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Category: Accident at Work

When you are at work, your employer has a legal responsibility to report any accidents, pay you sick pay and allow you to have time off because of an accident you suffer at work, should it be necessary.

To give you an idea of the scale of this issue, the most recent figures published by the Health and Safety Executive (HSE) show that:

• 581,000 injuries occurred at work in 2019
• 28.2 million working days were lost due to work-related illness and workplace injury in the last financial year

While this is a decrease on the figures reported by the HSE in previous years, it is still unacceptable.

How to report an injury

All employers must keep an accident book. This is a legal requirement, and it is for the benefit of employees. It offers a useful record of what happened and when in case you need time off work or you need to claim compensation.

Who is responsible?

Your employer is legally required to do everything reasonably possible to ensure both your physical and mental well-being at work.

The first thing a responsible employer should do once the initial accident or injury has been dealt with is to carry out a risk assessment and do whatever is needed to ensure that a similar incident does not happen again.

It is important to remember that you and your fellow employees do also have to take reasonable action to ensure that your health and safety needs are taken care of.

Compensation

If you have been injured at work and you believe that your employer is at fault, you are within your rights to make a personal injury claim. Any claim must be made within three years of the date of the accident and you will usually need to hire a specialist personal injury solicitor to represent you.

How we can help

At The Compensation Experts, we work with specialist law firms who have a track record making successful workplace injury compensation claims. We and the firms we work with have a lot of experience in these cases and so, are well-placed to help you get the maximum amount of compensation you are entitled to. After your initial consultation with our advisors, which is done on a free no-obligation basis, we will match you with the firm who best suits the circumstances of your case.

If you decide to progress your claim, your solicitor will collect any evidence to help build the strongest possible case to support your claim. This evidence will be used not only to prove your entitlement to compensation but also to show the extent of your physical and financial suffering to ensure the amount you receive is fair.

Do not hesitate then to get in touch with us via the contact form on our website or by calling 0161 413 8765.

The most common type of accidents in the workplace continue to be slips, trips and falls. Although these terms sound very similar and may seem like they have been grouped together because of this, they are in fact quite different from each other and protecting you from injuries caused by slips, trips and falls is part of your employer’s legal duty of care to you under the terms of the Health and Safety at Work Act and other relevant legislation.

Slips

In terms of the workplace environment, a ‘slip’ is defined as any time your feet lose grip on the surface you are either standing or walking on. This may be due to the floor being wet, because it has recently been polished or because a rug hasn’t been securely fixed to the ground.

An example of when this would stray into the territory of your employer breaching their duty of care to you would be if the cleaning staff mopped the floor but then failed to leave out the correct warning signage and you then slipped on the wet floor and harm yourself. In this instance, your employer would be at fault for failing to ensure the cleaning staff had done their job correctly and you would potentially be able to claim compensation from your employer for any loss of earnings you suffered while having to take time off work in order to recover.

Trips

In terms of the workplace,  a ‘trip’ usually happens when you are walking on an uneven surface or if the lighting in part of your workplace isn’t bright enough for you to see items that are large enough for you to trip over.

If your workplace has a cluttered floor and, for whatever reason, you trip over and injure yourself, this would be an example of a trip in the workplace your employer would be liable for.

Falls

While the term ‘fall’ usually makes us think of a fall from a great height, that is not always the case in the workplace. For example, you may simply be using a small stepladder to help a colleague hang something on the office wall. If the stepladder is faulty though, you or your colleague may incur an injury as a result. While this may seem inconsequential, it is worth remembering that even a fall from a few inches can cause nasty injuries.

How we can help

Slips, trips and falls are still the most common form of workplace injury and, only by following Health and Safety guidelines, will the number of incidents start to come down.

However, if you find yourself injured because of one of the above types of accidents, be sure to speak to a recognised personal injury solicitor at the earliest opportunity.

At The Compensation Experts, we work with specialist law firms who have a track record making successful workplace injury compensation claims. We and the firms we work with have a lot of experience in these cases and so, are well-placed to help you get the maximum amount of compensation you are entitled to. After your initial consultation with our advisors, which is done on a free no-obligation basis, we will match you with the firm who best suits the circumstances of your case.

If you decide to progress your claim, your solicitor will collect any evidence to help build the strongest possible case to support your claim. This evidence will be used not only to prove your entitlement to compensation but also to show the extent of your physical and financial suffering to ensure the amount you receive is fair.

Do not hesitate then to get in touch with us via the contact form on our website or by calling 0161 413 8765.

Repetitive Strain Injury (RSI) is an umbrella term for an increasingly common range of injuries that affect the hands and wrists and which are caused by prolonged and repeated movement. Initial symptoms may only initially appear while a certain action is being carried but may include aching, soreness or pain, stiffness, cramp, loss of strength in your hands, throbbing or numbness.

