Monday 25 February 2013

A Quick Guide to Industrial Injury Claims

Employees who have suffered a disability because of their work, or their work has caused them certain diseases, may be entitled to Industrial Injuries DisabilityBenefit (IIDB). Paid by the Department for Work and Pensions, the benefit is available to people who have become disabled due to an accident at work, in the course of their work or who have contracted certain industrial diseases during their time at work. 

How does IIDB assessment work?

In order to receive the IIDB, a person’s disability must be assessed by a doctor to see how strongly it affects their everyday life. This disablement will be given as a percentage but will not include any effects from a pre-existing or unrelated condition. This allows the doctor to give a level of disability that is directly related to the accident or disease that has been caused by the person’s work. The assessment carried out by a doctor could last for a fixed period or for life, depending on the extent of the disability. Should the disability caused by an accident or disease at work worsen, or when the fixed period ends, a person can be reassessed. 

Who can claim IIDB?

The Industrial Injuries Disability Benefit is only available to a person that has been assessed by a doctor and given a disablement percentage, directly attributed to their accident or disease, of at least 14%. Any disablement percentage of 14-19% will be rounded up to 20% for payment purposes. 

How much disablement benefit are you entitled to?

The amount of benefit received varies depending on the severity of the disability and the employee’s age. A starting point for consideration is that a person stated to have 100% disability due to an accident or diseased caused by work will be entitled to £158.10 a week. 

What can you used IIDB for?

Once a payment amount has been decided, the IIDB can be paid directly into a bank, Building Society or Post Office card account. It does not matter how much savings, other income or capital a person has, the IIDB can be spent as they wish. Should a person receive any means-tested income, such as income-related Housing Benefit or Pension Credit, the IIDB will be taken into account as a form of income. 

When can you claim?

Claims for the IIDB can be made at any time, regardless of whether the accident happened days or a disease was contracted years ago. However, the payment can only be backdated for three months prior to the claim date. Claimants do not need to explain why their application is late, they just need to request backdating at the time of the claim. 

What other financial help is available for work related disabilities?

Those that are entitled to the Industrial Injuries Disability Benefit may also qualify for other financial help. This help includes the Constant Attendance Allowance, Exceptionally Severe Disablement Allowance, Reduced Earnings Allowance and Retirement Allowance. People that have disabilities or diseases caused by work should contact the Department of Work and Pensions in order to find out what help they may be able to get.

Friday 22 February 2013

Tips on Going about Vibration White Finger Compensation Claims

Vibration white finger compensation claims are claims that arise from injuries or problems caused by machines that vibrate excessively. There are lots of such machines in the construction sector, mining and many other industries. Prolonged use of these machines leads to a condition where the fingers are affected and people experience tingling, numbness, difficulty with small manual tasks, loss of agility and other issues with the fingers, wrist and sometimes arm.

Because this is a problem that has been around for many years, a number of people have been affected and many more continue to fall victim to the same industrial disease. It is therefore a matter that should concern many, especially those in industries where heavy vibrating equipment is used. After prolonged use of some machines that vibrate vigorously, it is common to experience this debilitating condition (also known as HAVS – Hand Arm Vibration Syndrome). This can leave many workers unable to undertake their day-to-day work and can lead to redundancy and extremely prolonged sick leave (not to mention discomfort). 


That is why many sufferers are compelled to make a claim against the company - or the government depending on the group in charge. To win such a claims case, you will be required to provide tangible evidence in an organized and systematic manner. That is why you might well need the services of experienced compensation solicitors who can handle the process effectively. 

Although there are many claims solicitors who will always want to handle the matter because of the monetary gains they are likely to get, it is always important to check out carefully to ensure you do not end up with an inefficient team that will compromise your case instead. 

There are common signs that the courts will be looking for as proof that you truly deserve the vibration white finger compensation claims as alleged. You therefore need to know them so that you do not end up in disappointment at the last minute. Among the common signs include a tingling or feeling of numbness on the fingers. This is also referred to as whiteness because it affects the nerves and blood vessels. An official medical report may be required as conclusive proof of your illness. A secondary medical opinion may also be required. Your solicitor will be able to advise you on this basis. 

