Archive for the 'working at height' Category

Published in Truckstop News March 2010.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury Compensation firm Hinchliffes Solicitors will consider more “READERS’ SUCCESSFUL ACCIDENT CLAIMS”.

Continuing his review of successfully completed accident injury claims, Steven Hinchliffe looks at more situations experienced by readers of Truckstop News that resulted in an award of personal injury compensation.

All of the accident victims mentioned in these articles are actual clients of my firm, Hinchliffes Solicitors.  They have kindly given their permission for the disclosure of their details, and in particular of their real life experiences of incidents resulting in personal injury claims, and the steps taken to make a successful accident compensation claim.  All of these clients contacted my firm after seeing our details in Truckstop News - and readers may recognise some of the names referred to.

In this article I highlight 2 work accident claims involving a fall from a vehicle, but with quite different consequences.  As with the other articles in this series, the common trend remains the effect on each individual’s life.  Both of my clients sustained significant injuries and suffered financial losses as a result, but only one was likely to return to his pre-accident state of fitness.  Although using the process of law to make personal injury claims as a means of redress cannot truly compensate for the trauma and inconvenience suffered, it can assist in requiring the guilty party to provide medical treatment and rehabilitation, in addition to financial relief by way of awards of compensation.  As previously indicated, the basic aim of an accident claim is to try and return the injured party to the position that he or she would otherwise have been in had the accident not happened.

Published in Truckstop News February 2010.

In this month’s second article Steven Hinchliffe of the specialist Personal Injury Compensation firm Hinchliffes Solicitors returns to consider more “READERS’ SUCCESSFUL WORK ACCIDENT CLAIMS”.

Returning to his review of successfully completed accident injury claims, Steven Hinchliffe looks at various situations experienced by readers of Truckstop News that ultimately lead to an award of personal injury compensation.

All of the accident victims mentioned in this series of articles are clients of my firm, Hinchliffes Solicitors.  They have kindly given their permission for the disclosure of their details, and in particular of their real life experiences of incidents resulting in personal injury claims, and the steps taken to make a successful accident compensation claim.  All of these clients contacted my firm after seeing our details in Truckstop News - and some of the names referred to may be familiar to you.

In this article I highlight 2 different types of accident at work claims and examine the outcomes.  As with the previous articles, the common trend that emerges is the significant effect on each individual’s life.  Both of my clients sustained significant injuries and suffered financial losses as a result, including lost income.  Although using the established legal processes for making personal injury claims as a means of redress cannot truly compensate for the trauma and inconvenience suffered, it can assist in requiring the guilty party to provide medical treatment and rehabilitation, in addition to financial relief by way of awards of compensation.  As previously stressed, the fundamental aim of all accident claims is to try and return the injured party to the position that he or she would otherwise have been in had the accident not happened.

Published in Truckstop News August 2009.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury firm Hinchliffes Solicitors will consider some “READERS’ SUCCESSFUL ACCIDENT CLAIMS”.

Over the next few months Steven Hinchliffe will look at a number of different accident situations experienced by readers of Truckstop News leading to an award of compensation.

All of the accident victims mentioned in this series of articles are actual clients of my firm, Hinchliffes Solicitors.  They have kindly given their permission for the disclosure of their details, and in particular of their real life experiences of incidents resulting in personal injury, and the steps taken to make a successful accident compensation claim.  All of these clients contacted my firm after seeing our details in Truckstop News - and readers may recognise some of names referred to.

In each article I will highlight several different types of accident, but the common trend that will emerge is the effect on each individual’s life.  They all suffered injury (with varying degrees of seriousness) and many lost income as a result, along with other financial losses.  Although using the process of law as a means of redress cannot truly compensate for the trauma and inconvenience suffered, it can assist in requiring the guilty party to provide medical treatment and rehabilitation, in addition to financial relief by way of awards of compensation.  The basic aim of an accident claim is to try and return the injured party to the position that he or she would otherwise have been in had the accident not happened.

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.

Some basic elements need to exist for a successful accident compensation claim to be made.  The most common types of accident claims are a road accident claim or an accident at work claim.

To succeed in an accident compensation claim, the accident must have happened because someone was at fault and the victim suffered an injury.  The other party must have been aware that their actions (or lack of action) could cause injury, and which is commonly the situation when they are either another road user or an employer.

Published in Truckstop News June 2009.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury firm Hinchliffes Solicitors will consider “INJURIES COMMONLY SUFFERED BY TRUCKERS IN WORK ACCIDENTS”.

This article considers the types of injuries commonly suffered by truckers every day, while at work.  Highlighting particular accident situations and their consequences may help to increase awareness of the dangers they face.

An accident can happen at any time while at work.  This may be on the road driving from one depot to another, during the loading or unloading process, or even when simply walking around a company’s premises waiting for instructions or for a vehicle to be made ready. 

It is normally necessary for an injured person wishing to claim personal injury compensation to start Court proceedings in support of their claim within three years of the date of their accident.  If they do not do so the claim will usually be lost, as it will have become statute barred because of the provisions of the Limitation Acts.

However, the Court of Appeal recently decided that when Judges are exercising their discretion whether or not to waive the three year time limit, they should not automatically regard the person or company responsible for causing the accident to be prejudiced by removing their ability to use the passage of time as a defence.

Published in Truckstop News - May 2009.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury firm Hinchliffes Solicitors will consider “TRAILERS - HAZARDS THAT CAN RESULT IN ACCIDENTS”.

My many years’ experience of injury compensation claims made by truckers suggests that more problems arise when delivering or collecting a load than on the roads.  It is therefore not surprising that regulations place responsibilities on both employers and employees to help reduce the risk of injury.

Employers’ basic duties in this regard include:-

•  undertaking risk assessments and planning the loading and unloading of vehicles so as to avoid or minimise the need to work at height;
•  ensuring there are well designed access points to vehicles and trailers;
•  fitting additional safety equipment if necessary, eg access ladders or non-slip surfaces;
•  providing protective equipment, eg slip resistant footwear;
•  ensuring work equipment is well maintained;
•  recognising problems with particular vehicles and responding to suggestions, eg for preventing falls from those vehicles;
•  ensuring supervisors check how people get on and off vehicles, and enforce safe systems of work.
  

Companies are failing to invest in inexpensive and simple measures that would prevent their workforce having work accidents while working at height.  Many accident work claims for personal injury compensation are as a result of poor management, broken or inadequate equipment, or structural failures.  Records indicate that incidents involving a fall from a height currently result in more workplace deaths than from any other type of work accident.

Some employers appear to believe that workplace height regulations apply only to sizeable heights.  This is wrong, as anything above one metre is classed as “working at height”.  Many work accidents result in injuries when there is a fall at “low height”, such as when truck drivers unload goods from HGVs.

Published in Truckstop News - July 2008.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury firm Hinchliffes Solicitors considers the “HAZARDS INVOLVED WHEN LOADING AND UNLOADING LORRIES”.

Recent evidence suggests that each year around 60 workers are killed and 5,000 seriously injured while working in haulage and distribution.  A further 23,000 sustain injuries severe enough to keep them off work for several days.

Many of these injuries are due to accidents during the loading and unloading process, often caused by:-