(Please note that RSI is a different condition to Carpal Tunnel Syndrome, which affects the same area.)

Symptoms will usually be mild initially and will not cause you too much concern. However, if left unchecked, these symptoms can gradually develop into severe, potentially constant pain and long-term health issues.

What causes RSI?

Repetitive strain injury is usually caused by damage to the tendons due to prolonged over-use. Poor posture, often related to inadequate working conditions, can also exacerbate tendon damage, leading to RSI. Other contributory factors include cold temperatures, often from working outside or if the office you work in isn’t heated sufficiently, as well as regular contact with vibrating machinery, which can also cause other industrial diseases like Vibration White Finger.

Who is at risk?

Anyone who carries out repetitive movements is potentially at risk from contracting RSI. Office workers who spend long periods of time tapping at computer keyboards often get RSI in their fingers and wrists. Factory workers who spend hours of every day assembling items or carrying out repetitive duties often contract RSI as a result of their work. Construction workers who work outside in cold temperatures, often with vibrating machinery such as drills are also at risk.

What to do if you think you might have RSI

The first step should always be to visit your doctor or GP, who will be able to tell you what steps you need to take to stop your condition worsening. As you will now have been officially diagnosed by a medical professional and this diagnosis will now be a part of your medical records, it also means that your employer will be required to act to help stop the condition getting worse as well.

Your employer’s duty

It should be said though that your employer has a legal duty under the Health and Safety at Work Act 1974 and its subsequent updates to do everything reasonably possible to protect your physical well-being at work. This includes doing everything it reasonably can to prevent you form developing RSI in the first place. If you do then develop any kind of injury or disease, whether it has been caused by the workplace or not, your employer is also required to make reasonable adjustments so that you are able to continue working.

How we can help

If you believe that your workplace environment or your tasks at work increase the risk of you developing RSI, you should first speak to your employer to ask for reasonable adjustments to be made. If these do not occur, and you then develop the condition, then your employer is liable and you may be able to claim compensation from them.

At The Compensation Experts, we work with specialist legal firms who have a proven track record in making successful industrial disease and workplace injury compensation claims. We and the legal firms we work with have a lot of experience in these cases and so, are well-placed to help you get the maximum amount of compensation you are entitled to. After your initial consultation with our advisors, which is done on a free no-obligation basis, we will match you with the firm who best suits the circumstances of your case.

If you decide to progress your claim, your solicitor will collect any evidence to help build the strongest possible case to support your claim. This evidence will be used not only to prove your entitlement to compensation but also to show the extent of your physical and financial suffering to ensure the amount you receive is fair.

Do not hesitate then to get in touch with us via the contact form on our website or by calling 0161 413 8765.

It was interesting to note the coverage the so-called ‘National Sickie Day’ received earlier this week.

While the BBC played it with a very straight bat, other media sources took a more light-hearted approach with both The Sun and The Daily Star focusing their coverage on what they considered to be the weirdest and worst excuses for employees calling in sick.

What the BBC chose to focus on is certainly of concern though, with the broadcaster highlighting a survey showing around 8.6 million UK workers took sick days last year because they found their job “too painful” with 12 million workers going into work while genuinely sick. The survey, conducted by Kantar, was of 1,246 working adults and was then weighed to reflect the wider working population of almost 33 million people.

While you may arguably need to take the researchers’ claims that work culture, colleagues and workloads were to blame with a pinch of salt to an extent given the numerical claims have been weighed, other sources do support such claims, as the latest data from the Health and Safety Executive (HSE) shows that 23.5 million working days were lost in the 2018/19 financial year due to work-related ill health.

It should also be noted that, according to the HSE figures, a further 4.7 million working days were lost in the last financial year due to non-fatal work injuries.

The issue

We would argue then that we have an issue in this country with work-related sickness and injuries. In particular, we would say that the psychological effect of UK workplaces needs to be reviewed – we say that as, when digging down into the HSE figures regarding the number of working days lost, stress, depression and anxiety account for the majority of the 23.5 million days lost last year at 12.8 million. In addition, those on sick leave from work with stress, depression and anxiety are also off for longer, taking 21.2 days off work on average compared to an overall average of 15.1 days off when accounting for all work-related ill health and non-fatal work injuries.

It may also be that the tone taken by the likes of The Sun and The Daily Star – arguably a mocking tone that makes fun of those who call in sick – when reporting on something like a supposed ‘National Sickie Day’ contributes to the issues too. While those articles are clearly aimed at making fun at those people who use frivolous reasons to ‘throw a sickie’, it could be argued that they contribute to a culture in this country where people who take time off work are viewed with an underlaying air of suspicion. Because of this, people – 12 million of them according to the Kantar research – then turn up for work when they are genuinely ill. It is because of this, we would argue, that we have seen a rise in so-called ‘presenteeism’ in the UK in recent years, as people feel they have to carry on even when they are not fit to work as they will otherwise face accusations that they are ‘putting it on’ or are ‘weak’.

