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Access To Justice
New Mesothelioma Testing Brings Hope To Accident At Work Victims
Researchers in Sweden believe they have created a new form of diagnostic testing that will help identify the potentially fatal cancer Mesothelioma much earlier than is currently possible. The disease, which is caused by exposure to asbestos, has one of the highest fatality rates of any cancer because it is often not diagnosed until it is too late. Asbestos was a widely used building material throughout the 20th century and the cause of many workplace illnesses or accidents at work.
Mesothelioma is a rare form of cancer that is most commonly found in patients that have endured long term exposure to asbestos material. The fibres of the material are inhaled and cancer forms within the mesothelium, which is a lining that covers many of the organs in the body. Most commonly, mesothelioma is found in the lining of the lungs and the chest wall although it may also be discovered in the lining of the abdominal cavity, the heart, and the testes.
Asbestos was widely used throughout the 20th century as a building material because it was inexpensive and easy to work with. Even following concerns and scientific findings that pointed to the potential dangers of the material its use continued. Builders and other contractors that came into regular contact with the fibres from the asbestos are those that are at the highest risk of developing mesothelioma. Mesothelioma has become one of the biggest and most significant cases of compensation claims related to illnesses and accidents at work, and cases continue to be brought even today.
Cancer researchers from Sweden tested 565 cases, specifically looking for two of seven biochemical markers. They found the results to not only be highly accurate but to provide a means of identifying mesothelioma in patients sooner and more accurately than using other testing methods. The findings of the study have been published in the PLoS One online journal and they bring hope that the high fatality rate associated with mesothelioma can be reduced.
Employers have a legal obligation to ensure that their employees are provided with a safe working environment. Where employer negligence leads to illnesses and accidents at work, it is possible for the victim to submit a claim for compensation. The amount of compensation awarded to victims does vary, but is typically determined by the type and extent of the injuries or illness that the person suffered. The widespread extent of mesothelioma and the significant damage that it causes patients has seen many millions of pounds in compensation paid to victims of this fatal cancer.
Employees and former employees that believe they were exposed to asbestos can submit compensation claims against their former employers. Where the employer has gone out of business or no longer exists, it is still possible to claim compensation through a government scheme set up for this very purpose. If you, or a relative, have suffered from mesothelioma or any other type of illness or accident at work contact StocksLegal.co.uk on 0800 988 9055 to discuss your options.
MAKING A CLAIM
Making a claim for your personal injuries with Stocks Legal is really easy. You can speak to an experienced personal injury solicitor today by calling 0800 988 9055 or you can use our online claim enquiry form by clicking here. There is no obligation and you have nothing to lose by speaking to us.
ABOUT THE AUTHOR
Mike Topper is the litigation manager at Stocks Legal Personal Injury Solicitors. Mike is highly experienced in all types of personal injury cases. He is highly focussed on client care and getting the maximum compensation that is available for his clients and their families. He rightly sees personal injury claims as a real must for the English legal System as without a proper compensation structure, many injury people can be left with no support or ongoing medical treatment.
If you have any questions arising from this article to can contact Mike by calling 0800 988 9055 or by sending him an email by clicking here.
Claiming For Accidents At Work
Unfortunately, accidents at work, are more commonplace than many people think. Whenever we are at work, our employers have a legal obligation to ensure that we are as free from hazard and potential danger as possible. This means that they must provide a safe place to work but it also means that they should offer training, safety equipment, and other essential items to be absolutely sure that we are not put under increased or additional risk. Employees that suffer an accident at work that was not their fault may have the right to claim compensation from their employer.
Cases Of Negligence
There are many types of illness or accident at work. Slips and trips can be quite common, while working at height poses serious risks. Illness or injury caused by harmful materials, and injury caused by machinery and equipment are also possible risks. Even injuries caused by performing a repetitive task over a long period of time may give light to a potential compensation claim if it can be proven that an employer did not take reasonable steps to ensure the safety of their workers.
First Steps
The first step following an accident at work should always be to ensure your safety and prevent any further injury. If you are able, you should record the accident in the workplace accident book or ensure that a health and safety representative does this for you. Also consider asking any witnesses to the accident for their details and always seek medical assistance, even if you feel OK. Following this, you should contact a solicitor law firm that specialises in personal injury cases.
Compensation Figures
The total amount that a claimant receives in compensation will vary according to the type of injury or illness and its extent. Serious injuries that will have a debilitating effect for many years will typically carry the largest compensation payments while minor injuries will be smaller. Costs, such as medical and prescription charges, as well as a calculation of loss of earnings will also be included in the figure.
