A Study undertaken by Norwich Union suggests that many drivers take the blame for road accident crashes, even when it was not their fault, but by doing so this might assist their long term mental health.

The study involving 1,556 British drivers found that 19% of motorists involved in a car accident felt under pressure by the other driver to take the blame, when in 71% of cases it was not actually their fault.

However, if drivers believe that they have caused an accident and accept responsibility, then often have fewer problems afterwards.  Conversely, if they believe someone else was at fault they may suffer uncertainty and fear that similar accidents may happen to them in the future.

COMMENT:-

People are more likely to suffer with post traumatic stress disorder when they feel out of control.  40% of the motorists involved in the study had experienced post traumatic stress symptoms following a road accident, and which included 15% having recurring memories of the incident and 17% feeling distressed when recounting what had happened.

It was also surprising that 32% did not know what to do when an accident occurred.  Norwich Union is now urging motorists to be prepared for the eventuality of a crash so that they are more able to deal with the stress involved and do not take the blame unnecessarily.

There is no doubt a commercial aspect to this study.  If motorists admit responsibility then it is more difficult for their insurers to dispute any claims subsequently made by the other driver for repairs to their vehicle or for personal injury compensation.

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.

A study has recently suggested that women who are involved in a road accident are more at risk of suffering a whiplash injury due to a “rear end shunt” than men, simply because of their driving position.

The study was conducted by a Swedish university and found that most women adjust their seat in such a way that it left them more susceptible to whiplash.  In particular, women often sit higher and closer to the steering wheel than men, and also with a more upright back and head rest, and this may put them more at risk of suffering neck injuries in the event of a collision from behind.

Data for the study was provided by a Swedish insurance company, and men and women’s seating positions were also compared to those of certain types of crash test dummies.

Following the study there was a call for the use of crash test dummies specifically designed to emulate the stature and driving posture of women, as this may eventually lead to an improvement in the risks posed in this type of accident.

COMMENT:-

Studies carried out in the UK have indicated that the use of head rests can greatly reduce the risk of someone suffering a whiplash injury, regardless of their driving position.

Every time the driver is changed, the head rest must be properly adjusted for the new driver.  In the event of a car accident, this can help prevent the injury by reducing the distance between the back of the driver’s head and the head rest.  This can stop the neck from bending back on impact.

Successful claims for accident compensation can be made against drivers who cause this type of road accident, whether the injured person is male or female.  However, everyone must ensure they minimise the risk of suffering a whiplash injury by being correctly positioned within the vehicle.

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered injury in any form or 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.

Published in Truckstop News - May 2008.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury firm Hinchliffes Solicitors considers the measures in place to prevent “ACCIDENTS THAT HAPPEN WHEN WORKING AT A HEIGHT”.

Falls from a height account for the majority of workplace accidents resulting in fatality or serious injury.  To combat this the Work at Height Regulations 2005 (amended 2007) were brought into force, placing more detailed and stringent requirements on employers and others who control work that is undertaken at a height.

The Regulations apply to all work at height where there is a risk of injury from falling, and also cover instances where an injury is caused by falling objects.  No minimum height is set; there simply has to be a risk of injury from falling.  Therefore the Regulations apply at ground level or even underground, if the accident was as a result of falling a distance likely to cause injury.

Such a fall could occur when moving around the workplace, or when gaining access to or leaving a workplace at height.  However, the Regulations would not apply if the fall was down a flight of permanent stairs, nor when travelling to or from work.

The site of the accident does not need to be the injured person’s normal place of work, so long as they are there for legitimate purposes.  Generally all workplaces come within the scope of the Regulations, including building sites, warehouses, offices, shops and pubs, however most shipping or dockside activities are excluded.

Certain requirements are imposed on employers and others in a position of responsibility, including:-

• - to avoid work at height wherever possible;

• - if unavoidable, to use work equipment or other measures to prevent falls;

• - where the risk of a fall cannot be eliminated, to use work equipment or other measures to minimise the distance and consequences of a fall.

Work must be properly planned and organised, and employers must take account of the risk assessment required under the Management of Health & Safety at Work Regulations 1999.  Employers must also ensure that those involved in the task are trained and competent, and any equipment used is inspected and records kept.

Another factor to be considered is the weather, and if adverse conditions might endanger those at height the job must be postponed.  This would apply as much to truckers who are required to work on the back of a trailer in a high wind or where the trailer has become wet or icy and which could lead to a fall, as it would to workers on scaffolding or a bridge.

The duty of care imposed by the Regulations between parties include:-

• - Owed by an employer to an employee

• - Owed by an employer to a person under his/her control

• - Owed by a self-employed worker to others on site

• - Owed by main contractors to site contractors

• - Owed by building occupiers to those working at height

The Regulations set out specific requirements for many aspects involved in the work to be undertaken at height, including the means of access to the workplace, scaffolding, ladders and stepladders, working platforms, work equipment, personal safety equipment, inspections and inspection reports.