Due to the effect on the blood vessels, the sufferer will mostly experience a change in colour especially on the fingers. This is because of the lack of proper blood flow. Another common problem is the manual dexterity loss. With this happening, they are likely to experience more of this numbness during the cold seasons. 

If you are experiencing all the above symptoms and any other similar ones, it is a great pointer to the fact that you may be suffering from vibration white finger syndrome. The way you file your claims and present your case is what will determine whether or vibration white finger compensation claims will be awarded – rendering legal advice absolutely essential.

Most Common Industrial Injuries Responsible for Disabilities

According to a government website the term ‘industrial injury’ can refer to one of two things:

  •  A physical disability caused by an accident at work
  • A prescribed disease caused by a work-related factor e.g. chemicals, excessive noise, work conditions etc. 
Surprisingly the most common form of industrial injury that results in disability is prescribed disease, and not physical harm. Prescribed diseases are also the main reason why the industrial injuries disability benefit was introduced. 

Most Common Industrial Injuries in the Prescribed Disease Category

There are presently over 70 prescribed diseases that can warrant an industrial injuries disability benefit claim. For ease, the government has grouped the diseases according to their cause: 
  
1. Conditions due to physical agents i.e. they have a physical cause. 

These conditions include things like occupational deafness, arthritis of the knee/hip/back, cataracts of the eye, carpel tunnel syndrome, writer’s cramp and subcutaneous cellulitis. All of the conditions in this group result from prolonged exposure to their underlying cause. So for example, cataracts are sometimes diagnosed in metal and glass workers due to a prolonged exposure to the radiation emitted by red-hot and white-hot materials.
 
2. Conditions due to biological agents i.e. plant, animal or other living organism. 
 
This second group of industrial diseases includes things like tuberculosis, anthrax, Glanders, Swineherd’s disease, brucellosis, hepatitis A, B and C, Lyme disease and some forms of meningitis. The conditions are normally contracted through exposure to infected animals or plants, but conditions like hepatitis A can also be contracted via contact with raw sewage. 

3. Conditions due to chemical agents. 

A lot of prescribed diseases are caused by prolonged exposure to chemical agents in the workplace, even when safety measures have been taken to reduce the risk. A lot of the conditions that have a chemical cause affect the central nervous system primarily, but the symptoms manifest in several main ways: 
  • As organ toxicity which reduces function. The lungs, liver and kidneys are normally the first organs to show signs of toxicity.
  • As neuropathies (nerve damage or death) which can affect any or all regions of the body. The symptoms of a neuropathy depend on the site of the affected nerves and most become apparent over an extended period of time.
  • As cancerous growths. Most cancerous growths affect the same organs that suffer from toxicity (see above). These growths are normally classed as carcinomas or adenocarcinomas and can be life threatening if they aren’t noticed in time to be treated. 
4. Miscellaneous conditions that can’t be placed in the above categories.

Some prescribed diseases can’t be neatly placed into any of the above categories but this doesn’t mean they don’t warrant an industrial injuries disability benefit claim. In fact, any disease that causes some form of disability and is primarily caused by an agent in the workplace, and can be shown to be caused by the agent, can be claimed for. 

Remember, disability benefit is there to compensate for industrial injuries and there is no shame in claiming it. The first step towards claiming compensation is to speak to an experienced lawyer to determine whether or not you have a case. Then you can start working towards protecting your livelihood and your future.

What are the Symptoms of Brain Injury?

A brain injury is an extremely serious condition and should always be treated with care, caution and expertise. If you have sustained a head injury, there could be serious results that could be long term or permanent if not treated properly. This means you need to seek proper medical assistance immediately, which is also an integral step in making a brain injury claim. Due to this, it is important to understand the symptoms so as to know if you may be experiencing the effects of an unknown brain injury. 

Here are some things to look out for:

Mild Brain Injury 

The term 'mild' is a relative one relating to brain injuries, not injuries in general. Any brain injury is serious and in terms of traumatic brain injuries, even mild ones can be compensated with a brain injury claim. 

The clearest sign of a brain injury is loss of consciousness or a feeling of being dazed and disorientated. This is your brain not functioning in the way that it should. Equally, you may be experiencing memory loss. This is usually due to a part of your brain being damaged through physical or mental trauma. 

More obvious physical signs can be nausea and vomiting, headaches, dizziness and sensitivity to light. Those with mild brain injuries also often complain of sensory issues, such as having difficulty hearing or blurry vision. 

