Archive for the 'Industrial disease' Category

How do you select the right person to handle your accident compensation claim, particularly in respect of a work accident claim?  Personal Injury compensation claims solicitors, Hinchliffes Solicitors, give some advice.

Solicitor Steven Hinchliffe, the Principal and owner of the firm, says “Always find out if a solicitor will handle the claim and how much experience the proposed file handler has, particularly in dealing with more complicated cases such as accident at work claims.  Also consider how long the firm of solicitors or the claims company has existed, and question whether the proposed file handler is a true specialist in accident compensation claims.  Many companies and solicitors offering personal injury claims services have a mixed caseload of work in various areas of law, which can result in the client not achieving the best possible outcome.”  When making your choice, the length of time that a solicitor has been qualified is often less important than their level of expertise.

Many workers suffer with back pain caused by various factors, including the requirement to lift objects or perform general manual handling tasks while at work.  They may experience instant discomfort caused by a specific accident, or a gradual onset of symptoms over a period of time that would be classed as an industrial disease.  These situations often result in the injured person making an accident compensation claim against their employer.

The term “manual handling” is used to describe a wide variety of work related tasks, including lifting, lowering, pushing, pulling, carrying, moving and holding or restraining an object, animal or person.

Although back injuries are common in this type of accident at work claim, other more serious injuries may also be caused, for example muscle or tendon damage.  Also, heart conditions may arise because of the nature of the initial injuries suffered and the length of time they take to heal.  These types of incidents at work often lead to a successful work accident claim, with the injured person receiving significant personal injury compensation.

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.

Published in Truckstop News - February 2009.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury firm Hinchliffes Solicitors will consider “WHEN AN ACCIDENT INCREASES THE PAIN OF THE CREDIT CRUNCH”.

People tell me they expect an increase in claims for personal injury compensation, as accident victims seek money to help with their financial difficulties, especially if their ability to earn is affected.  However, in my experience this is unlikely to be the case.  Most people are reluctant to make a claim and feel awkward about asserting their legal right to obtain compensation, even when their injuries are significant. 

This is particularly so following an accident at work, where understandably concerns arise about job security and the future.  It is true that occasionally an employer may see a claim as a personal attack and react badly, however employment law protects workers from victimisation and provides remedies if relations turn sour. 

Deaths from diseases caused by the inhalation of asbestos are not solely the result of working in heavy industry, as had been the widely held belief.  Nurses, doctors and teachers are among the 4,000 people each year who are dying from these diseases.

Statistics show that 183 teachers and lecturers died from Mesothelioma in the 20 year period between 1980 and 2000, but the disease claimed 76 lives in the 4 year period between 2002 and 2005.  There has been a similar increase in the number of nurses dying from this disease - from 49 between 1980 and 2000, to 25 between 2002 and 2005.

The Health and Safety Executive’s recent statistics show that for 2007/2008 there has been a reduction in the number of people who have been killed, injured or made ill by accidents at work.

Figures suggest that the incidents of work accident injury have fallen by approximately 9% since 2000, and that this trend is continuing.  Fatal workplace accidents have also reduced by around 5%.  The number of reported work related diseases appears to have also fallen, however there has been an increase in asbestos related diseases, such as Mesothelioma.

In 2005 mechanic Robert Earl died of the asbestos related disease Mesothelioma.  In 1969 he had spent approximately 8 months working at a local garage, where he was exposed to asbestos in the brake linings of the commercial vehicles that he was repairing.  A claim was made against the garage by Mr Earl’s Executors, who were successful in recovering injury compensation for his family.

Although the exposure to asbestos in this case was relatively minor, the success of the Mesothelioma claim could set a precedent for others seeking personal injury compensation as a result of limited exposure to asbestos.

Mesothelioma is a form of cancer where there sufferer is found to have affected cells in the mesothelium, which is the protective sac covering most of the body’s internal organs.  The condition mainly affects the lining of the lungs (the pleura) and the area around the lower digestive tract (the peritoneum).

The majority of sufferers develop the condition as a result of inhaling asbestos fibres, usually while at work, and many are able to successfully pursue work related industrial disease claims. 

A significant period of time can elapse between the first exposure to asbestos and diagnosis with the condition.  This is seldom less than 15 years, and can even be up to 60 years.  As a result the current mortality rates is a reflection of the poor working practices and conditions of the UK’s industrial past.

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.

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.