Current statistics show that around 45 people are killed each year in this type of workplace accident, and it is hoped that the measures brought in will have some effect in reducing the number and severity of injuries caused.  However, breach of the Regulations that do result in an injury could give rise to a successful claim for compensation for both the injury and any consequent financial losses (eg lost income).

QUESTIONS & ANSWERS

I drive a flat bed lorry and have to load it with building materials in all weathers.  In the winter the flat bed is often wet or icy, and I have to help in manually unloading some of the materials that I deliver.  If I were to slip and fall off the flat bed would I be protected?

If you were required to be on the flat bed and you slipped and fell, your fall would certainly be from a height, and if the cause of the fall was the slippery condition of the flat bed you may well be able to successfully claim compensation against your employer for your injuries, together with any financial losses suffered because of the accident, such as lost wages while you could not work.

I work in an old factory as a general maintenance engineer.  Every day there are problems with wiring or old pipe work that I have to deal with.  Sometimes I am up a ladder and other times down in cellars sorting things out.  I only have an old set of wooden ladders and sometimes I have to reach out to get to the problem.  I have come off the ladders a couple of times and so far have not really hurt myself, but if I were to be hurt would I have a claim?

If you were to injure yourself you would likely have grounds for making a claim against your employer.  There are additional Regulations that deal with ladders, but it appears that you are not being supplied with adequate equipment to enable you to carry out your job.  A mobile tower or scaffold would seem to be more appropriate than a ladder for the work you have to do, as it would provide a safer platform to work from.  It seems that your employer urgently needs to carry out a risk assessment of the tasks you are asked to deal with.

My boss is very keen on safety issues, but this just holds me up.  The more work I get through, the more I get paid so I often ignore what I am told to do and just get on with the job.  My supervisor knows this is what I do, but lets me carry on.  What would happen if I was injured in an accident?

As your supervisor is aware of what you are doing and lets you get away with not following safety instructions, you would probably still be able to succeed in a claim for personal injury compensation against your employer.  However, if you were awarded compensation it is very likely that this would be substantially reduced to reflect your own negligence in not following the rules.  A question you need to ask yourself is whether you can afford to take the risk of potentially suffering a severe injury by taking these short cuts.

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.

Published in Truckstop News - April 2008.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury firm Hinchliffes Solicitors considers employers duty to minimise the risk of “ACCIDENTS CAUSED BY DEFECTIVE WORK EQUIPMENT”.  

Accidents and injuries at work are often caused by defective or faulty work equipment.  The Provision and Use of Work Equipment Regulations 1998 apply to all work equipment.  If the employer has breached the duty to provide a safe working environment and/or a safe system of work and as a result the employee has suffered injury, the employer may be liable to pay compensation to the employee for his or her injuries and any financial losses, such as reduced earnings.

“Work equipment” is defined as meaning any machinery, appliance, apparatus, tool or installation for use at work.  In the context of the Regulations “use of work equipment” means any activity involving the equipment and includes starting, stopping, programming, setting, transporting, repairing, modifying, maintaining, servicing and cleaning.

Work equipment has to be suitable for the purpose for which it is used or provided, and employers have to take steps to minimise the risk of any effect the equipment may have upon an employee’s health and safety.  This is a particular focus of the Regulations, which view the safety of the equipment from three aspects - its initial integrity, its place of use, and the purpose for which it will be used.  The equipment must be suitable by design, construction or adaptation for the actual work it is provided to do.

Particular care should be taken with equipment that is used for carrying people, which must be suitable for its purpose and safe to use.  Employers should consider the potential for someone falling from the equipment, perhaps due to unexpected movement, and should carefully consider the working environment.

A risk assessment for each task has to be carried out to identify any dangers or risks to health, including any posed by the equipment assigned to the task.  Whilst carrying out such assessments, employers need to have regard to working conditions, risks caused by premises and the specific use of the equipment itself, and must also take into account ergonomic risks and bear in mind the size and capabilities of the employee undertaking the work.  Employees are entitled to be told of any risks to their health and safety highlighted by the risk assessment.

All employers must ensure that work equipment is maintained in an efficient state, in efficient working order and is kept in good repair.  ”Maintenance” is referred to in very broad terms and covers the need for routine checks, planned and preventive maintenance, and repairs to ensure that work equipment is safe to use.  However, because the duty upon employers under the Regulations is absolute, even if routine checks and repairs are undertaken, if something unexpected causes the equipment to fail and an employee is injured as a result, the employer may still have to meet any claim for compensation.