Dramatic changes in mood and sleep patterns can also be a big sign pointing towards a mild brain injury. 

Moderate to Severe Brain Injury

Moderate or severe brain injuries are more dangerous than mild brain injuries. People suffering from a moderate/severe brain injury may experience all or some of the symptoms above immediately following head trauma. They will also, often, experience other symptoms within a day or so. 

Most of these symptoms relate to bodily function control as well as brain function. For example, someone with a moderate or severe brain injury will feel profoundly confused and agitated for no reason. Furthermore, speech is often slurred, coordination becomes uncontrollable and extremities often feel weak or numb. 

Physical signs are also a cause for concern. Continuous vomiting is a key issue to look out for. Victims may also have extremely dilated pupils and experience intense and persistent headaches. Seizures and convulsions are also a clear sign that something is wrong, especially couple with clear fluid escaping the ears or nose. 

If you or anyone you know is experiencing these symptoms, medical help must be sought immediately. All brain injuries are extremely damaging as the brain is the epicentre of the body. Any damage to that can cause long lasting or permanent problems. To prevent those problems, help is needed fast. Never hesitate to call an ambulance.

Head Injury Signs and Symptoms

The term ‘head injury’ can refer to any damage done to the scalp, skull or brain. Injuries of this type vary in severity and can range from minor to life-threatening. 

The signs of a head injury include anything that you can physically see, such as bruises, bumps, lacerations and puncture wounds. These are often easily noticeable and can normally be treated quickly. The internal symptoms of a head injury though are harder to determine because they are the ‘feelings’ you get following an accident. They don’t always affect your head visibly and there is often a delay between the injury occurring and the symptoms manifesting. 

Signs of a head injury

As mentioned above, head injuries can affect the scalp, skull or brain, or a combination of the three. 
  • Scalp injuries – scalp injuries are normally easy to spot and easy to treat although they do tend to bleed profusely. Most have no long term harmful consequences.
  • Skull injuries – skull fractures are more severe because they can cause bleeding inside the skull or even in the brain without breaking through the scalp tissue. It is important to look for symptoms associated with this type of injury when no signs are present.
  • Brain injuries – the brain is a delicate, vital organ and can become damaged even if there is no obvious outward sign e.g. scalp laceration or skull fracture. Again it is vital to watch for symptoms. 
As you can see the signs of head injury are really only obvious when the scalp is damaged. If the scalp remains intact then you’ll need to consider the common symptoms to assess severity. 

Symptoms of a head injury

The initial symptoms of a minor head injury often manifest soon after the injury is sustained and include most commonly a headache. You may feel fine for hours or even days after your accident though, but this doesn’t mean everything is fine in your brain. The symptoms of severe head injuries can take a significant period of time to develop and include the following: 

  • Blurred or double vision that doesn’t get better with rest
  • Prolonged headache accompanied by nausea or even vomiting
  • Sudden loss of consciousness.
  • Bouts of confusion
  • Drowsiness
  • Slurred speech
  • Forgetfulness
  • Blood or clear fluid leaking from the nose or ears
If, following an accident, you experience any of the above symptoms it is vital that you seek medical attention as soon as possible. The quicker you can get treatment the less likely you are to suffer long term problems or potentially life-threatening conditions. If you are at all in doubt go directly to your local hospital and bypass your doctor’s surgery completely. Remember, speed is of the essence when it comes to the health of your brain. 

The professional opinion of a medical doctor is also required in cases of head injury claims. Some head injuries can take upwards of two years to fully heal and it may be that lasting problems, such as slurred speech or blurred vision, remain. In severe cases you may be unable to work for a considerable amount of time, and it is in these situations that head injury claims, and the support of an experienced solicitors, are a must.

The Speedy Guide to Making a Personal Injury Claim

Every year millions of people are injured due to an accident at home, at work or on the roads. On many occasions, the blame can be attributed to the actions or neglect of another party. By law, the person at fault is liable to pay compensation for the damage they have caused another person. 

This leads to the need for personal injury compensation. Personal injury compensation comes around when the injured party claims financial reconcilement from the injuring party in order to pay back for the damage that they have caused them in both the short and sometimes long term (if the after effects are on-going). If you have found yourself in this situation where you have been hurt due to the fault of somebody else, you are entitled to make a personal injury claim. 