Change In Condition
It is possible to have a compensation payment looked at once again, if a condition worsens or unexpectedly improves. For example, if compensation is awarded based on a predicted 12 month layoff but there are complications and the injury sustained lasts for two years it may be possible to have this change in condition looked at and a further payment made. It is important that the claimant contacts their solicitor as soon as they are made aware of or suffer any changes in condition.
Using A Specialist Industrial Accident Solicitor
It is possible to submit an accident at work claim without the need to use a solicitor. However, it has been shown that instructing a specialist personal injury firm with experience in dealing with accidents at work can help ensure that the victim receives a more realistic and larger compensation figure. Email us for for more information on accidents at work by clicking here or call on 0800 988 9055 to discuss your accident and determine whether you have a case to claim compensation.
MAKING A CLAIM
Making a claim for your personal injuries with Stocks Legal is really easy. You can speak to an experienced personal injury solicitor today by calling 0800 988 9055 or you can use our online claim enquiry form by clicking here. There is no obligation and you have nothing to lose by speaking to us.
ABOUT THE AUTHOR
Mike Topper is the litigation manager at Stocks Legal Personal Injury Solicitors. Mike is highly experienced in all types of personal injury cases. He is highly focussed on client care and getting the maximum compensation that is available for his clients and their families. He rightly sees personal injury claims as a real must for the English legal System as without a proper compensation structure, many injury people can be left with no support or ongoing medical treatment.
If you have any questions arising from this article to can contact Mike by calling 0800 988 9055 or by sending him an email by clicking here.
Accidents At Work FAQ
Accidents at work can not only lead to serious injury and illness but they can also cause a loss of earnings and carry medical expenses. Victims of industrial accidents that were not at fault for the accident may have the right to claim compensation from their employer, or former employer, and below are answers to a number of questions that are commonly asked of the compensation scheme and the process involved.
Do I Have A Right To Claim Compensation?
Your employer is obliged to ensure that you remain safe and free from harm while you are at work. If it is possible to prove negligence on the part of your employer, whether through poor working conditions or even a lack of training or adequate safety gear, then you could have a strong case for claiming compensation. Every case is different, though, and it is important that you seek legal advice to determine whether you can claim.
How Long Do I Have To Claim?
Your first concern following an accident should be to ensure that you are OK, to report the accident, and to seek medical attention. Ideally, once you have seen a doctor or healthcare professional you should contact a solicitor that specialises in accidents at work. You have three years from the date of the accident to submit a claim so don’t leave it too long.
Will Claiming Affect My Job?
In reality, when you claim compensation from your employer, it is their insurance company that will meet any compensation cost and not your actual employer. You have a right to continue in your employment unaffected by your right to make compensation.
Will I Have To Appear In Court?
The majority of accident at work cases are settled before they reach court. This works out less expensive and less time consuming for all parties, but there are still some instances where the case will proceed to a court hearing. If it does reach court, then you will usually need to attend in order to put forward your side of events and to answer any questions that may be asked of you. Your solicitor will prepare you for this well in advance.
Will I Need A Medical Examination?
You will need to have a medical examination as part of the claims procedure. This examination will be carried out by at least one medical examiner and if you do not submit to the examination then your claim will be rejected.
What If My Employer Is No Longer In Business?
If you have suffered an accident at work and your employer is no longer in business you are still able to make a claim. You may receive compensation from a government run scheme that was set up for such eventualities.
MAKING A CLAIM
Making a claim for your personal injuries with Stocks Legal is really easy. You can speak to an experienced personal injury solicitor today by calling 0800 988 9055 or you can use our online claim enquiry form by clicking here. There is no obligation and you have nothing to lose by speaking to us.
ABOUT THE AUTHOR
Mike Topper is the litigation manager at Stocks Legal Personal Injury Solicitors. Mike is highly experienced in all types of personal injury cases. He is highly focussed on client care and getting the maximum compensation that is available for his clients and their families. He rightly sees personal injury claims as a real must for the English legal System as without a proper compensation structure, many injury people can be left with no support or ongoing medical treatment.
If you have any questions arising from this article to can contact Mike by calling 0800 988 9055 or by sending him an email by clicking here.
Why Victims Of Violent Crime Should Claim Compensation
Victims of violent crime can be left with serious physical and mental injuries that take considerable time to heal. Not only is there the physical injury itself but also the potential for emotional and mental distress caused by the injury. It is important that victims of violent crime are able to claim compensation so that they can enjoy the necessary time to heal and get back to good health.
