News
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.
Access To Justice Accidents At Work Asbestosis Industrial Disease MesotheliomaSep 2nd, 20130 comments
Medical Negligence Payments Rise More Than 20% In A Year
The NHS Litigation Authority annual report has been released, showing that medical negligence claims have risen by more than 20% in a year. The Litigation Trust blames no win no fee solicitors and compensation farmers that prowl the halls of hospitals encouraging patients to claim for compensation. Individually, some claims were worth £5m each while the number of babies that suffered brain damage as a result of medical negligence was a regrettable stand-out statistic.
Every year, the NHS Litigation Authority releases a report that shows exactly how much they have had to pay out in compensation to patients that feel they have been the subject of medical negligence. The government has recently taken steps to try and cut the cost of these claims but, if the recent litigation report is anything to go by, the changes will need to be more dramatic to have the kind of influence the Prime Minister is hoping for.
£22.7bn of the health service’s annual budget has had to be set aside for the payment of medical negligence claims. This is equivalent to around one fifth of the total claims made and has come as a result of a massive increase in the number of people making claims against healthcare professionals and institutions.
More than 16,000 patients have lodged complaints in 2012/2013 which is a notable increase on the 13,500 lodged in the previous year. Many of these cases are related to well publicised and heavily criticised scandals that have rocked the NHS in this country. Such cases include 120 victims of the Mid Staffordshire Foundation trust, with claims totalling £1.2m and just 14 hospitals have paid out a total of £234m in the past three years alone.
The highest individual payments are those concerning babies left with brain damage as a result of medical negligence. Claims of more than £5m have also been filed from some of the highest earners. Alarmingly, cases where the patient has died as a result of poor care tend to attract some of the lowest payments – the average payment awarded to families of 1,200 deceased patients at a Mid Staffordshire hospital was just £10,000.
Medical Negligence ClaimsSep 1st, 20130 comments
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.
Accidents At Work General PI News Medical Negligence ClaimsAug 31st, 20130 comments
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.
Accidents At Work General PI News Industrial Disease Making A Personal Injury Claim StockslegalAug 30th, 20130 comments
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.
Accidents At Work StockslegalAug 28th, 20130 comments
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.
Access To Justice Accidents At Work Making A Personal Injury Claim StockslegalAug 24th, 20130 comments
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.
Access To Justice Accidents At Work General PI News Industrial Disease Making A Personal Injury Claim StockslegalAug 22nd, 20130 comments
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