Showing posts with label Injury Compensation. Show all posts
Showing posts with label Injury Compensation. Show all posts

Wednesday, 17 April 2013

Am I industrially deaf? - How to find out if you are

Did you know that it takes about 15 years for people to realise that they are going deaf? For many people, the delay is due to a refusal to admit the problem. 

Others simply don’t realise they have a problem with their hearing, while others work in loud environments so they have become used to not being able to hear very well. Here’s how to evaluate whether you’re suffering from hearing loss:

Test yourself online

On the Action for Hearing website, you can undertake a fast, simple and easy hearing check online. The online test only takes around 5 minutes and can give a good indication of where you stand in terms of the average hearing for your age and gender. It’s important to note that this is not a full hearing assessment, only a hearing test designed to show whether you may suffer from hearing loss and encourage you to take action. 

One of the biggest issues associated with becoming deaf is the inability to correctly hear when there is background noise – this test measures you hearing levels against this ‘speech in-noise’ by saying three numbers with you need to record. The better you do at the test the more difficult it becomes in order to find your limits. If you feel as though you may have hearing issues in one ear then this test can help you find out as it assess each ear individually. 

Ask yourself some questions

If you do not wish to take the online hearing test, you can answer a series of questions that can help identify whether you may have hearing issues. Be sure to be entirely honest with yourself, or answer with a partner. The questions are as follows: 

1. Do you sometimes have difficulty understanding what people are saying on the phone, radio or TV?


2. Do you feel that people aren’t speaking clearly or are mumbling?

3. Do you constantly ask people to talk louder or repeat what they have said?

4. Is it difficult to follow a conversation in a noisy restaurant, crowded room or with background noise?

5. Do people get annoyed because you constantly misunderstand what they say?

If you have answered yes to two or more of these questions, it is likely that you may suffer from hearing loss. To get a complete evaluation of your hearing you need to see a GP or audiologist who will carry out a complete assessment of your hearing and tell you the likely cause of your hearing loss – whether it’s old age, working in a noisy environment, loud music or physical trauma.

What is industrial deafness?

Industrial deafness could affect over a million workers in the UK who operate in loud workplaces without the necessary safety equipment. There are a huge range of different jobs where industrial deafness could be a problem, everything from working in a nightclub to operating a pneumatic drill.

If your hearing loss is a result of industrial deafness you may be entitled to compensation. If you work in a loud environment and your employer failed to provide you with suitable protective equipment, or ensure that the legal limits on noise exposure are not exceeded, then you could be entitled to compensation to help pay for medical costs.

Types of construction accidents - The most common building site injuries

Construction sites can be a very dangerous place to work, especially if the proper health and safety measures aren’t in place. In 2012, it was recorded that 49 construction workers in the UK died as the result of a workplace accident and many more were seriously injured. 

When proper precautions are being enforced, construction sites can be much less hazardous. Here are some of the common accidents that occur on the work site and an idea of the amount of compensation you might expect to receive.

Common accidents

The main accidents that occur on construction sites are ones that are typically associated with manual labour and working with heavy machinery. There are many injuries that can happen which are not the fault of a third party, for example pulling a muscle or hitting your fingers with a hammer. As these incidents are of your own doing you probably won’t be able to claim compensation. However, construction site accidents that could be the fault of a third party include:

  • Slips and trips 
  • Falls from height 
  • Crush injuries 
  • Struck by falling objects
  • Electrocution/ Explosions 
The injuries that are sustained during these accidents range from mild injuries like grazes and bruising, to more serious damage such as broken bones, being paralysed and even limb amputation. Most of these accidents can be avoided but in the unfortunate cases when they do happen, you could be entitled to compensation.

Falls / Hit by falling objects

Although wearing protective equipment, like hard hats, can help to prevent some of the damage caused by falling objects they do not guarantee that you won’t sustain serious head injury. There are many ways in which you could sustain a brain injury on a construction site, the most common way this happens is by falling from height or being struck by falling objects. 


If the accident was no fault of your own then you may be able to claim for compensation to help cover your medical bills, loss of earnings and other expenses which may occur. The compensation you are likely to receive for being injured at work isn’t the same for every incident as it is based on your situation and the damage caused by the injury. 

Typically, head injury compensation can range from £1,500- £280,000; it is important to note that the larger the pay out, the worse the injury is likely to be, with the large amounts being paid out to help cover lifelong medical treatment.

