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Crackdown on Fake Injury Claims
The Ministry of Justice have announced measures to reduce the amount paid out by insurance companies for fraudulent cases. Courts will be given more powers to throw out cases where claimants have been dishonest.
Other changes include putting a stop to compensation culture by banning firms offering free incentives such as iPads and upfront cash payments. A Ministry of Justice spokeswoman says they intend to ban all inducements such as “welcome payments, free gifts, cash advances and discounted services.”
The reforms are intended to reduce car insurance premiums for honest drivers which are forced to pay higher premiums as a result of fraudulent payouts pushing up costs.
Association of British Insurers director general Otto Thoresen said: “These changes are a very positive development for the vast majority of honest insurance customers who end up paying for the fraud of the minority.”
Currently the courts can pay compensation to individuals even if it is found their injuries have been exaggerated. Under the new rules the courts would be required to block all compensation payouts unless it is determined a serious injustice has taken place.
Justice secretary Chris Grayling says the changes will lead to smaller premiums for drivers and that the changers will be put into legislation before the end of the current parliament in May 2015.
Improved medical examinations will also be introduced to reduce the number of bogus claims. People suffering from whiplash will be required to undergo an examination by an independent professional working for a fixed fee.
The changes are also intended to reduce the compensation culture in workplaces where workers file for compensation for “slips and trips”. Workers won’t be able to receive compensation without evidence of injuries sustained to them.
According to the Association of British Insurers, the number of dishonest insurance claims reach 59,000 in 2013, costing the industry £811 million. In spite of the rise in fraudulent claims, insurance premiums have fell by £100 in the last year which shows how far measures have already gone to tackle insurance fraud.
The Ministry of Justice has been assured that the savings to insurance companies will be passed onto consumers.
US woman receives nearly $15m after bus accident
While personal injury solicitors in the UK are undoubtedly good at winning compensation claims, they’ll have a lot to do if they want to get a settlement even close to one recently agreed in the United States.
A court in California has this week awarded a 20-year-old mother almost $15 million (£8.9 million) after she was hurt when a bus she was travelling on went over a speed bump.
Maria Francisco was bounced off her seat so violently that she damaged her vertebrae. At the time, the bus driver refused to accept that she’d been genuinely injured, but later x-rays in hospitals showed that surgery was required.
The bus was travelling at 30mph, twice the speed limit for the area due to it being a school zone. A video played in court showed Ms Francisco coming off her seat and then landing on her back.
Driver, Dolly Gilmore, did stop the bus, but merely accused Ms Francisco of faking injury before threatening to sue her for wasting her time.
Ms Francisco’s medical bills came to around $1 million and it is estimated that she will need another $2.4 worth of treatments in the future.
A jury found in favour of the claimant, ordering the bus company to pay $14.3 million in compensation plus a further $1 million for the emotional anguish caused to her daughter, who witnessed the accident.
The incident has taken nearly three years to go through the court process and Ms Francisco said she was pleased to have the matter finally settled. She added that she will be praying that similar accidents do not happen to other people, as her injuries have caused a “tremendous strain” on her and members of her family.
Ms Francisco is able to walk, but encounters pain on a daily basis and her condition is likely to get worse with age. The court was told that the injury now makes it very difficult for her to have sex and she is unlikely have any more children as a result.
While the payout is huge, it is still dwarfed by the largest ever won by personal injury solicitors in the UK. Back in 2012, 17-year-old Agnes Collier was awarded £23 million for injuries suffered in a car accident in Gloucestershire.
Multi-million pound compensation likely
A Shrewsbury man has won substantial damages this week, which are expected to be several million pounds, after being severely injured in an accident for which he was said to be 40% to blame. The High Court in London heard that 38-year-old Ian Groves, jumped on the bonnet of a moving car being driven by a friend after an argument. The driver, Jonathan Studley, was said to be ‘largely to blame’ for the accident because he drove with Mr Groves clinging to the bonnet and then swerved violently to get him off.
As a result, the 38-year-old has been left with catastrophic injuries which include difficulties with speech and cognitive skills, mobility problems and possibly epilepsy. Mr Groves will need 24-hour care for the rest of his life, the court was told. He was awarded 60% of what could be a multi-million pound compensation settlement.
Mr Studley received a 22 month jail sentence, after admitting numerous charges, including dangerous driving. The incident followed a dispute over a pair of trainers, the court heard. Mr Groves’ mother, June Groves, had sued Mr Studley for damages on her son’s behalf.
Fortunately, these kinds of accident are rare, although the man’s injuries are consistent with this type of road traffic incident. The level of compensation is high but not unprecedented and personal injury solicitors will not be surprised at the sums involved, given the severity of the injuries to the victim, even if he was partly to blame.
Serious accidents cost in the region of £20-£40 billion a year in the UK, although Britain can still boast one of the lowest accident rates worldwide. ‘Serious’ injuries are defined as such when the victim has to go to hospital as an in-patient, or suffers broken bones, severe burns, organ damage or concussion.
According to The Royal Society for the Prevention of Accidents (RoSPA ) around three million people get injured in the UK every year, 30,000 of which are deemed ‘life-changing’ injuries. Some 14,000 people are killed in accidents every year, with 5,000 occurring in the home. Half of all brain injuries, like the one described above, are caused by traffic accidents.
