Archive for the 'Asthma' Category

Published in Truckstop News July 2010.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury Compensation firm Hinchliffes Solicitors will consider “THE IMPORTANCE OF STRONG MEDICAL EVIDENCE IN SUCCESSFUL PERSONAL INJURY CLAIMS”

What is the role of medical evidence in personal injury claims and why is it so important?  To make a successful claim for personal injury compensation, you need to prove three things.  Firstly, that someone else had a legal responsibility for your safety and welfare; secondly that they failed in their responsibilities towards you; and finally that you suffered an injury as a direct result.  No matter how serious your injuries are, you will only be able to recover accident compensation if the first and second criteria are satisfied.

To pursue an accident compensation claim following an accident at work you must prove that your injuries were caused by the negligence of another party.  This will usually be your employer, but might include workers from other companies.  Employers have a duty to ensure the safety of all the people on their premises, whether they employ them or not, and if they fail to do so then personal injury compensation could be awarded for successful accident claims.

Work accident claims are often made for injuries suffered because the work equipment provided by an employer was faulty, poorly maintained, defective or even dangerous.

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.