Category Archives
Accidents At Work
TUC Accuses Government Of Brainwashing Over “Compensation Culture” Claims
The Trades Union Congress, or TUC, has said that the government is guilty of brainwashing the country into believing that there is a compensation culture and attempting to vilify those that have a legitimate cause to claim compensation for their workplace injuries. The TUC has said that the government, backed by Prime Minister David Cameron, is making this move in order to be able to reduce or remove the health and safety laws that are currently in place to protect workers.
The whole personal injury process has come under extensive changes in recent months as the government has attempts to reduce the amount of funding it receives while similarly reducing the amount of bureaucracy and red tape that is met by employers. These reforms have already been criticised by many organisations, individuals, and even the government’s own lawyers. This isn’t the only area in which the government shakeup is proving unsuccessful either.
The Health and Safety Executive, the HSE, has also released plans to change health and safety laws. These changes would mean that fewer near misses would have to be reported while there would be considerably fewer illnesses and injuries listed for companies that do need to submit a report. The HSE believes that this will cut the cost to businesses by millions of pounds a year but some of the proposed changes have been hit by criticism. The proposals are set to come into force in October 2013 but do not yet have parliamentary approval, which would be required.
Hazards, with the backing of the TUC, conducted a study and published a report on the success rate of work related injury claimants. The figures show that the success rate of such claims has plummeted 60% in the past decade.
TUC General Secretary Frances O’Grady said that “the government is trying to brainwash people into thinking the UK has a rife compensation culture” and he went on to say that the likely outcome of the changes would mean a “much higher rate of accidents, injuries and illnesses in the future”.
Maintaining Healthy Work Life Balance Can Reduce Work Related Illnesses
Occupation health expert Dr Paul Fletcher has said that one of the keys to ensuring that an employee remains happy while at work is to maintain a positive work life balance. He also went on to say that ensuring a person remains happy and healthy while at work is not just down to the employer, although they obviously have a role to play in ensuring that employees are not at increased risk of illness or injuries.
Industrial illnesses and work related injuries cost British business billions of pounds every single year. In fact, figures from the HSE reveal that they are costing more than £13bn a year and this excludes figures for those that suffer from work induced cancer.
The most common form of work related illness is that of work related stress. 40% of work related illnesses are stress and the related problems that go hand in hand with elevated stress levels. Stress really can prove a killer and when somebody becomes stressed they are more prone to illnesses and other diseases which can further increase the healthcare cost as well as the total man hours lost to work related illnesses.
Dr Fletcher of IMASS says that while it is important that employers provide a healthy and safe environment for people to work in, it is important that employees take on some of the responsibility themselves. “You know your body and state of mind best” and he went on to say that the best approach is to “share your medical conditions with your employer – if you keep them in the dark, they can’t help you.”
The average person spends a lot of their waking hours in the workplace and this not only means that the workplace itself should be kept safe and healthy but it also means that people should be more inclined to look after their own health while in the workplace. However, it doesn’t always work out this way.
For those employees that do fall ill or suffer a workplace accident it is possible to claim compensation from an employer if negligence can be proven on their part.
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.
Health And Safety Executive To Make Accident Reporting Easier
The Health and Safety Executive has announced a number of proposed changes to the way that accidents at work are reported. They say that the changes will save businesses £5.9m over the next 10 years and make it easier for organisations to report accidents, cutting red tape, but critics are concerned that some of the changes may lead to reduced health and safety in the workplace. One of the changes would see a reduction in the requirement to report near misses.
Figures released by the Health and Safety Executive (HSE) show that 1.1 million people were suffering from a work related illness in 2011/2012 and that there were 172 fatalities recorded during this period. They also estimate that workplace injuries and ill health cost society £13.4bn.
Health and Safety laws are often derided by many. When filing a report, a business currently has to choose between a selection of 47 different workplace illnesses – under the proposed changes this figure would be reduced to eight industrial illness categories and a shorter list of major injuries to select from.
Furthermore, the changes would also mean that fewer types of near misses, or dangerous occurrence would actually need reporting.