Turkey’s worst mining disaster a poignant reminder for UK workers
Turkey’s worst-ever mining disaster serves as a strong reminder to those working in mines and other industries of the importance of health and safety regulations in the workplace, says one personal injury law firm.
This month’s tragedy in the western Turkish town of Soma killed just over 300 people. Police have made 25 arrests in the wake of the disaster, and the mine’s general and operations managers are among those who were detained, while recent days have seen fierce demonstrations against both the coal mine operators and the government.
An explosion sent carbon monoxide gas into the tunnels of the mine while nearly 800 workers were below the surface. But Soma Holdings has stressed negligence was not the cause, and that the collapse was caused by an unexplained build-up of heat. Others say it was due to an electrical fault.
In the UK, a leading personal injury law firm has issued a warning that the explosion should remind all employers of just how vital health and safety rules are to all workers but especially those who work underground in the nation’s mines.
The Turkish tragedy has occurred at a time when the British government has set out to “cut red tape” by consulting on health and safety in the country’s mining industry. The plan is to have one, fresh guidance document as a replacement for all current mining safety legislation.
But some personal injury solicitors say they are concerned about how this would enhance health and safety, or even maintain existing standards if this change went ahead.
Commenting on the Turkish situation, one firm of personal injury solicitors said: “The devastating events in Turkey remind us of the perils those who work in mines face every day. Any changes made in UK rules should improve and not lessen safety to avoid a similar tragedy happening in this country.”
The last British mining disaster took place in autumn 2011, at Gleison Colliery, in the Swansea Valley, South Wales, claiming four lives.
Mine owners MNS Mining Ltd and ex-pit manager Malcolm Fyfield are currently on trial for manslaughter for the deaths.
Company fined £24,000 for breaching health and safety regulations
The Health and Safety Executive (HSE) has taken swift action against an engineering company which it found to be risking the safety of its workers. An inspection by the HSE discovered that employees of UTS Engineering Ltd in Jarrow, Tyne and Wear, were being asked to make repairs to the roof of the company’s premises without proper safety provisions being made.
The public body visited the firm during September and October 2013 last year and saw that UTS Engineering Ltd was carrying out extensive improvements to its roof. A staff member had already been used to inspect the roof, re-felt areas and clear guttering. Inspectors deemed that work being undertaken was unsafe, due to there being unprotected edges and the risk that they could fall through fragile materials. A prohibition notice was issued immediately and prosecution procedures were undertaken.
On Monday May 20th 2014, South Tyneside Magistrates’ Court was told that the repair work was poorly planned and the person asked to carry it out was not competent for the required job.
The roof included several fragile materials, including Georgian-wired glass roof lights and vertical lights, but UTS Engineering Ltd was found to have not assessed the danger of this correctly. Guard rails should have been installed to help reduce the risk if someone falling and work close to fragile areas should have been completed from stagings, with workers being protected against falling through the materials by safety netting.
The company pleaded guilty to two breaches of the Work at Regulations act 2005 and was fined £24,000. It was also ordered to pay a further £1,146.80 in costs.
HSE inspector Fiona McGarry said the fact that nobody was injured was very “fortunate” as those working on the roof were exposed to a huge risk. She added that serious injuries and even deaths are too common and companies must ensure that proper planning is carried out before works begin.
Had someone been hurt, UTS Engineering Ltd would have been looking at a huge claim for compensation. Personal injury solicitors are experts in investigating cases thoroughly and UTS could easily have been faced with a seven figure settlement.
MP Warns That Doctors Are Afraid Of Innovating
Conservative MP Michael Ellis has said that doctors are too scared to innovate for fear of being sued. He made his comments while moving a motion calling for a Medical Innovation Bill. The proposed bill aims to ensure that all doctors can be innovators and that all willing patients can be research patients. Mr Ellis said that greater approval would be required before patients could be used for innovative testing but that it would open the way for doctors to be able to find cures for diseases like cancer.
Medical negligence claims have risen considerably in the past few years. Last year alone the NHS paid out £1.2bn in compensation to those that successfully brought negligence claims against doctors. Patients that have suffered illness or endured any form of loss as a result of negligence on the part of doctors have a right to claim compensation but, according to Mr Ellis, the increasing likelihood of litigation means that many doctors are afraid to innovate.
While the quality and treatment received by NHS patients in the UK is typically very high, accidents and mistakes do happen. In cases where doctors and other healthcare professionals are found to have been negligent and the patient suffers some form of loss, it is possible for the patient to claim compensation.
The amount of compensation that a claimant is due will depend on the type and severity of the injury that they suffered. While minor injuries can attract claims of a few thousand pounds, more serious and long-term injuries may lead to several hundreds of thousands or even millions of pounds. Medical negligence claims of these types are meant as recompense for lost earnings and to cover any expenses that the patient has to meet.
Despite Mr Ellis’ claims, patients that have endured additional illness or injury as a result of action or inaction by their doctors do have a right to claim compensation. Mr Ellis, however, points out that while doctors are afraid to offer innovative treatment options when all other options have been exhausted, they should be free to do so without fear of recrimination. What’s more, patients should be allowed to undergo innovative treatment offered by their doctors.
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.
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”.
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.
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.
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.