Access must be prevented by the employer to dangerous parts of a machine.  In some situations the employer should ensure that any moving parts that may cause a danger are stopped before anyone comes within the “danger zone”.  The risk of injury can often be minimised by the use of guards or by supplying the employee with special clothing.

Employers must provide their staff with adequate training in how to use the work equipment, including where appropriate written information and instructions.  Any risks involved and precautions that should be taken to avoid injury should be highlighted.  Special attention must be paid when training certain classes of employees, eg young people, drivers and chainsaw operators.

If an employer has failed to comply with the Regulations with regard to work equipment and as a result an employee is injured, a claim for compensation is likely to succeed.  Even if the employee has been partly at fault (eg failed to wear the safety clothing supplied or did not take sufficient care in follow instructions) a claim can still be pursued, but the compensation may be reduced to reflect their part in the accident and which is known as “contributory negligence”.

QUESTIONS & ANSWERS

I use a circular saw at work, but the guard kept getting stuck and my boss told me to fix it.  I tried to jam the guard out of the way, but it fell down on my wrist pushing my finger onto the blade.  My finger was badly cut and remains stiff, and I will be left with a nasty scar.  My boss has told me that the accident was my own fault and that he is not responsible.

Your employer should have had the saw, and in particular the guard, repaired by a qualified mechanic.  The saw remained defective even after you had jammed the guard.  A claim against your employer should be successful and he would have difficulty arguing that you were partly to blame for the accident, and you should therefore be able to recover full compensation without any reductions. 

I drive an old lorry for my employer, delivering farm supplies.  He keeps it well maintained, but last month when I was going round a corner the steering failed and the lorry went off the road and I broke my ankle.  I asked about making a claim for my injuries and lost earnings while I could not drive, but he says it was a pure accident and does not think I am entitled to claim, as he did all he could to ensure the lorry was in good order.  Is this right?

You would have a good claim against your employer as the mere fact that the steering failed meant that the lorry was defective, even though nobody thought it was at the time.  Although he otherwise maintained the vehicle to a good standard, this would not enable him to successfully defend a claim.

At work I use a rope cutting machine.  It is quite old and sometimes the drive belt comes off.  When this happens I open the guard while the motor is still running and slip the drive belt back on again.  My supervisor knows that I do this, even though I am not supposed to.  The last time this happened I got my finger stuck in the belt and because of this my finger broke.  I assume the accident was my own fault and that I cannot make a claim.

The machine was defective and despite your supervisor turning a blind eye to what you were doing, you should not have put yourself at risk.  However, you are still able to make a claim and this is likely to be successful, but you should expect your compensation to be reduced to reflect your own negligence.

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.

Cowboy claims companies have been forced to clean up their act, says a report published yesterday.

The Ministry of Justice’s first annual report says better regulation has significantly reduced cold calling in person, which includes the practice of ‘clip boarding’ - knocking on doors and aggressively approaching people in shopping centres.  Unauthorised advertising and marketing in hospitals have also been almost entirely removed.

Bridget Prentice said:

“The regulation has put in place vital safeguards for consumers when using the services of claims management companies and is raising standards across the industry.”

“The new rules that claim managers must now follow have cleaned up the industry.  Consumers can have more confidence that they will be dealt with fairly when seeking to make a claim.”

“I am delighted to present the first annual review for the Ministry of Justice Claims Management Regulation Unit.”

Those authorised to provide the regulated services must now follow strict rules of conduct.  This will ensure that consumers are given clear information about the options available for pursuing their claim and the associated costs.  If an authorised person fails to comply with the rules the regulator can take appropriate disciplinary action.

Other successes include a strategy developed to deal with outright fraud like contrived accidents and a significant reduction of malpractice by companies handling claims made to the Criminal Injuries Compensation Authority, with some businesses voluntarily leaving the market.

The speed in which regulation was introduced - nine months from Royal Assent to the Act being fully in force - and the success in raising awareness among businesses that would need to be authorised resulted in three times more businesses coming forward than had been anticipated.  The flexibility in the legislation and the regulatory framework means we can respond to such demands quickly.

COMMENT:-

This is good news for consumers, but why use a claims management company (CMC) at all when it is likely that most people who have had an accident will have access to legal advice locally from experienced firms of personal injury claim solicitors, and will usually be able to see a personal injury lawyer at short notice.  Many of these firms will be members of the Association of Personal Injury Lawyers and be able to provide a No Win No Fee service.

The use of CMCs simply increases legal costs as they make their money by selling cases to solicitors.  The current average fee charged to solicitors for each case is around £650.  CMCs are an unnecessary and expensive link in the personal injury compensation process and potential claimants ought to think twice before responding to such companies’ TV or Yellow Pages adverts.

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.