensation.  All cases are dealt with on a No Win - No Fee basis and successful Clients keep 100% of the compensation recovered.

Call now on 0800 138 1348 to speak direct to a personal injury lawyer or go to our Start Your Claim Now page to submit details of your personal injury claim online.

A Scottish woman, Joyce Robson, has been successful in her claim against her former employers for personal injury compensation, after being exposed to chemicals at their chicken factory.

While working in the egg hatching department of the factory she was exposed to a solution of formaldehyde, which she claims caused her to develop asthma, and which might also restrict her future employment prospects.  This is because she will have to use an inhaler for the rest of her life, and will therefore be prevented from undertaking certain jobs, for example those involving working in a dusty environment.

At a Court hearing on 10^th July 2008 her former employer Grampian Country Chickens (Rearing) Ltd were ordered to pay her £25,000 injury compensation.

COMMENT:-

Many workers wrongly assume that claims for personal injury compensation can only be made if they suffer from breathing related illnesses caused through their work in coal mining or in heavy industries where asbestos was used. 

This is not the case, as successful claims can be made in respect of any workplace where the environment is dusty; full of air borne particles or where chemicals are used and which are known to be harmful to workers.

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered any form of accident at work or have contracted an industrial disease or illness, contact personal injury specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make claims for injury compensation.  All cases are dealt with on a No Win - No Fee basis, where the successful Client keeps 100% of the compensation recovered.

Call now on 0800 138 1348 to speak direct to a personal injury lawyer or go to our Start Your Claim Now page to submit details of your personal injury claim online.

All inclusive cruises and foreign holidays are more popular now than ever, but people may not realise the action they can take if they suffer an injury or become ill while abroad.

If an accident happens, it may be possible to make a personal injury claim under English law if any holiday lasting for more than 24 hours was bought as a package for an inclusive price, and comprises at least 2 of the following items - transport (eg by road, rail, sea or air), accommodation, other tourist services (eg a pre-booked excursion or activity).  The same applies if a medical condition or illness is suffered, such as food poisoning. 

Claims are made against the travel company under the Package Travel, Package Holidays and Package Tours Regulations 1992 on the basis of their improper performance of the holiday contract.

For a claim to succeed the injured person needs to show that the accident or incident happened due to a lack of reasonable care.  However, local health and safety standards will be relevant, and which may be lower than those applicable in the UK.  If successful, the level of injury compensation is based upon English law, rather than that of the country where the accident or incident took place.

If an accident happens during an activity that was not pre-booked as part of the holiday package, but was paid for by credit card, it may still be possible to make a claim under consumer credit law.  Claims are made against the credit card company on a similar basis.

COMMENT:-

Accidents on holiday often happen in hotels because of faulty equipment, the negligence of staff or wet floors that cause a slipping hazard.  They might also occur because of defective equipment used during an excursion, eg a chair collapsing on a boat trip.

Travel companies’ insurers sometimes vigorously defend the claims and it is therefore very important for the injured person to be represented by experienced personal injury claim solicitors, who understand the relevant law and procedure.

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered an injury while on holiday, contact personal injury specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make claims for injury compensation.  All cases are dealt with on a No Win - No Fee basis and successful Clients keep 100% of the compensation recovered.

Call now on 0800 138 1348 to speak direct to a personal injury lawyer or go to our Start Your Claim Now page to submit details of your personal injury claim online.

On 9 July the Government published its consultation paper with a view to responding to the controversial decision made by the House of Lords on 17 October 2007 that workers who had pleural plaques should not be compensated for this by their employers.

Pleural plaques are small localised areas of fibrosis that are found within tissues in the lungs and which are caused by exposure to asbestos.  Prior to this landmark decision injury compensation was recoverable for this condition.

The consultation paper will consider issues of law and the medical evidence upon which the House of Lords relied in making their decision.  Action to promote a greater understanding of the condition is also suggested, in addition to increased support once a diagnosis is made to ease concerns, particularly regarding the recognised asbestos related illnesses asbestosis and mesothelioma.

Comments are invited on a possible “no fault” payment scheme for those who have been diagnosed with the condition with two suggested options.  The first that such a scheme should be limited to those exposed at work to asbestos and diagnosed with pleural plaques within a set period prior to the House of Lords’ decision who had not already received compensation.  The second is that the scheme should be available to all workers who are diagnosed now or in the future.

As well as considering whether payments should be made, issues are also raised concerning who should make those payments, how much compensation would be appropriate in each case and the risks, benefits and costs that would be involved with each of the proposed schemes.

COMMENT:-

Although pleural plaques are benign and do not usually cause any symptoms or affect how the lungs perform, they are an indication of exposure to asbestos and cause concern about the prospects of a more serious condition developing.

In practice it is unlikely that a scheme for “no fault” payments will be introduced as this would be funded by the taxpayer.  However, the insurers of the industries that exposed their workers to asbestos may be called upon to pay compensation.

The Government’s decision to consult on this matter is a fairly strong indication that they are considering a change in the law.  Therefore, anyone who has been diagnosed with pleural plaques should contact specialist solicitors now to discuss the possibility of a personal injury claim being made as soon as any changes become effective.

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered any form of accident at work or have contracted an industrial disease or illness, contact personal injury specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make claims for injury compensation.  All cases are dealt with on a No Win - No Fee basis, where the successful Client keeps 100% of the compensation recovered.

Call now on 0800 138 1348 to speak direct to a personal injury lawyer or go to our Start Your Claim Now page to submit details of your personal injury claim online.

Research has shown that people who suffer with head, neck and back pain can sometimes trace the source of the problem to a damaged jaw.  When the jaw joint is subjected to trauma as a result of a blow to the face, a heavy fall or a road accident, damage can occur.  The jaw is in constant use and it is therefore very difficult for the body to heal it, and as a result there is often pain and wearing down of teeth.  Also, many people consider clicking or popping of the jaw joint to be normal or unimportant, but it is sometimes an indication that a problem exists.

During their recovery process, victims of a whiplash injury will often be referred to a physiotherapist for treatment.  An undiagnosed jaw condition will hinder their recovery and could affect the way the jaw functions, and also muscle activity of the head, neck and upper back.

COMMENT:-

Someone who has been involved in a car accident where the car was struck from behind is 5 times more likely to experience problems with their jaw than the rest of the population.  Statistics show that of the 300,000 diagnosed whiplash injuries each year, around one third of the victims will have an injury to their jaw.

However, if their symptoms are not recognised as being related to a possible problem with the jaw until after a whiplash injury claim is settled, it will then be too late to recover accident compensation for this element of the injury.  The early intervention of a trained practitioner in these cases is therefore vital.

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered injury in any form of road accident, contact personal injury specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make claims for injury compensation.  All cases are dealt with on a No Win - No Fee basis, where the successful Client keeps 100% of the compensation recovered.

Call now on 0800 138 1348 to speak direct to a personal injury lawyer or go to our Start Your Claim Now page to submit details of your personal injury claim online.