Crush injuries

Breaking ribs while on the construction site is quite a common complaint, as it is the usual result of sustaining injuries when you’ve been crushed by vehicles or machinery. Seriously broken ribs can prevent you from working, as it can often be painful to move and breathe. Compensation for this injury typically range from around £1,800 - £2,500, however if your back was also injured during the accident then you’re looking at more compensation as these injuries are generally more damaging. 


How badly your back is damaged alters the amount of compensation you could receive; broken spines tend to get more compensation than muscle damage as they take much longer to heal. Crush injuries can inflict a huge variation of injuries from damage to internal organs, degloving injuries, broken spinal cords and even limb amputation, which means that the compensation you’re entitled to ranges from the hundreds to the hundreds of thousands depending on your injuries.

Limb injuries

Probably the most common accidents on a construction site are limb injuries, which can be the result of almost any situation. Hands in particular can be easily injured in the workplace as they can become crushed when trying to move heavy objects or damaged when operating unsafe equipment or machinery. 


Arms and legs can also become hurt in many ways, they are often damaged when falling from heights, burned as the result of electrocution or even wounded by malfunctioning machinery. Limb injuries can range from broken digits and sprains to serious fractures and sometimes even amputation. Due to the difference in severity, compensation can value anywhere from £600 to over £200,000, with the more serious injuries being awarded the larger claims.

Claiming compensation

Your employer has a responsibility to protect you from the hazards of the workplace by instilling health and safety measures into every area of the construction site. It’s well known that construction sites can be a dangerous place to work but the employer needs to make every effort in making it a safer place to work. 


If your accident has occurred due to the failure of your employer to meet their legal duty to adhere to the health and safety standards, then you could be entitled to compensation. If your employer has neglected aspects of health and safety that becomes a legal case in its own right, it is important to address problems and report any unsafe areas to your manager so there is a record of it in case of an accident.

In order to get the best possible compensation claim you should be sure to use an experienced construction accident lawyer, they have a wealth of knowledge of making claims in this area and can get you the compensation you deserve.

Agricultural Accidents - How to stay safe

Although many traditional framing practices have been streamlined in the last 50 years, it’s very well-known that farming is still one of the most dangerous occupations that a person could choose.

Whether you’re working with animals or through arable means, the combination of unpredictable animals, dangerous materials and powerful machinery means that sometimes, things can go wrong, with awful circumstances for a number of workers. And sometimes, it’s someone’s fault – perhaps a negligent senior worker or a faulty piece of machinery. That’s why many agricultural accident claims are made every year after farm workers are hurt – sometimes seriously – because of an error that someone made.

However, even though there are a huge number of agricultural accidents that occur as a result of someone’s mistake, many simply occur naturally; from being in the wrong place at the wrong time. Here’s how to stay safe, where possible, on the farm:

Always be alert

There is the old adage from the start-studded world of celebrity and entertainment that you should never work with children or animals. And while child slavery laws were thankfully outlawed in Victorian times, the wide majority of farms would be pretty unsustainable places without a good deal of four legged friends – and these loveable creatures, so paramount to the success of our farms, are pretty unpredictable, unfortunately. Therefore, it’s vital to be constantly on red alert while working on the farm with animals; sometime they are a scary noise away from jolting and potentially harming your health.

Always work in pairs

It’s often said that farming is quite a lonely pursuit, and the traditional view of the farmer or shepherd out alone in his field is an endearing one. But as the world of agriculture is such a dangerous one, with far higher injury rates than the typical office job, it’s vital to work in teams or pairs wherever at all possible, in case someone gets hurt in the line of fire. Or if you’re not able to work in pairs, be sure to instruct someone where you’re going and how long you’re going to be, otherwise you could get hurt, and waste precious minutes not getting the help you need.

Lift safely

It may seem relatively trivial after the pretty serious tips of the last two, but the most serious, debilitating injuries can occur from seemingly simple methods. And because agricultural work can include lifting quite substantial weights, it’s vital to lift properly – in a way that doesn’t hurt you.

Tuesday, 16 April 2013

Which are the most dangerous sports to play?

Of all the people in the developed world, you’d be hard-pressed to find someone out there who didn’t like any sports. Whether it’s the millions of people who both watch and play football every week, or the more niche aficionados of boules, water polo or gaelic football, sports captivate nearly everyone in Europe, Asia and the Americas. But despite the many pleasures involved in sport, it’s a very tangible reality that pain, and worse, serious injury is a part and parcel of even the most relaxed sports. As a result, sports injury compensation claims are a becoming increasingly common. It’s assumed that accidents can happen, but if someone is hurt on the field and it’s someone’s fault, then compensation may be claimed. But what are the most dangerous sports that a person could play? 