The HSE has said that the proposed changes would lead to considerably less paperwork and red tape on the part of businesses and health and safety representatives. They say that the cuts would save businesses £5.9m over the next ten years but, while the changes are broadly supported, there are critics that believe they should be approached with a degree of caution.
Paul Kimpton, the Building Safety Group managing director, has said that the changes are broadly welcomed but that the HSE should be cautious over making the changes. In particular he highlighted the reduction in reporting near misses saying that they are a valuable source of information and a means of reducing the risk of injuries and industrial illnesses in the future.
The new changes have yet to receive parliamentary approval but are set to go ahead in October 2013 if approval is granted. Changes may be witnessed before the final regulations are agreed and implemented.
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.
27 Million Working Days Lost Per Annum To Illnesses And Accidents At Work
Workplace accidents and illnesses are not only damaging and dangerous to the employees that suffer them but also cost considerable money to businesses and organisations. It is in the interest of an employer to ensure that they follow health and safety legislation, provide training, offer protective equipment, and ensure that machinery and other items are well maintained and looked after.
According to the most recent figures from the Health and Safety Executive, during the 2012/2013 year there were 148 fatal injuries amounting to 1 death for every 200,000 workers. In these cases, it is possible for family members to claim compensation payments from the former employer on behalf of the deceased. This is down from 172 deaths during the 2011/2012 year.
During 2011/2012 there were 591,000 people that suffered a workplace injury and 212,000 of these led to an absence of three or more days while 156,000 injuries led to seven or more days off work. 114,000 were considered to be major injuries.
While 148 deaths were caused by accidents at work, it is estimated that 12,000 deaths each year are caused by work related illnesses, also referred to as industrial illnesses. Furthermore 1.1 million people suffered or were suffering from some work related illness during the 2011/2012 year and 452,000 of these were new cases that had not been reported the previous year.
Common work related illnesses include musculoskeletal disorders, stress, depression, anxiety, skin disease, respiratory disease, and vibration related disorders. Any employee that suffers from these types of work related illness may have a right to seek compensation from their former employers because they have not provided adequate training or ensured that employees are kept safe during their time at work.
Overall, during 2011/2012, 27 million working days were lost due to illnesses and work related accidents. This equated to a total financial loss of £13.4bn, figures that exclude cases of work related cancer. While fatalities appear to be decreasing there are still an alarming number of accidents and injuries, as well as assaults, that take place on employees while they are in the workplace.
Legal Aid Changes Make It More Difficult For Injured Works To Claim Compensation
Changes to the Legal Aid system mean that it is no longer possible to receive Legal Aid funding for personal injury cases and this means that if you suffer an industrial illness or work related injury then you will not be able to receive Legal Aid assistance to pay for court costs or legal fees. The changes have come under considerable scrutiny from many quarters and for various reasons – while the changes are supposed to cut down on the number of fraudulent and false claims, they may also prevent genuine claims from being filed.
Legal Aid has been cut for many types of court case, including personal injury cases. If a case is successful then the winning claimant should have most of the costs paid for by the losing party. However, they will not pay solicitor fees and this leaves considerable doubt in the minds of many injured parties.
Solicitors offering a no-win-no-fee service offer obvious appeal in these instances. The solicitor will take a success fee if they win the case but losing the case still means that there may be considerable financial penalties. It may be necessary to pay for the legal costs of the successful party and these can mount up quickly.
There are a variety of payment options and formats that are usually made available to the claimant. Solicitors may charge per hour or offer a no win no fee service. They should also provide some kind of indication regarding the likelihood of success so that the claimant can determine whether it is worth progressing. However, this doesn’t alter the fact that many people with a genuine case to claim compensation from employers will be forced to reconsider for fear of losing money on a lost case.
Workplace accidents and injuries can prove devastating. They can lead to considerable time off work as well as requiring considerable medical treatment. This is what compensation is meant to cover but the fear of not being able to afford legal costs means that many people will be forced to forego necessary treatment and they may return to work too early and exacerbate their illness or injury.