It could be said that this kind of attitude, and employers allowing it to flourish, rather than addressing the issues that caused 23.5 million working days to be lost in the last financial year creates a toxic work culture. It also speaks volumes to us that the happiest workforces and most productive economies in the world, such as those in the Scandinavian countries, are those where workers feel they can take time off work when they are sick without fear of persecution or loss of opportunities.

How to reduce workplace illness and injury

We need to get away from this culture of presenteeism and of not dealing with the issues we are facing at work then. If you ignore a problem, it will not go away. Regardless of whether it is a niggling injury caused by your work or negative comments from a colleague that are upsetting you, if you ignore the problem, it will continue to fester and get worse.

For example, if you are in a role that requires manual lifting and you pull a muscle in your back while lifting something that you find too heavy, that pain isn’t going to go away by you then continuing to lift things at work that you find too heavy. The pain is going to get worse and worse to the point that you will need to take time off work and your general quality of life may also be seriously affected too.

Similarly, if your employer allocates you an unreasonable amount of work that you struggle to get through and this causes you undue stress and anxiety, that is not acceptable and something should be said as it will eventually cause you to burn out. In this regard, if you allow your employer to get away with allocating an unreasonable amount of work to you, it will embolden them and makes it more likely to do it with other members of staff too.

Ultimately, employers are legally obliged to take all reasonable steps to protect both their employees’ physical and mental health. If they don’t and it leads to you suffering a workplace injury or work-related illness, including stress, depression and anxiety, then you may be able to claim compensation from them for any medical expenses you incur or loss of earnings you suffer as a result of needing to take time off work.

How we can help

At The Compensation Experts, we work with specialist legal firms who have a proven track record in successful workplace illness and injury compensation claims. Initially, one of our advisors with have a chat with you to find out how you came to be ill or injured. Once this is done, they will advise you whether you may have grounds for a successful claim. As a part of this, we might also obtain medical reports to help determine the strength of your case. This is all done on a free no-obligation basis. If it is felt you may have a successful claim, we will then match you with the firm who best suits the circumstances of your case. This means we and the legal firms we work with are well-placed to help you get the maximum amount of compensation.

If you have suffered a workplace injury, do not hesitate to get in touch with us via our website or by calling 0161 413 8763.

The possible link between football and dementia has been in the headlines again in recent days, with the news that the Scottish FA is considering putting a ban in place on under-12s heading the ball in football training.

Of course, this has been an issue for some time now. For example, Dawn Astle, the daughter of former West Brom striker and England international Jeff Astle, has campaigned tirelessly since his death in 2002 following a battle with dementia.

How football could be causing industrial diseases

The University of Glasgow also announced the findings of a study last year which showed that professional footballers are five times more likely to develop forms of dementia, such as Alzheimer’s, than the rest of society.

Jeff Astle Gates
The Jeff Astle Gates at West Brom’s home ground, The Hawthorns.

Furthermore, the study by the University’s Brain Injury Group found that footballers are also four times more likely to develop motor neurone disease and twice as likely to develop Parkinson’s Disease.

Following the University of Glasgow’s findings, the University of East Anglia (UEA) will now be starting its own research project into the brain health of former footballers.

What particularly piqued our interest when considering these studies and the work that Dawn Astle has done since her father’s death is that, when ruling on the cause of Mr Astle’s death, the coroner recorded the death as being caused by ‘industrial disease’, says the following in his official ruling;

“Jeff Astle was a top footballer who was known for heading the ball … The trauma caused to the front of his brain is likely to have had a considerable effect on the cause of death.”

How clubs and The FA could be liable

A professional footballer is by definition someone who works for the football club they play for. As part of this employment, the worker is required to perfect their use of a piece of equipment – the football. This includes their ability to control and direct the piece of equipment with their head. As the University of Glasgow study, along with the coroner’s verdict into the cause of Mr Astle’s death, demonstrates though, there is a strong argument growing that this requirement is playing a significant role in these workers developing brain injuries compared to the rest of the general population.

Therefore, an argument could be made that, by requiring players to perfect the use of a piece of equipment that has arguably been shown to significantly increased the chances of their staff developing brain injuries later in life, football clubs and The Football Association (The FA) have failed to protect the health, safety and well-being of its workers per its obligations under the Health and Safety at Work Act and other legislation related to the working environment.

It may be the case then that these studies and their findings lead to former players and their families making claims against their former clubs, along with bodies like The FA, the Professional Footballers’ Association (PFA), the Premier League and The English Football League, for causing them to sustain a head injury due to the nature of the work. This argument is made stronger by the fact that, prior to the corner’s ruling into Mr Astle’s death, the PFA and the FA began joint research in 2001 which, over a 10-year period, would study the impact heading a football on the brain. Therefore, it could be said that both The FA and The PFA knew that heading a football could have an adverse effect on the brains of players. However, they did not take any precautionary measures while the possible link was being investigated.