These are the steps you need to take:

1. Find a Solicitor 

You need to find a solicitor who sees potential in your case. If it is true that somebody else is to blame for your injuries, a lawyer will help you through the proceedings of claiming the financial compensation owed to you. This is often done on a 'no win no fee' basis, whereby the lawyer charges no fees if the case is not won. You may want to check if you have legal expenses insurance as a lost case may mean that you incur charges from the opposing lawyer. 

2. Provide Your Lawyer With Details

Your lawyer will need a full account of the incident in order to proceed with a claim. This needs to be backed up with any evidence supporting the claim. Evidence can come in the form of medical documentation, doctor's statements, your own statement, witness statements, proof of loss of earnings and so on. It may also be relevant to provide proof of past minor injuries relating to the same cause of accident. 

For example, if you work in a factory and have been injured by a broken or poorly maintained machine, you can provide evidence of previous small injuries incurred by the same or similar machinery also in disrepair. 

3. Provide Your Personal Details

Your lawyer will need personal details for contacting you and for proving your track record. This may include employment history, contact numbers, character witnesses, etc. Furthermore, you may need to provide details of your insurance to prove that you have a means to funds in the event of having to cover expenses. They will also need contact details for your witnesses. 

Once all the appropriate information has been gathered, your solicitor can talk you through the proceedings and put a personal injury compensation claim in place. Usually, these claims are settled out of court but on occasion, you may need to be present in a courtroom. The positive side is that most lawyers will not take your case if they do not believe you are entitled to compensation. 

Luckily, the procedure is relatively easy. So if you feel that you deserve compensation for an injury that was not your fault, just follow these three simple steps and before you know it, you will be receiving the compensation you deserve.

What does the Criminal Injuries Compensation Authority do?

The Criminal Injuries Compensation Authority (CICA) is a government body that makes up part of the Ministry of Justice. Its main purpose is to provide a free financial compensation service to all victims of violent crime through the Criminal Injuries Compensation Scheme of England, Wales and Scotland. 

How does it work?

Any victim of a violent crime that occurs in England, Scotland or Wales is eligible to make an application for financial support to the CICA. The CICA assesses each application in turn and determines whether compensation can be paid to the victim, or their loved ones in the event of the victim’s death. There are four types of compensation that can be claimed, depending on the nature and severity of the injuries sustained. 

Types of compensation you may be entitled to:

1. Compensation for injuries sustained 

Providing you can prove you sustained the injuries you are claiming for, this type of compensation should be paid without delay. Also known as the tariff award, this payment is made on a sliding scale according to the severity and lasting effects of your injuries. Awards range in size from a minimum of £1000 up to a maximum of £500,000. 

2. Compensation for the family of a violent crime victim 

In the unfortunate event of a death due to a violent crime it is possible for a member of the victim’s immediate family to make a compensation claim from the CICA. This award has a fixed amount of £11,000 and can be used to ease the financial burden of losing a loved one. 

3. Compensation for loss of earnings 

If the injuries you sustained as a direct result of violent crime make it impossible to work for more than 28 weeks you can send in a separate application to the CICA (separate from your application for the tariff award) to cover your loss of earnings. A successful application for this type of criminal injuries compensation will start to pay out from your 29th full week off work. 

4. Compensation for additional or special expenses 

Victims of severe violent crime often need long term care, home adaptations to make life easier and expensive medical procedures not generally provided by the NHS. Making an application to the CICA for special expense compensation can ease the burden of these expenses, but as with loss of earnings, the application has to be made separately to that of the tariff award. 

The CICA is there to help any victim of violent crime in England, Scotland or Wales and accordingly the eligibility criteria are few. In simple terms: 
  • Your injuries need to be severe enough to justify a pay-out. So for example a cut finger won’t be assessed as worthy of compensation.
  • Your injuries need to be a direct result of a violent crime that occurred in England, Scotland or Wales. The perpetrator doesn’t need to have been convicted or even charged for the assault.
  • You need to make a claim within 2 years of being injured. 
If you’re unsure whether you are eligible to make a claim for criminal injuries compensation then it’s advisable to contact the CICA directly. Who knows, you may be entitled to a lot more than you think.