Industrial disease – an occupational hazard?

Over a three-year period from 2008, approximately 5,700 new cases of work-related illness were diagnosed in the UK*.

These statistics in fact only represented a small proportion of the number of total cases, as they are part of a voluntary medical reporting scheme that many doctors may not have contributed to.

In the past, becoming sick and even dying as a result of your work, was considered in many occupations to simply be something that went with the territory of needing to earn money for one’s self and family.

Of course in many cases previously, medical science was not sufficiently sophisticated to identify a firm correlation between occupation and illness symptoms.

Today, that has now changed considerably.

Society has recognised that some occupations are hazardous and insists that employers and employees alike take certain minimum safety precautions. 

In other situations, it is also recognised that whatever may be the safe practices today, in the past they were not in place and that people may have suffered potentially serious effects on their health as a result.  Perhaps one of the best-known examples of this relates to the asbestos industry.

The law insists that your employer provides a safe working environment.  If they fail to do so they may be subject to prosecution.  You may also have the right to progress industrial injury claims if your working environment has led to deterioration in your health.

The same basic principles apply to accidents at work or in the legitimate conduct of your duties.

In some cases, your employer may immediately make excellent provision to compensate you for the damage to your health or the consequences of the accident but some may be less inclined to do so.  Even in situations where they have accepted liability, are you confident that you know the real amounts you might be entitled to and as a result, whether their offer is just?

This is where Bentley Accident Claims may be able to help you.

We will provide from the outset, a fully qualified solicitor for you to discuss your potential claim with and they may be able to offer you an initial opinion.

If we believe that you have just grounds for a claim, we will be happy to progress things on your behalf on a no-win, no-fees basis.

Your health is important and if trying to conduct your duties in line with the requirements of your job has put it at risk, you may be due for compensation accordingly.    

*Source:

http://www.hse.gov.uk/statistics/tables/index.htm#thor

  

Military service and injury compensation

The men and women of the UK’s military services are almost constantly in the news.

Hardly a day goes by without coverage of their heroism and service, whether in conflict, rescue or the provision of aid situations.  Unfortunately, that coverage also frequently includes news of injuries and sometimes fatalities sustained during the carrying out of their duties.

Here are some facts that you may find interesting:

·         service personnel may have the right to seek compensation for injuries sustained as part of their pursuance of their legitimate duties;

·         that may apply in situations where your employer has failed to provide a safe environment, has asked you to conduct needlessly dangerous duties or ordered you to perform tasks without the pre-requisite training or safety equipment;

·         it may also be possible to seek compensation if you have been injured as a result of an accident even if none of the above situations were the case. This does not only apply to combat situations but also to things such as training and transport etc;

·         the law allows you to seek compensation because society recognises that you have a right to care and financial help in the event that you are injured whilst serving your country;

·         trying to prepare and present your claim may not be straightforward – that is why it might be advisable to seek the advice and help of specialist military injury compensation claims solicitors;

·         such solicitors may be able to act for you on a no-win, no-fees basis and that means you won’t have to worry about financial consequences should your claim not be successful;

·         their role is not simply to prepare your case for you, they may also be able to offer objective advice on the scale and nature of your claim and how much compensation you might realistically be able to ask for;

·         of course, your claim may not be accepted and it may be necessary to progress the matter through due legal process though typically both parties wish to avoid that where possible;

·         the outcome of your claim may be influenced by situations in which the problem occurred due to your wilful failure to comply with instructions or safety requirements – or where you were seen to have been acting irresponsibly. That is why it might be important to collect witness statements and documentary evidence as soon as possible following the accident or incident.

Claiming compensation may not appear to be an instinctive course of action for people in the military but it may be your right and in some situations, may enable you to obtain entirely justified help for you and your family. 

Road accident injury claims – your questions answered

Here is a sample of some of the questions heard relating to road accidents and associated claims.

Is it right to make a claim?

In the UK to the year ending September 2011 (the latest confirmed figures available at the time of writing) 24,430 people had been killed or seriously injured in road accidents*.

In many of these cases, people and families suffered either tragedy or serious inconvenience as a result.

In such circumstances, money cannot wind back time and prevent the accident but it may allow you and your loved ones to cope with the financial consequences.

The law recognises your right to seek compensation for the distress and pain you may have suffered as a result of a motor vehicle accident.  Only you can decide whether or not to progress a claim but a qualified accident claims solicitor will be happy to offer you their advice as to your options and probabilities of success, should you choose to do so.

What can I claim for?

Injury compensation claims may be made for a variety of reasons but broadly speaking they relate to pain, suffering or financial consequences, you may have suffered as a result of an accident.

For example, if an accident means that you are unable to work for a period of time, the law may allow you just compensation for your loss of or reduction in, earnings/income.

Do I have to prove my claim in court?

There are two aspects to this question, court and evidence.

In terms of court, typically the legal representatives of both parties will attempt to reach a just settlement of your claim without the need for court proceedings.  In many cases this is actually achieved.

