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How Employers Should Prevent Accidents At Work
Unfortunately, injuries in the workplace are more commonplace than people imagine. Certain industries, including construction and agriculture are especially high risk but it is also possible to suffer an injury while working in an office or other environment. It is the responsibility of all employers to ensure that their employees are provided with a safe working environment. This means ensuring that machinery and tools are safe for use and that employees receive appropriate training to help prevent accidents at work from occurring.
Machinery and tools are required in the day to day work for many individuals and it is usually the responsibility of the employer to provide these. Furthermore, it is the employer’s responsibility to ensure that these are safe for use. Appropriate training should be given, machinery should be kept updated, and any hazards that arise from the use of these items should be legislated for and prevented.
The workplace itself can prove a hazard, especially if it is not kept in a safe and tidy condition. Floors and corridors should not only be clean but they should be kept free of any hazards and potential dangers for the employees. Even a dusty environment can lead to industrial illnesses and this can be prevented simply through regular, good quality cleaning. Workstations, including desks and the surrounding area, should be equally free of hazards and potential dangers.
Suitable training should be provided to all employees. The lifting of heavy objects requires special training to ensure that injuries and physical illnesses do not develop over time. If an employer fails to provide access to this training then they may be held liable for repetitive strain and other long-term ailments related to the continuous performance of a particular task. Training should be provided for the use of machinery, tools, and safety gear as well.
Safety gear should be provided by the employer to ensure that employees are able to protect themselves from potential harm. Safety boots, dust masks, hard hats, and even hazardous material suits may be required depending on the working conditions and the type of work that an employee undertakes. These items should be kept in good order because items like hard hats will not provide the level of protection that they should if they become damaged or are not cared for properly.
If an employee suffers a workplace accident and it is found that the employer was at fault or negligent then the employee may be able to file a claim for compensation. Compensation values will vary according to the severity and type of injury, but they will usually include an amount for the injury as well as special expenses and to cover any loss of earnings that might be incurred.
Where an employee does suffer an injury at work, they should first follow company protocol. An accident report should be submitted and the accident reported to the health and safety representative. This helps ensure that the company is able to rectify the situation and ensure no further injuries occur but it will also prove beneficial if the case goes to court or tribunal.
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.
Average Briton Will Endure Thousands Of Work Related Accidents And Illnesses In Their Lifetime
A recent survey of 2,000 people shows that the average Briton will suffer more than 10,000 injuries, illnesses, and accidents during their lifetime and that the majority of them will be made up of bugs picked up from work and accidents in the workplace. The report, released by solicitors Slater & Gordon, shows that cuts and bruises make up the largest section of these and the figures mean that the average person in this country will suffer, in some way, once every three days.
The typical person spends up to 40 hours or more in the workplace so it is perhaps unsurprising that the workplace is responsible for most of our illnesses and injuries. Some of these incidents are unavoidable, for example even the use of antibacterial hand gel may not prove enough to prevent picking up a cold or other bug. However, there are a large number of such accidents and work related illnesses that can and indeed should be avoided.
It is the responsibility of an employer to ensure that all of their employees are safe and free from injury and illness. The term health and safety may be derided as a joke and filled with bureaucratic paperwork but, in reality, it is what keeps employees safe when they walk through the door until they leave at the end of the day. Followed properly, health and safety guidelines can prevent potentially life threatening injuries and illnesses. When ignored, however, it not only leads to more work related incidents but it can land the employer in court.
More than a third of those surveyed said that they had suffered an injury while at work and delving further into these figures, it is also shown that approximately one in five could identify a potential hazard or health and safety risk currently in their workplace. The first step to effective health and safety at work, and preventing work related accidents, should be identifying risk before taking action to remedy that risk. If employees are able to identify such hazards then action should be taken by the employer.
When people do suffer an injury at work, or contract a work related illness or industrial illness, they may have the right to claim compensation from employers. While this compensation will usually be covered by an employer’s liability insurance policy, it can lead to a drop in workplace morale and an increase in insurance premiums required in the future. It should be, therefore, in the interest of employers to prevent accidents and illnesses occurring in the workplace.
Suffering a long lasting injury at work means that an employee is often unable to complete their daily work. This can lead to a loss of earnings and may also mean additional healthcare costs and rehabilitation costs. Compensation is awarded to anybody that suffers at the hand of a workplace injury in order to ensure that they have the financial backing to be able to fully recover from the injury and be back to full health as quickly as possible.
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.
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”.
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.
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.
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.