Football 

The glorious world of soccer is often maligned by rugby fans and others, who look at screaming, diving specimens writhing around on the floor supposedly in pain, and deign that the world’s favourite sport is one for pansies. And while that may be true in some cases, football can be an incredibly vicious sport, where ankles, knees and other vital joints and limbs are attacked by members of the opposition – leaving a player in agony and probably with a serious injury. 

Horse racing 

It may not be played by anything like as many people as football or other sports, but for those small, light jockeys who ride for a living, horse racing is an incredibly dangerous sport. Because they’re hurtling over 6ft jumps at speeds you’d expect from a modest car driving through town, and with none of the safety considerations in place, it goes without saying that horse racing is pretty dangerous. 

Bull fighting

It won’t surprise you to see bull fighting on this list. The famously Spanish sport sees a brave matador wave a red flag towards a bull, causing it to charge towards him. Then, the plucky Spaniard must dash out the way, quick, before the angry bull connects with his body. Needless to say, this makes it one of the world’s most dangerous sports. 

Ice hockey

This famous American pastime is a very dangerous sport, and not because of the potential frostbite. Like rugby and American football, this is a vicious sport, with plenty of painful fighting, but this finds its way onto the list because it’s part and parcel of the sport. What’s more, each team has a specified ‘goon’ – a man whose sole role is to fight and intimidate the other team. And even if they’re not fighting, sharp glass boots and hard sticks make it a very vicious sport. 

If you’ve been unlucky enough to get injured while playing sports, then an Employer Liability specialist lawyer can help you to get the compensation that you deserve for your sports compensation claim.

Why you need to know about the Armed Forces Compensation Scheme

Unlike personal accident claims, military accident claims can take one of two forms. If it can be shown that an injury or illness is the result of the military failing to protect you then you can make a civil claim – which is the type of claim most servicemen initially make. There is another type of claim that can be made though. This claim is a claim against the military itself and is done so through the Armed Forces Compensation Scheme. 

What is the Armed Forces Compensation Scheme? 

This is a specialist scheme designed to compensate servicemen and women, or their families, for any injury, illness or death sustained while in service. The injury, illness or death being claimed for has to have occurred on or after 6 April 2005 and can be anything from a broken leg to an amputation or worse. The severity of the injury or illness dictates the amount of compensation awarded and any money that is awarded is completely separate from the money awarded in a civil claim. In other words, a claimant could greatly increase their total pay-out by claiming through the scheme and through a civil suit. 

What can be claimed for? 

 Any injury or illness that is incurred while in military service can be claimed for – even if it’s something like a broken ankle sustained during Adventurous Training or a broken finger from an organised inter-service athletics meet. More severe injuries will of course be more likely to warrant a pay-out but any injury or illness is worth claiming for. The death of a serviceman or woman can also be claimed for by the family of the deceased through the scheme. 

How much compensation is awarded? 

Military accident claims made through the Armed Forces Compensation Scheme provide one of two types of compensation pay-out. 
  • Lump sum payments – this type of payment is made to compensate for the pain and suffering caused by an injury, illness or death while in military service. The amount of compensation awarded is proportional to the amount of pain/suffering endured and ranges from £1200 up to a maximum of £570,000. If more than one injury is sustained during an accident then each individual injury is compensated for, meaning it is worth claiming for every single injury regardless of how insignificant.
  • Guaranteed Income Payments – military accident claims that involve long term injury or illness can be awarded guaranteed income payments. This type of compensation is tax free and is paid every month from the time of discharge from the military until death. The amount awarded depends on a number of factors including how the injury or illness is predicted to affect job prospects in the future. 
 How to make a claim 

The easiest way to make a claim through the Armed Forces Compensation Scheme is with the help of a specialist military accident claims solicitor. Remember, you only have 7 years from your accident to make a claim so the sooner you get the ball rolling the better. Families of those who die while in service only have 3 years to make a claim, making it vital to start a claim as soon as possible.

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.

Tuesday, 8 January 2013

How to Make a Claim after a Military Accident

Making a claim against the Ministry of Defence (your employer) following a military accident isn’t always easy. There are several laws in place that make some accidents claimable but others not so. You need to find out before starting any accident claim whether your military accident qualifies as an ‘accident at work’.

What does this mean?

