A rambler who suffered injuries when walking on a rickety footbridge has won £3,000 in her accident compensation claim.  Mrs B Green was walking along a public footpath at Combe Haven Valley Nature Reserve, and as she went over a wooden bridge a section of the planking collapsed.

As a result of the accident Mrs Green suffered factures to her 2^nd and 3^rd metatarsals, cuts to her shin and bruising to her groin.

The local council defended the accident claim, stating that she should have seen the defect and stepped over it.  However, they admitted having no formal inspection regime for the bridge as it was in a rural location.

COMMENT:-

Footbridges and styles that form part of public footpaths are often overlooked by Councils and private landowners when considering their duty of maintenance.  It is wrongly felt that because of the country location a failure to prevent them falling into a poor and dangerous condition will not result in any liability should an accident happen.

It is true that liability may be avoided for an accident claim where someone suffers a trip or slip on a country footpath as they ought to be aware of their surroundings and take special care.  However, they should expect to be kept safe when using specific features such a bridge or style, which has been highlighted in this case.

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 in the Midlands or go to our Start Your Claim Now page to submit details of your personal injury claim online.

A manufacturer of industrial catering equipment, Lincat Ltd, has been fined £19,400 and ordered to pay substantial legal costs after being found in breach of health and safety regulations following an employee suffering an accident at work.

The employee, Rolf Cinavas, worked as an oven assembler and suffered a groin injury when he was required to move a pizza oven weighing 96kg without the use of any mechanical lifting gear.  He and his supervisor had to move 5 ovens from a waist high assembly bench and put them on pallets that were on the floor.  As a result of the accident he was unable to return to work for 9 weeks.

The company admitted being in breach of the Health and Safety at Work Act 1974 as they did not have a clear health and safety policy statement.  They were also in breach of the Manual Handling Operations Regulations 1992.

COMMENT:-

Since the accident Lincat Ltd has changed its working practices, but this was too late to save Mr Cinavas from suffering an avoidable injury.  Laws regarding lifting weights have been in place for many years, but failure to comply means that employers are still putting their staff at risk of injury.

Lincat Ltd could have prevented this work accident by providing simple lifting equipment.  If they had done so, they would have avoided the fine and legal costs.  However, Mr Cinavas has strong grounds for pursuing a claim for personal injury compensation against the company, and which could increase their financial exposure by £1000s.

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered any form of accident at work 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 - October 2008.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury firm Hinchliffes Solicitors considers “LIFTING AND MANUAL HANDLING TASKS”.

Many truckers suffer with back pain caused by various factors, including the requirement to lift objects and perform general manual handling tasks.  The term “manual handling” is used to describe a wide variety of jobs, including lifting, lowering, pushing, pulling, carrying, moving and holding or restraining an object, animal or person.  It also covers activities that require the use of force, for example pulling a lever or operating power tools.

HSE records suggest that over 30% of all work accidents involve manual handling issues, with an estimated 300,000 people each year suffering the agonies of back pain.

Although back injuries are common in this type of accident, they can also cause severe limb problems affecting muscles and tendons.  Also, heart conditions may arise owing to the nature of the injuries suffered and the length of time they take to heal, and which can have a profound effect on longer term health.

In the UK there are strict laws to ensure that action is taken to prevent this type of accident from occurring, and all employers should have a written safety policy.

Under The Health & Safety at Work Act 1974 employers must provide a safe and healthy working environment, including:-

• - the provision of safe equipment, which is regularly checked and maintained

• - the establishment and enforcement of safe systems of work

• - the provision of all necessary information, training and supervision

• - ensuring workers are safe when required to use, store and transport loads and hazardous substances

Employers should recognise when a problem exists and assess the potential risk to workers and the business as a whole.  A solution to the problem should be established and appropriate training given, eg in a safer system of work.

However, employees also have a duty to report situations where they feel their work might put them or others at risk of injury, and must follow set systems of work and undergo all necessary training.  It goes without saying that they are not to damage or disable equipment, or to work in a manner that they know to be dangerous.