In some cases it may not be possible to do so and evidence may need to be presented in court and a judgement sought.

Evidence is always helpful to support a claim.  It is important to seek medical treatment and opinion as soon as possible following an accident.  It is also important to ensure that you keep copies of all medical documents, treatment dates, diary notes to record your condition, prescriptions and so on.  Photographs may also be very helpful. 

How much will this cost me?

Some solicitors’ services are entirely on a no-win, no-fee basis.

Furthermore, any awards secured for you will be 100% paid to you – the other party meets your solicitor’s fees**.

Can my solicitor guarantee that I will obtain compensation?

No.  If the other party contests your claim and eventually wins, then you will receive nothing.

Using an experienced accident claims solicitor with experience in these areas will provide you with sound advice at the outset.  If they do not believe your claim to be viable, they will tell you that.

*Source:

http://www.dft.gov.uk/statistics/releases/road-accidents-and-safety-quarterly-estimates-q3-2011/

** Under Scots law there may be some slight differences in terminology and approach but the net effect may typically be the same.

Your accident claims solicitor and medical / clinical negligence

Medical professionals typically do their utmost to try and ensure that their patients receive the very best of care and attention.

Yet things can sometimes go wrong and when they do, you may need assistance in order to help you get your life back on track.

Here are some points to consider:

• of course, not all medical treatments can be guaranteed to have a successful outcome. If your treatment is unsuccessful in spite of the best professional efforts of medical healthcare professionals, then that may be regrettable but something you may have to consider to be part of life’s uncertainty;

• however, occasionally treatments and medical service may fail because an individual or institution failed to perform to the required professional standards or meet their duty of care;

• at times, this may result not only in the treatment or care failing to achieve the expected benefits but also in it causing further problems that might be more serious than the initial matter receiving attention;

• these problems may also arise in areas other than treatment, for example, a failure to rapidly diagnose and treat an illness at its earlier stages, arising from indifference or complacency, may have serious consequences for the final prognosis;

• in some cases, these situations may be deemed to be due to professional negligence and if you suspect that you have suffered such, you may have a legal right to seek compensation;

• the primary intention behind such a claim is not to punish the people or institution concerned – it is to try and ensure that you and your family receive a sum of money in order to help you cope with the physical and emotional consequences that you might suffer following such negligence;

• if you feel that you have experienced some of these unfortunate events, you may need to consult legal expertise in order to assess whether or not you have justified grounds for a claim;

• choosing which accident claims solicitor to use might be important in helping you to achieve a just settlement if appropriate. Here at Bentley Accident Claims you’ll be speaking to a fully qualified solicitor from the outset and they’ll be only too pleased to offer you a rapid assessment of your situation.

You may understandably be a little nervous about starting to progress a claim for medical negligence.  We understand that but you may have nothing to lose by asking a few questions and our services operate strictly on a no-win no-fee basis.

We would welcome your call and be happy to advise further.

Industrial injury claims – a quick guide

If you have suffered from an accident or injury related to or caused by your work, you may be nervous about pursuing compensation. After all, your employer pays your wages and you may be hesitant about challenging them. However, claims for industrial injury may be more common than you think, and with a robust lawyer, you may be able to secure the compensation you are entitled to.

An employer’s health and safety duties to their employees are well known, and, in most cases, employers are legally obliged to have insurance against such claims.

What kinds of things may lead to a claim?

There are typically two scenarios at work that may lead to an employee claiming for compensation. Firstly there is the sudden accident scenario where you may be injured out of the blue. This may happen due to:

·

• injury caused by defective machinery;
• trips and slips at work;
• employee attacks;
• problems caused by manual handling (e.g. back problems); or
• damage caused by hazardous chemicals.

Apart from sudden accidents, the other type of claim for industrial injury may be those caused by prolonged exposure to particular conditions. So for example, people who have worked with asbestos may develop illnesses caused by that material several years after they have finished in that particular job.

Even if you have left the employment which exposed you to dangerous conditions, if you can prove that your illness or injury was caused by it, you may still be able to make a claim.

What is the procedure?

The first step may be to contact a solicitor to talk through the details of your injury, and what has happened to you. In this initial chat, the lawyer may be able to tell you whether you have a strong chance of claiming compensation.

If you both decide that the claim is worth pursuing, your lawyer may then contact your employer (or former employer) setting out the basis of the claim. If the claim stems from a sudden accident, the letter may not be a surprise to your employer.

Typically, employers may pass the claim to their insurers, so that the process of negotiation may begin. The majority of accident compensation claims may be settled at this stage, if it is clear that your employer was at fault. In this case, the discussion may turn next to the question of how much compensation should be awarded.

But if there is any doubt about who was at fault or how much compensation is payable, industrial injury claims may proceed to court. Here a judge will listen to the evidence and the cases put by both sides’ lawyers, and make an award on the basis of what he or she has heard. If you have brought your claim on a no win no fee basis, the worst that could happen may be that you lose your case and feel frustrated, but have no legal costs to pay.