Personal injury resulting from a military accident can fall into two main categories: 

 Injury sustained in combat
  • Injury sustained due to negligence or breach of duty on the part of the Ministry of Defence
An injury sustained in combat is unlikely to be considered an accident at work unless the injury is a result of defective equipment belonging to the MOD or friendly fire. Any injury sustained as a result of the enemy force can’t be claimed for using a work accident claim but it is often possible to go through the Armed Forces Compensation Scheme instead.

An injury sustained as a result of the MOD’s negligence or through a breach of duty does warrant a work accident claim however you will need a significant amount of evidence regarding the accident to secure a favourable outcome. You will also need to show that the injury occurred after May 1987 since this is when the law changed to make the MOD open to personal injury claims. Injuries that fall into the claimable category include: 
  • Those that occur as a result of defective equipment 
  • Those that occur as a result of the actions of another employee 
  • Road traffic accident injuries when in an MOD vehicle or on active duty 
  • Industrial illness providing the stimulant for the illness e.g. asbestos, was first encountered after May 1987 
  • Post-Traumatic Stress Disorder (PTSD), although this is a very complex and grey area at present. 
Making your claim 

If you have sustained an injury in a military accident that warrants a personal injury claim, or alternatively a claim through the Armed Forces Compensation Scheme, then you need to claim within 3 years of your accident. Every decision made by the appeal courts has the effect of changing the law slightly, making compensation claims against the Ministry of Defence quite complex with ever-changing rules – so you do need to leave enough time to get through the red tape and complete the claim by the deadline. 

You’ll also benefit from using a specialist lawyer who understands the complexities of making a legal action due to a military accident . Many personal injury lawyers know about accident at work claims, but because of the uniqueness of the Ministry of Defence as an employer it really will help to put your claim forward in such a way that there is no doubt about who was responsible for your accident. 

At the start of your claim you will need to provide as much information as possible relating to the accident. This is what the MOD, or the appeal court, will use to decide whether your claim is valid. The amount of compensation paid out will depend on things like the severity of your injury and the loss of earnings you’ve incurred as a result. Give as much information to your lawyer as you can and you should see a positive outcome to your military accident claim.

When Can I Make Construction Accidents Claims?

Most people do not know that construction jobs are prone to accidents and are some of the most risky jobs in the world. The nature of the job poses no small amount of danger and in several cases can prove hazardous to life. A construction worker is always exposed to dangerous equipment, unstable materials and a hazardous working environment which all lead to construction accidents. Other dangers of the job include working at heights where materials may fall, especially if no safety barriers are in place. If such dangers result in accidents to workers, they file construction accidents claims. Construction accident claims are a benefit given to a construction employee as part of his or the employing company’s assistance should an employee have an accident.

Every employer has the responsibility of giving and providing a safe and suitable working environment for its workers. If the employer cannot provide basic safety requirements, they put themselves at risk of having to pay out for construction accident claims. The Government Health and Safety Commission is the agency responsible for ensuring safety regulations are met by construction companies. It ensures that the risks and dangers in the workplace are properly addressed to reduce, if not eliminate, accidents.

Reasons Why Construction Accidents Happen

Several factors can contribute to mishaps during construction work. Faulty equipment, the inability of a worker to handle the job and or the lack of safety guidelines in the work area can be some of them. A lack of the correct protective suits, rest times, training and knowledge of the job can also contribute to construction accidents. Most commonly, a lack of safety guidelines on proper and correct usage of equipment is the most common reason for such accidents. It is the responsibility of the employer to test any new equipment before giving it to their employees. At the same time, employees should be trained in the use of such new equipment, to eliminate the danger of them causing trouble. 


What are the types of construction accidents that are eligible for compensation claims? In general, any serious injuries which happen on a construction site that is not the fault of the worker should be compensated. Construction accident claims include the following injuries: 
  • Falling through light and fragile surfaces like roof lights
  • Falling from scaffolds or ladders
  • Being struck or run over by moving vehicles
  • Being struck by falling equipment, loads or moving structures 
  • Being hit by collapsing machinery or structures 
  • Being in contact with dangerous and harmful fumes and chemicals 
  • Lifting heavy and risky loads 
  • Electrocution, inhalation injuries and burns 
  • Trips, falls and slips 
  • Exposure to asbestos 
  • Hand and finger vibration injury 
  • Injuries due to faulty machinery 
  • Injuries due to failure to have adequate safety gear and/or protective clothing 
These construction accident claim reasons are used to cover the loss of earnings, medical fees and rehabilitation costs of an injured employee. Even in companies which provide a safe working environment for their employees, accidents do happen and thus the employer must be insured all the time. Construction accident claims are seen as useless by workers, however large the pay out, if such worker loses a limb.