Under the Manual Handling Operations Regulations 1992 (revised 1998 and updated in 2004) employers are required, so far as reasonably practical, to avoid the need for employees to undertake manual handling tasks.   However, if it is impossible to avoid such tasks there is a requirement to assess the risk involved with each task, and to take all appropriate steps to reduce that risk to the lowest level reasonably achievable.

The Lifting Operations and Lifting Equipment Regulations 1998 include provisions relating to the use of hoists and slings.  This requires employers to ensure that the equipment provided is of sufficient strength and stability for the tasks undertaken.  The equipment should also be clearly marked with details of maximum loads.  Any equipment that could potentially be misused to lift people (eg on the forks of a forklift truck) must be clearly marked “Do not use to lift people”.  Also, the equipment should be checked every 6 months and only used by trained personnel.

If manual handling accidents occur and the employer is found to be in breach of their responsibilities, a successful claim for personal injury compensation usually follows.  The injuries sustained in such accidents can have a profound effect, not only on the worker’s health, but also in financial terms especially if they are away from work and lose income as a result.

QUESTIONS & ANSWERS

I have worked for a stationery company for 3 years, delivering orders and carrying heavy boxes from the back of the van to the customer’s office.  I have never had lifting training and have not been given a sack truck.  I have problems with my back and my doctor says this is because of my work.  I need an operation, but cannot afford to take the time off work.  What can I do?

It appears your employer has either failed to carry out a risk assessment of the tasks you are required to do, or has not ensured any safety measures have been put in place and followed.  At the very least, you should have had training on how to lift safely and been provided with appropriate equipment to assist with deliveries.  You probably have a good claim for compensation against your employer, and which could include lost wages for the time you are off work because of the operation.

I am a delivery driver and occasionally have to help out in the warehouse.  The company takes health and safety matters seriously, but the warehouse supervisor does not always follow procedures.  Sometimes when I have problems getting items from higher shelves, he lifts me up on FLT forks.  Although I go along with this to get the job done, if I was to have an accident and make a claim could the company say it was my own fault and that they do not need to pay up?

If you were to be injured in an accident (eg if you fell from the forks) you would still be able to make a claim as you were taking orders from your supervisor.  However, your compensation would probably be reduced because you knew what was happening was dangerous and against company policy.  You are clearly being put at risk and should refuse to do this again.  If your supervisor objects, you ought to report the matter to a more senior person.

ENDS

(Other Personal Injury FAQs)

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered any form of accident or contracted an industrial disease 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 - September 2008.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury firm Hinchliffes Solicitors provides details of “FINANCIAL LOSSES THAT CAN BE CLAIMED, INCLUDING PAST AND FUTURE LOSS OF INCOME”.

If you have been injured in an accident that was not your fault, or you have contracted a qualifying industrial disease, you may well be in a position to make a personal injury claim, to include compensation not only for your injuries or medical condition (known as General Damages), but also for any financial losses or expenditure directly related to the accident or disease (known as Special Damages).

GENERAL DAMAGES

This is to compensate you for your pain, suffering and loss of amenity.  This area was considered in more detail in the Accident Spot article published in Truckstop News in December 2007, which can be viewed on the “News” page (”Published Articles” section) of my firm’s website - www.hinchliffes.co.uk/news.

SPECIAL DAMAGES

This is to reimburse you for any financial losses or expenditure you have had to incur as a direct result of the accident, the aim being to put you back in the position you would otherwise have been in had the accident not occurred.

There are various categories of special damages that can be claimed, and those most commonly included are as follows.

Loss of Earnings

Including wages you have already lost and, if appropriate, income that you might have received in the future, but will not now do so because of the accident.

Calculating the sum already lost is usually done by working out your average pay for the 13 weeks prior to the accident, and comparing this to your earnings following the accident (up to the point when you were able to return to normal duties) and the difference is claimed.  Many truckers are not paid while off work, often causing severe financial difficulties.  For many of my clients, this is what prompted them to contact my firm.

Anticipated future loss of earnings are more difficult to calculate, and may involve assessing pay increases, promotion prospects and other benefits (eg pension contributions) that might have been enjoyed had the accident not happened.  However, this head of claim is usually only necessary if the injuries are severe and you are not able to carry on with the same job.