Types Of Medical Negligence Claim More Varied Than Most Think
Medical negligence claims are on the rise and there are many more people coming forward than ever before with horror stories and worrying tales of how they have been misdiagnosed or given incorrect treatment by their doctors. However, these are just two forms of medical negligence. Other cases where patients could potentially have a case to claim compensation from healthcare providers and healthcare institutions include the prescribing of incorrect medication and even incidents where patients become addicted to prescription drugs.
Prescription drugs do typically come with side effects. Certain drugs, such as codeine based painkillers are highly addictive and guidelines and limits are set so that patients are less likely to become addicted to the drug. Where it can be proven that a doctor or other healthcare provider continued to prescribe addictive drugs, leading to addiction on the part of the patient, it may also be possible to claim compensation.
One campaigner, Barry Haslam, has taken his fight against prescription addiction to Westminster and a meeting with the shadow health secretary Andy Burnham. My Haslam himself was addicted to prescription drugs and, having beaten the problem, he has campaigned to ensure that others are not able to fall so easily into the same trap.
Injuries resulting from botches procedures will usually carry the possibility of compensation. Unfortunately, incidents such as the removal of the wrong limb or incorrect organ do happen. Thankfully, these incidents are the exception rather than the rule but if they do occur then compensation will usually be awarded according to the type and severity of injury or illness caused, the cost of care over the rest of the victim’s life, and the total amount of earnings that the victim will suffer.
Patients that feel they have suffered at the hands of medical negligence are able to make a claim against the healthcare provider or institution that failed them. It is necessary to prove negligence and loss in order for the claim to be ultimately successful. It is also important to enlist the help of a professional and experienced medical negligence solicitor in order to have the greatest chance of winning a compensation claim.
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.
Minimum Staffing Levels Rejected By Jeremy Hunt
A review of hospitals and the care they provide has concluded that hospital wards should have a minimum staffing level to ensure patient safety. The report echoes many of the findings of a public inquiry that was launched and released following failings at the Mid Staffordshire hospital. However, while ministers are expected to agree with the overall sentiment and findings of the report, they have been expected to delay on responding to specific recommendations.
A number of scandals have rocked the NHS in recent months and years. One of the most recent of these led to Prime Minister David Cameron ordering a review of patient safety within the Mid Staffordshire NHS. Patients were found to have been lying in their own faeces and some had to drink water from flower vases because they did not receive drinks from NHS staff. The findings offered nearly 300 recommendations to help improve the quality of the NHS and the patient safety that was afforded. Many of those recommendations have so far been resisted.
However, resistance may prove more difficult for the government and the Prime Minister following a review by Prof Don Berwick. His own findings mirror many of those in the public inquiry and he advised wards have minimum staffing levels and that nurses should be allocated fewer patients. A study found that, in some hospitals, nurses were expected to provide care for up to 15 patients at a time and that the ward relied more heavily on unqualified staff.
One powerful opponent of the proposals is Health Secretary Jeremy Hunt. He has said that he will oppose minimum staffing levels saying that such matters should be determined on a hospital and ward-by-ward basis rather than dictating that every ward should have a set amount of nurses and employees.
Concerns have also been raised over a statutory duty of candour. This would mean that staff who did not report mistakes or negligence may face criminal prosecution but there is worry that this move would create a culture of fear. Mr Hunt said that it is important to tap into the dedicated NHS staff without alienating them.
HSE Fines Vauxhall Over Workplace Death
Car manufacturing company Vauxhall has been fined £150,000 by the Health and Safety Executive (HSE) for an accident at work that led to the death of an employee. The accident, which occurred in 2010, saw electrician Ian Heard die as he was crushed by a piece of machinery. The HSE carried out a full investigation due the nature and severity of the injuries. The investigation found that employees were able to enter a dangerous part of machinery while stuck, and it was this that ultimately led to the death of Mr Heard.
