PERSONAL INJURY COMPENSATION NEWS

Research has shown that people who suffer with head, neck and back pain can sometimes trace the source of the problem to a damaged jaw.  When the jaw joint is subjected to trauma as a result of a blow to the face, a heavy fall or a road accident, damage can occur.  The jaw is in constant use and it is therefore very difficult for the body to heal it, and as a result there is often pain and wearing down of teeth.  Also, many people consider clicking or popping of the jaw joint to be normal or unimportant, but it is sometimes an indication that a problem exists.

During their recovery process, victims of a whiplash injury will often be referred to a physiotherapist for treatment.  An undiagnosed jaw condition will hinder their recovery and could affect the way the jaw functions, and also muscle activity of the head, neck and upper back.

New research by Help the Aged claims that local councils are setting aside at least £16 million to cover accident compensation claims where pavement falls cause injuries.

The research suggests that some councils who fear the consequences of legal action are actually setting aside more funds to deal with potential claims than they make available to deal with pavement repairs, even though they have a legal duty to keep safe the areas that the public have access to.

For those aged 75 plus a fall could be fatal.  However, even though the effects of a fall on their physical and mental health might be devastating, that age group is less likely to seek compensation than younger people.

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:-

The Government has announced that there will be a research based review of “No Win No Fee” agreements in England and Wales.

The study will be undertaken by senior academics, and will consider whether this type of arrangement is still operating in the public’s best interests and providing access to justice.  Almost every personal injury claim will be affected.

Justice Minister, Bridget Prentice, said “No win - no fee arrangements are vital in helping to give the public a voice in courts.  We feel that now is the appropriate time for a comprehensive, objective and evidence based examination of the operation of no win - no fee arrangements in relation to personal injury, employment and defamation cases.”

Statistics indicate that in the UK between 2000 and 2005 there were 3,637 road accidents resulting from oil or diesel spills.  Of these, 617 resulted in either death or serious injury.

Deposits of oil or diesel on the road leave the surface as slippery as if black ice had formed, with a potentially catastrophic effect on unsuspecting road users.  In the long term, diesel will melt the tarmac surface, which can result in the creation of potholes.  Most spills are from trucks and lorries. 

If a road accident results from such a spill and someone is injured, even though the person responsible for the spill is unlikely to be identified, claims for injury compensation can still be made against the Motor Insurers Bureau (MIB).  That body acts on behalf of the insurance industry and steps in to compensate people injured in road accidents where the responsible party is either uninsured or untraced.

The Court of Appeal have decided that when a player suffers an injury as a result of an “assault” by another player during the game, sports clubs may now have to pay injury compensation to the victim of the “assault”.

The decision involved a match between teams playing for Redruth Rugby Football Club and Halifax Rugby Football Club that took place in 2005.  During the match one of the Redruth players thumped a Halifax team member, Andrew Gravil, and he sustained injuries to his eye socket.

At the original trial of the personal injury claim, the Court made a distinction between full-time and semi-professional players.  However, the Court of Appeal found that it was fair and just for clubs to be held responsible in this situation whether or not the participants in the match were employed by the clubs on a full-time or part-time basis.

A woman from Leeds whose sofa was manufactured in the UK and distributed by Homebase claims that it was defective, resulting in her infant son suffering injury.

Her claim is based on her son suffering severe burns approximately 1 hour after being laid on the leather sofa.  He had to remain bandaged for 3 months with a weeping rash, and his mother was unable to return to work at the end of her maternity leave, because of the amount of care he required.

Homebase have apologised for the distress caused and offered a refund, but have indicated that they have not received any other complaints concerning this particular type of sofa.

Currently, there are 1000s of people pursuing injury compensation claims in respect of defective sofas that were manufactured in China and sold under the names “Pia” and “Bari”, which caused burns and skin irritations.  Investigations in these cases suggest that any burns may have been caused by fungicide sachets that were inside the sofas and which were to protect against mould during transit and storage.

Chiltern Flowers, a florist at Marylebone Station in Central London, was ordered by the Court to pay accident compensation to a commuter following his claims that the company was negligent after he slipped on flower petals and fell onto his right hand and then his right knee, resulting in injury.  The decision was appealed by the company, but the appeal was lost.

The original decision was made by the High Court last July.  The company was found to be negligent in failing to have a reasonably effective and safe system for dealing with the potential slipping hazard caused by fallen petals.

As a result of the decision being upheld on appeal, the company will have to pay injury compensation to the injured commuter, Mr Brian Piccolo; however the amount of personal injury compensation to be paid has not yet been assessed.

A recent study has discovered that two out of three employees suffer from work related repetitive strain injury (RSI).  This is thought to have cost employers more than £300m in lost working hours as well as leaving them wide open to work related personal injury compensation claims.

Computer giant Microsoft commissioned the research, which discovered that 68% of respondents were suffering or had suffered from back, wrist, hand or shoulder pain, all of which are key symptoms of repetitive strain injury.

Over the past 12 months cases have soared by 30%, with employers increasingly worried about additional overhead costs of temporary staff, lost man hours and injury compensation claims.

The Ministry of Justice has announced that a consultation on the Law Lords’ pleural plaques ruling begins this month and is expected to reach a decision in time for the Queen’s speech in November.

The consultation will consider options including restoring the right to injury compensation for pleural plaques which was removed by a decision of the House of Lords in 2007.

Pleural plaques rarely cause physical symptoms but they are a sign of asbestos damage and are associated with an increased risk of developing fatal conditions like mesothelioma.  Simply having knowledge of the condition often causes sufferers to become anxious or even clinically depressed.