Compensation is primarily determined by the type and extent of injury that a person suffers. More minor injuries may attract compensation of £1,000 while considerable and serious injuries are more likely to carry compensation payments of tens of thousands of pounds. Multiple injuries may lead to higher payments with the highest usually reserved for serious brain injuries, spinal injuries, and the loss of limbs as well as those that require years to recuperate.
An element of compensation is also awarded according to any loss of earnings that a person suffers. Thankfully, most injuries will usually only require a day or two off work but there are some that may need weeks or months off work. The most severe injuries can leave victims unable to secure and keep a job, therefore eliminating the possibility of earning money again in the future.
The most important step for victims of violent crime is to report the crime to police. When attending court or applying for compensation from the Criminal Injuries Compensation Authority, it will have to be determined that a person has indeed reported the incident otherwise no compensation will usually be awarded.
There are some cases where the victim is unable to claim directly from the offender. For example, if the police have been unable to identify or catch the offender. The Criminal Injuries Compensation Authority is a scheme that calculates and awards compensation to victims that are caught in this situation. Victims will usually receive the majority, although still only a portion, of the compensation that they should be due but there are no court costs to pay. It is possible to claim through the CICA without legal representation but having a solicitor can help ensure that the victim receives a fair and full figure.
MAKING A CLAIM
Making a claim for your personal injuries with Stocks Legal is really easy. You can speak to an experienced personal injury solicitor today by calling 0800 988 9055 or you can use our online claim enquiry form by clicking here. There is no obligation and you have nothing to lose by speaking to us.
ABOUT THE AUTHOR
Mike Topper is the litigation manager at Stocks Legal Personal Injury Solicitors. Mike is highly experienced in all types of personal injury cases. He is highly focussed on client care and getting the maximum compensation that is available for his clients and their families. He rightly sees personal injury claims as a real must for the English legal System as without a proper compensation structure, many injury people can be left with no support or ongoing medical treatment.
If you have any questions arising from this article to can contact Mike by calling 0800 988 9055 or by sending him an email by clicking here.
New Criteria For Criminal Injury Compensation Authority Claims
The Criminal Injury Compensation Authority (CICA) is a government run authority that victims of violent crimes can call upon to award them compensation. The Authority has recently upgraded and changed some of its eligibility criteria in a bid to cut its annual bill but if the victim of a crime is still eligible then they still have the right to submit a claim to the CICA. The scheme is meant as a last resort and a decision regarding payment may be delayed while the victim continues to try and claim from their assailant or even their employer. You can download the new criteria by clicking here.
The crime must be reported to the police by the victim or a friend or family member. If no police report is filed and no investigation undertaken then the CICA will not intervene and any application will be rejected immediately under these circumstances. The CICA does not judge on whether a crime was committed, or by whom, but they may pay compensation to victims that have reported the crime to the police.
There is a two year statute on claims for injuries. This means that the victim has two years to submit their claim following the date of the accident. If the victim is aged under 18 at the time of the incident then they will have two years from the date of their 18th birthday. There are some mitigating circumstances that allow for this period to be extended but this does not include claims that the victim was not aware of the scheme or the two year deadline.
Minor injuries are not covered by the scheme. As such, if the injury portion of the awarded compensation would be less than £1,000 then the claim will be rejected. The CICA says that they are a scheme that is set up to compensate the sufferers of serious injuries. This means that cuts and bruises will not usually be enough to justify a CICA compensation package. Mental and emotional injuries are considered when calculating this figure.
When it comes to loss of earnings, the CICA scheme will not usually pay for the first 28 weeks of time off work. The amount that may be awarded for this element of the crime is also capped. This all means that a victim may not receive the full compensation that they believe they are owed and they may still fall some way short financially once compensation has been awarded.
The behaviour of the victim is considered as part of the CICA scheme. This includes behaviour before, during, and after the incident and the CICA will even look into a person’s criminal record. Those with an unspent criminal conviction will not be considered for the scheme – changes that were introduced in November 2012.
There are critics to some of the changes and eligibility requirements. For example, there are groups that argue even minor injuries can lead to long term emotional and mental damage and so even minor injuries with a compensation value of less than £1,000 should still be considered by the Criminal Injury Compensation Scheme.
MAKING A CLAIM
Making a claim for your personal injuries with Stocks Legal is really easy. You can speak to an experienced personal injury solicitor today by calling 0800 988 9055 or you can use our online claim enquiry form by clicking here. There is no obligation and you have nothing to lose by speaking to us.