It is the responsibility of all employers to ensure that employees and visitors to their site are safe and free from hazards. Where accidents at work are found to be due to the negligence of an employer, it is possible for the employer, or their family, to make a claim for compensation against the employer. Typically, the Health and Safety Executive will not be involved in judging cases or investigating what happened but they do become involved where accidents are considered serious.
With a death at work, it is possible for the victim’s family to make a claim against the employer. Losing a loved one is not only emotionally difficult for the family but can place a major financial strain on those that are left behind. Compensation for accidents at work will usually include some value for loss of earnings and a similar inclusion will normally be found in a death at work claim too. However, the HSE fine for Vauxhall was separate to this compensation.
A court case began in July, when Vauxhall was charged with failing to ensure the safety of employees and failing to ensure that employees could not access dangerous parts of machinery. The company pleaded guilty on both counts and the hearing was completed this week with Vauxhall being handed the fine by the HSE.
Pirelli have also been investigated by the HSE for similar problems. A 57 year old employee from Carlisle was working on a machine that inflated and checked the pressure of tyres when the machine jammed. The employee set the machine to manual, fixed the problem, and then returned to automatic operation. Unfortunately, after completing two more tyres, the machine jammed again. Without thinking, the worker attempted to free the jam without setting the machine to manual and once the jam was rectified, the machine began operating, trapping his arm and seriously damaging his shoulder in the process.
Pirelli Tyres received a £20,000 fine and more than £4,000 in prosecution costs. They too pleaded guilty to the case as the HSE found that the company did not complete a risk assessment or ensure that adequate safety procedures were in place.
Accidents at work can leave employees with serious injuries and unable to work. A compensation package can include the money that is needed to attend medical appointments, seek the rehabilitation and care that is required, and cover a loss of earnings. Call StocksLegal.co.uk today on 0800 988 9055 if you have been involved in an accident at work of if you have suffered the loss of a loved one through a workplace accident.
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.
HSE Begins Crackdown To Reduce And Prevent Accidents At Work In Construction Industry
The Health and Safety Executive (HSE) has begun a month long crackdown on construction companies that it believes have the highest risk of accidents at work. The move will see the HSE perform unannounced spot checks on construction companies dealing with refurbishment projects and repairs. They will be concentrating on safety regarding working at height and exposure to potentially harmful materials while checking toilets and other basic welfare facilities. The HSE has said that they will discuss preventative measures with employers and will not hesitate in taking robust action in cases where they find employees are being put under unnecessary risk.
The construction industry has the highest risk of accidents at work and while there are obviously some risks naturally associated with working on a construction site, it is still the responsibility of employers to ensure that employees and site visitors remain safe and healthy. As well as accidents at work, construction employees may be put in danger through exposure to dangerous materials like asbestos, and chemicals. If an employer is found to be negligent they not only face the possibility of fines and even closure, but employees that are adversely affected could claim compensation.
The HSE is responsible for ensuring that companies provide these safe working conditions and they conduct regular checks and investigations where they believe that suitable and effective measures are not being met. In recent months they have taken steps to help ensure that people are not put in danger when working at height, and also that others are not put in danger by people that are working in these conditions.
Working at height has a number of obvious dangers. As well as the danger of falling and the serious injuries that may follow, there is also the danger of falling objects. It isn’t just employees that are put at risk when something falls but anybody underneath can potentially be hurt or injured. According to recent figures, the number of people hurt falling from height or hurt in injuries involving items falling from height is still on the increase.
The HSE estimates that around 70,000 employees from within the construction industry are currently suffering from an illness or an injury caused by an accident at work. Furthermore, construction workers are four times more likely to die as a result of an accident at work compared to the average worker. While the number of fatalities has dropped in recent years, the HSE believes more can still be done and they are conducting unannounced checks to ensure everything possible is being done to protect construction employees.
Accidents at work can leave victims footing large medical and care bills, while missing out on earnings. It is possible for these victims to submit compensation claims against their employers, where negligence can be proven. For advice or to instruct a professional and experienced personal injury solicitor, call StocksLegal.co.uk on 0800 988 9055 to discuss your injuries and to determine whether you have a case to claim.
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.