Travelling Expenses

The cost of journeys that you or close relatives have to make because of the accident can mount up, especially when taking into account all visits to the GP and hospital.  You can claim either the fare paid on each occasion (eg for bus, train or taxi) or at a rate per mile, plus parking fees.

Medical and Care Expenses

Payments for prescriptions or pain killers can add up to quite a sum and can be included.

Also, if you require physiotherapy or similar treatment and this is obtained privately, you can claim the fees.  However, it may be possible to explore whether your opponent’s insurers are willing to arrange and pay for this treatment, to enable you to return to work.

If family and friends have helped you during your recovery period (eg with cooking, domestic cleaning, personal hygiene) you can claim an hourly rate for the time they have spent.  In severe cases they may have had to take time off work to be with you, and their lost earnings can also be claimed.

Other Expenses or Items of Specific Loss

Any other expenses you have incurred as a direct result of the accident can be claimed.  These can include vehicle repair or storage costs, policy excess, telephone and postal costs in contacting people involved in the claim, fees paid to others to deal with gardening or DIY jobs that you would otherwise have done.

Also, if your possessions have either been lost or damaged in the accident you can claim for their replacement or repair.

Although you can include all the above items in your claim, it is not usually possible to recover everything claimed, particularly in respect of care expenses.  The insurers will want to see some supporting evidence before they will consider certain items.

QUESTIONS & ANSWERS

I was off work for 2 weeks when I broke my finger following a fall at a customer’s yard on a broken slab.  My boss paid my basic wages, but I lost £350 in overtime and bonuses.  Can I recover this?

There is a good chance that a claim against the customer will be successful as their premises appear to be defective.  You would be entitled to claim compensation for your broken finger (perhaps around £2,000), plus your financial losses, which would include the overtime and bonuses.  You might even be able to recover the wages paid by your employer so you can reimburse him.

I am 63 and was due to retire at 65.  However, I am on long term sick and do not think I will be fit to work again.  I had a lifting accident at work a year ago and have wondered about making a claim.  I assume I can claim for the wages I have lost, but what about the wages I would have earned if I had worked until I was 65?

Assuming your prospects of succeeding in an accident compensation claim are good, you can seek all your past lost wages and also your future wages to your 65^th birthday with a slight reduction for getting them paid all at once.  However, you only have 3 years from the date of the accident to start Court proceedings or you will be unable to proceed, so I suggest you take legal advice soon.

I have not been able to work for many years due to ill health and have to use a wheelchair.  A while ago I was a passenger in a car when it collided with a lorry, and I suffered a broken leg.  Since then my brother and his wife have had to move in to look after me, as I cannot do anything for myself until my leg gets better.  I do not have much money, but would like to reward them for their generous help, but am not sure how I can.  Can you advise me.

Being a passenger in a road accident means that you have a very strong claim for compensation against the party that caused the accident, which would be paid by their insurers.  For an uncomplicated broken leg you could claim compensation of around £4,500, plus your financial losses.  You can include the time spent by your relatives in looking after you, which is recoverable at a rate of around £6 per hour.  Therefore 100 hours spent could amount to £600, and you can use this part of your compensation to repay their kindness.

ENDS

(Other Personal Injury FAQs)

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered any form of accident or contracted an industrial disease 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.

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.

The Health and Safety Executive’s figures indicate that the annual number of deaths from mesothelioma has increased from 153 to 2,037 during the 37 year period 1968 - 2005.  Those most at risk of contracting the condition include metal plate workers (including shipyard workers), vehicle body builders (including for rail vehicles), plumbers, gas fitters, carpenters and electricians.

Current projections suggest that in the UK during the 5 year period 2011 - 2015, the annual death rate could peak at around 2,450.

COMMENT:-

Under current legislation, claims for injury compensation can be made by sufferers (or their bereaved families) against companies who exposed their workers to asbestos, whether or not they are still trading.  If the company no longer exists, but their former insurers can be identified, claims can be pursued directly against those insurers.

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered any form of accident at work or have contracted an industrial disease or illness, 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.