ABOUT THE AUTHOR
Mike Topper is the litigation manager at Stocks Legal Personal Injury Solicitors. Mike is highly experienced in all types of personal injury cases. He is highly focussed on client care and getting the maximum compensation that is available for his clients and their families. He rightly sees personal injury claims as a real must for the English legal System as without a proper compensation structure, many injury people can be left with no support or ongoing medical treatment.
If you have any questions arising from this article to can contact Mike by calling 0800 988 9055 or by sending him an email by clicking here.
MDU Paid Out £28m In Meningitis Claims
The MDU has released details showing that they have paid out approximately £28m in four years to settle GP cases involving patients that have suffered or are suffering from meningitis. The report comes following the news that a new vaccine has been withdrawn because there is not enough conclusive evidence on exactly how effective Bexsero is for patients. The total awarded was spread over only 17 cases and the group said that around 70% of cases they receive are discontinued without further action, because GPs are not necessarily found negligent.
There are, in fact, a number of different types or strains of meningitis, including viral and bacterial meningitis. The latter is considered the most severe form with around 1 in 10 sufferers losing their fight against the illness and many being left with long term damage including the loss of limbs or brain damage. Sufferers of viral meningitis may become extremely ill but it is more likely to present as a mild illness.
A vaccine for meningitis B, called Bexsero has been developed but the Joint Committee on Vaccination and Immunisation (JCVI) has ruled that it will not recommend the use of the vaccine. They have said that the cost of the vaccine is too high considering the lack of Conclusive evidence that the vaccine works.
The MDU is a leading medical defence body that represents GPs in cases of medical negligence. They have released figures that show they paid out £28m between 2008 and 2012 to patients with meningitis. They say that GPs will typically only see one or two cases in their working career making it very difficult to diagnose. This payment was made to 17 cases and included a £2.5m payment to a child that was not referred to hospital having presented with symptoms of meningitis.
Where patients have not received the proper level of care or have been given incorrect treatment it is often possible for them to submit medical negligence claims. The size of the claim will vary, typically according to the severity of injuries and illness suffered as a result, loss of earnings, and the amount and cost of care that the patient will require.
Shadow Minister Intimates Possible Climbdown On Jackson Reforms
The Shadow Justice Minister Andy Slaughter has given a huge hint that his party, Labour, would some aspects of the Jackson reforms if they were to regain power at the next general election. He called the decision to make so many changes at once “foolhardy” and the former barrister also said that it was too soon to judge the success, or otherwise, of the civil rights reforms. Once pressed, Slaughter said that his party would unwind some of the changes if they were found to be failing.
On the 1st April there were sweeping changes to the personal injury industry and the way in which consumers are able to make claims and pay for the resulting court cases. In particular, the changes mean that solicitor fees can no longer be claimed from the losing party. Instead, solicitors will claim the money they are owed for their services from the successful party. A 10% increase in claim values was implemented in a bid to cover these costs.
No win no fee cases are commonplace and they enable anybody to be able to pursue a case, even if they do not have the money to cover the cost of legal services. Solicitors are unlikely to take on a case they won’t win because they won’t receive any money and even those with low incomes are able to enjoy access to legal representation to pursue a variety of different cases. It was this area of law that was hit hardest by changes because the winning solicitor would normally reclaim costs from the losing party.
Under the Jackson reforms, claim values were increased by 10% but solicitor costs would be taken out of these fees instead of being recouped from the losing side. Typically, a claimant and their solicitor will now agree what is known as a Damages Based Agreement. This is a percentage of the damages won up to a maximum of 25% that the solicitor will receive from the claimant’s compensation package. This would replace the money that would previously have been collected from the other solicitors.
The reforms have come under fire from many parties, claiming that it meant claimants would be less inclined to pursue action and that where the Damages Based Agreement was higher than 10% it meant that the claimant would receive less compensation than under the old system. However, Andy Slaughter was more critical of the extent and number of changes that were being introduced in a single run rather than the actual details of the changes.
During the Westminster Legal Policy Forum, Mr Slaughter said that it was too early to judge the effectiveness of the changes. He also said that the legal profession was having to deal with an unprecedented avalanche of changes and that he didn’t know how the legal profession, let alone the public could cope with so many reforms. He said that the criticism and changes were a clear indication of why it is important not to hear opinions that are too heavily slanted to one side of the argument, and that consultation should have included members of the Legal Industry.
