Archive for the 'Claims issues' Category

Malvern solicitor Steven Hinchliffe outlines some of the issues that should be considered following a road accident, and which can easily be overlooked in the immediate aftermath.  This note offers guidance on the initial steps to be taken.

Steven Hinchliffe is the Principal of Hinchliffes Solicitors which firm specialises in personal injury compensation claims and handles accident at work, road accident and many other types of cases throughout England and Wales.  Even so, many clients of the firm are local to Malvern and the surrounding towns of Ledbury, Upton upon Severn, Tewkesbury, Pershore, Evesham, Droitwich, Redditch, Tenbury, Bromyard and the cities of Hereford and Worcester.

WHAT SHOULD I RECORD AFTER AN ACCIDENT?

Before you think of anything else, switch off your ignition and get away from any fuel spill.  Then take a note of relevant details and it is useful to keep a pen and paper with you, together with a copy of your insurance certificate, for this type of situation.

Published in Truckstop News February 2011.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury Compensation firm Hinchliffes Solicitors will consider “WHEN A SLIP OR TRIP AT WORK CAN LEAD TO A SUCCESSFUL COMPENSATION CLAIM”  

“If you have been injured in a Slip, Trip or Fall Accident within the last 3 years that was not your fault, you may be entitled to claim Personal Injury Compensation.”  How often have you come across this statement in the press or in adverts on the TV or radio?  In reality claims following this type of accident are often difficult to succeed with, particularly when the party at fault is a local council or highway authority.  However, if the injured person was at work when the accident occurred and the party at fault is either their employer or a business related to their job, then the potential for success is greatly enhanced by virtue of Health and Safety legislation.  These provide employees with significantly more protection than ordinary members of the public.

So long as the accident happened during the course of your work and was caused by the negligence of someone related to your job, it is always worth taking advice from a personal injury specialist on the merits of your potential claim.  It does not really matter where you were when you fell, for example while in a warehouse, an office, a car park, when on the back of a trailer or standing on a ladder or platform, but what caused you to fall is an important factor.

Published in CVDriver January 2011.

This is the first in a series of articles written by solicitor Steven Hinchliffe, who is the owner and Principal of the specialist Personal Injury firm HINCHLIFFES SOLICITORS.

In these articles he will consider various issues relating to the accidents commonly suffered by professional drivers and the sometimes devastating injuries they sustain.  The firm has many years of experience in handling accident claims on behalf of injured victims – not only recovering millions of pounds in compensation, but also securing medical and other rehabilitation treatment to aid their recovery and return to normal life. 

This first article deals with the basic elements that need to exist for a successful claim for personal injury compensation to be made following an accident.

Published in Truckstop News December 2010.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury Compensation firm Hinchliffes Solicitors will consider “WHETHER CLAIMS CAN BE MADE AGAINST COMPANIES IN LIQUIDATION OR NO LONGER TRADING”

There are likely to be a considerable number of valid personal injury compensation claims that have not been pursued, simply because the person either injured in an accident at work or suffering from an Industrial Disease believes that the insolvency or liquidation of the company at fault will prevent them from making a claim.  This is not the case.

Although in some situations it may take a considerable amount of time to piece together the history of a company and trace the relevant insurance cover, in many instances the time required to bring the claim to a successful conclusion is little different from that taken when the defendant company is a solvent business.  The same applies no matter whether the potential defendant is a limited company, a PLC, a sole trader or a partnership that has ceased trading.  The important factor is whether the insurance company that provided the relevant cover to that business can be identified.  If there was a valid insurance policy in force at the time the accident occurred, or the Industrial Disease was suffered, then generally speaking a claim for compensation will be possible.

The number of people killed in work related accidents has fallen to the lowest on record.  An official report published in October 2010 by the Health and Safety Executive indicated that between April 2009 and March 2010 there were 152 fatalities, down from 179 the previous year.  This corresponds to a rate of 0.5 deaths per 100,000 employees.

There were 26,061 major injuries, such as amputations and significant burns, to workers compared with 27,894 in 2008/09.  There were 95,369 injuries severe enough to keep employees away from work for three or more days, down from 105,261 in the previous year.

An estimated 1.3 million people said they were suffering from an illness caused or made worse by the nature of their work, which was an increase from 1.2 million in 2008/09.

A Lincolnshire global frozen vegetable merchant has recently received a £10,000 Court fine after an employee had his finger amputated following an accident at work.

The employee was attempting to make straight some boxes on an automatic palletising device at the Pinguin Food plant in Boston, Lincolnshire.  The mechanism he was working with had a Perspex guard but this allowed the employee access to the guarded enclosure while the machine was running.  In fact, when the accident occurred the employee was standing behind the guard but was still able to get his fingers caught between a pallet and the conveying platform.

The employee lost his middle finger from the tip to the first knuckle and was away from work for six months.

Published in Truckstop News October 2010.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury Compensation firm Hinchliffes Solicitors will consider “WHY DEFECTIVE WORK EQUIPMENT ACCIDENT CLAIMS ARE USUALLY SUCCESSFUL”

THE GENERAL LAW

The Provision and Use of Work Equipment Regulations 1998 (PUWER) came into force on 5 December 1998, and both employers and employees should ensure they are fully aware of the duties and responsibilities imposed on them.

The Regulations aim to prevent risks to workers’ health and safety that might arise from equipment they come into contact with during the course of their work.  The requirements imposed on employers include ensuring that such equipment is safe for the use intended; that regular maintenance and repairs are undertaken to keep it in a safe working condition; that it is only used by people who have received adequate information, instruction and training; and that there are suitable safety measures such as markings, warnings or protective guards, and if appropriate the provision of special clothing.

Published in Truckstop News August 2010.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury Compensation firm Hinchliffes Solicitors will consider “HOW COMPENSATION FOR ACCIDENT RELATED INJURIES IS CALCULATED”

In this article I set out the basic procedures for working out how much money an injured person should receive to compensate them for the injuries they have suffered in an accident caused by the negligence of another person or company.  Awards of compensation made by the Courts in England and Wales are some of the lowest in Western Europe; therefore it is essential that every avenue is explored to ensure that the injured person is as fully compensated as the law permits.

Sometimes the injured person is found to be partly responsible for the accident, and in that case the amount of compensation they receive is reduced by a certain percentage to reflect their share of the blame.  For example, in a head on car accident both drivers may be held equally responsible and therefore once the full value of the injuries and the full extent of the injured person’s financial losses are established, only 50% of this would be due.  Also, if someone involved in a car accident was not wearing their seatbelt and this resulted in their injuries being more severe than would otherwise have been the case, they would lose between 15% and 25% of the full compensation, depending upon the individual circumstances.

According to the Health and Safety Executive the number of people killed at work fell to a record low between 1^st April 2009 and 31^st March 2010.  In this period 151 workers were killed which is a considerable improvement compared with the average number of deaths for the previous five years of 220 per year.

In part it is possible that the figures could be due to a decrease in commercial activity in some sectors because of the recession.  However, some improvement may well be down to the advancement of good practice in the workplace.

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.