MPs Told 60% Of Whiplash Claims Are Fraudulent
A group of MPs have been told by Thatcham Research that it is highly unlikely that a person would suffer from whiplash in an impact with a speed below 6mph. They also heard that up to 60% of all whiplash claims are fraudulent and suggested that the UK adopt a system similar to the one which is in use in Germany that dictates accidents at speeds up to 6mph do not result in whiplash cases. The information was heard by the Transport Committee as they look at the Government’s proposals to reduce whiplash claims.
The Ministry of Justice opened a consultation on whiplash in December 2012. A report that they released declared that the UK was the whiplash capital of the world and stated that while motor accidents had dropped by 20% the number of whiplash claims had risen by 60% between the years 2006 and 2012. The report also claimed that 90% of relevant personal injury claims were for whiplash and that insurance companies claim around £90 per year is added to every motor insurance policy as a result.
The reason for the consultation was to bring down the cost of motor insurance which has risen markedly. The press widely reported on the fact that premiums had risen dramatically and that many new and inexperienced drivers simply could not afford to take out insurance policies. However, any changes could have a significant impact on victims and on the personal injury industry as a whole as well. Solicitors, as well as motor insurers, and members of the medical professional were invited to consult.
The Association of British Insurers had only stated that around 7% of incidents were exaggerated or were fraudulent but Andrew Miller, head of research at Thatcham Research, puts the figure considerably higher. According to his research, the figure is anywhere between 10% and 60% although critics of the findings point to the considerable range in figures and state that this 10% to 60% variation brings the validity of the numbers into question.
Also discussed was the likelihood of suffering injury in low speed accidents. Mr Miller and a Dr Donal McNally stated that incidents of whiplash in accidents at speeds of 6mph or lower were highly unlikely and advised that we take on a system similar to that in Germany. In this system, it is possible to question the validity of any claims that are made in cases related to accidents that occurred at speeds of 10kmh or less.
However Dr McNally pointed to findings from Sweden whereby 60,000 black boxes were fitted to vehicles and results from accidents were studied. According to the findings of this study, around 40% of more serious injuries would have fallen into this category and would have been ignored because of the comparatively low speed of the accident. There are many factors that will determine whether injury occurs and while it is more likely that serious injury is sustained at higher speeds, this does not necessarily mean that lower speeds will not also result in injuries.
About The Author
Mike Topper is the litigation manager at Stockslegal.
If you would like any further information about this article please contact Mike by clicking here.
Critics Don’t Believe Mesothelioma Bill Offers Justice
During the Queen’s annual speech, she highlighted the introduction of the Mesthelioma Bill. This bill would provide sufferers of Mesothelioma with a means to gain access to compensation for their illness even in cases where the original employer or their insurer is not known. The Bill offers something similar to the scheme run by the Motor Insurer’s Bureau, which is considered an insurer of last resort, but critics have come out against the bill saying that claimants should receive the full amount of money that they are owed and not 70% as planned.
Mesothelioma is a potentially deadly disease that is contracted by those that have worked with or come into contact with asbestos. This cheap building material was used extensively in the 20th Century and employers continued to use the material even once the dangers were first brought to light. As a result, many individuals have suffered long and debilitating illness and many have died. In some cases it has proven possible to claim compensation but this isn’t always an option.
Any living victim, or relatives of those that have died, can claim compensation for mesothelioma and other asbestos related diseases from their former employer or their insurance company. The total amount of compensation that is typically awarded varies greatly dependent on the level of negligence displayed by the organisation, the extent of the individual’s illness and other factors such as their age. Some victims can expect to receive tens of thousands of pounds if they are successful in their claims.
Problems, however, can arise for those victims that are unable to locate their former employer. It can take 20 years or more for the extent of the illness to become known and, in some cases, it may be as long as 40 years. Many construction businesses and related organisations from the 1980s are no longer in business and this makes it very difficult for a claimant to be able to submit a compensation claim case. This is where the government’s proposed Mesothelioma Bill should pick up the slack and enable all victims to enjoy some means of claiming compensation.
Under the terms of the Bill, claimants will be able to claim compensation even if the employer or insurer is not known or no longer in business. The act means that insurance companies that offer employer’s liability insurance will be charged a new tax and this money will be used to pay victims that have nobody else to claim from. However, the current proposals mean that victims would receive only 70% of the compensation they are actually owed.
Critics point to the fact that an average claim totals £65,000 and that losing 30% of this money would mean that a person loses £19,500 which is obviously a significant sum of money. Supports will point to the fact that £45,500 is better the current zero figure that they are able to claim but if a person is judged to be owed £65,000 in compensation then surely they should receive the full £65,000? That is the question that many want answered.
About The Author
Richard Hartley writes under the soubriquet of “wiredbarrister” and is widely published on the internet.