If the findings of the UEA study support the findings of the University of Glasgow’s Brain Injury Group then, this could potentially put The FA and the PFA in a tricky spot for not taking action sooner when their commissioning of joint research in 2001 shows that they knew there could be an issue.

This also applies to all employers

The same is true of any employer – if an employer knows that there is a potential risk of a piece of equipment its employees are required to use causing any kind of industrial disease, but nothing is done to protect the employees from the potential of harm, that employer is liable if any of its employees then develops an industrial disease later in life.

Industrial diseases that affect the brain are particularly life-changing and can have a dramatic effect on both the sufferer. For example, prior to his health declining, Jeff Astle had made regular appearances on the BBC show Fantasy Football League due to his status as a cult footballing hero for West Brom; the club supported by the show’s co-presenter, Frank Skinner. However, this was not possible once Mr Astle became ill, as he was unable to look after himself and needed to be cared for, and so, could not continue with his post-footballing career running an industrial cleaning business and making media appearances, meaning that he also suffered loss of earnings as well as a loss in his quality of life.

Why this is relevant to you

The same is sadly true for many others who have sustained a head injury or who have a disease which affects the brain, such as dementia or motor neurone disease.

In turn, the injury or disease can also adversely affect those close to them suffering too. For example, family members often cannot afford the cost of around-the-clock care and so, instead have to take on the role of carer themselves. This can then lead to family members also suffering a loss of earnings too.

Therefore, when claims are brought against employers due to head injuries and industrial diseases affecting the brain that were a result of negligent working practices, the level of compensation awarded can be significant as it needs to take into account the physical, psychological and financial cost the injury or disease has caused in the form of General and Special Damages. This will include the cost to the sufferer’s family too.

How we can help

At The Compensation Experts, we work with specialist legal firms who have a proven track record in making successful head injury and industrial disease compensation claims. We and the legal firms we work with have a lot of experience in these cases and so, are well-placed to help you get the maximum amount of compensation you are entitled to. After your initial consultation with our advisors, which is done on a free no-obligation basis, we will match you with the firm who best suits the circumstances of your case.

If you decided to progress your claim, your solicitor will collect any evidence and may contact any witnesses to help build the strongest possible case to support your claim. This evidence will be used not only to prove your entitlement to compensation but also to show the extent of your physical, emotional and financial suffering to ensure the amount you receive is fair.

With the right legal support, the vast majority of industrial compensation claims are resolved without the need to go to court, saving you both money and time. If your employer refuses to accept liability or you can’t agree on an acceptable amount of compensation, the solicitor may recommend you submit your claim to court. This action needs to be taken within three years of the date of the injury being suffered or when your symptoms were linked to your job. Negotiations will continue even when a court date has been set, and it is not uncommon for an agreement to be reached hours before a claim is due to be heard in court.

If you or a family member have suffered a head injury at work or believe that a disease affecting the brain has developed due to the working environment you or your family member was in, you may be entitled to compensation.

Do not hesitate then to get in touch with us via the contact form on our website or by calling 0161 413 8765.

If you’re suffered a workplace injury, the prospect of claiming compensation from your employer for any medical expenses you’ve incurred along with such things as the loss of earnings you incurred while away from work recuperating or being treated can be very daunting.

The physical, emotional and financial costs of suffering a workplace injury can be significant and life-changing though. You cannot be expected to bear that cost, particularly when your employer has a duty to protect you when you are working for them per the Health and Safety At Work Act 1974. This includes protecting you from physical harm as well as protecting your mental health. Your employer is also liable if you are assaulted, harassed or bullied while working for them too, although these cases can be very difficult to prove.

In the first instance, you should speak to your employer informally and see if it is possible to resolve the matter amicably by them covering any costs you have incurred. On this, as Citizens Advice rightly points out, depending upon the details of your Contract of Employment, you may be entitled to full contractual sick pay to cover any loss of earnings while you are away from work due to injury too.

However, if you have suffered any kind of workplace injury and your employer is unwilling to cover the costs, you should consider making a claim.

Before making a claim…

You should do the following;

  • Make a note of exactly what happened. For example, the time, date and place that the injury occurred. If the claim is as a result of you suffering an industrial injury that became apparent over time, such as Repetitive Strain Injury or Carpal Tunnel Syndrome, we realise it can be difficult to remember the exact dates you started to use machinery or other equipment that caused the injury. In this situation, do your best to remember the approximate dates – month and year, for example. Furthermore, make a note of anyone who witnessed you suffering the injury and ensure you have contact details for them. On this, it is a good idea to have a personal telephone number or email address for them rather than their work contact details.
  • Collect as much evidence as you can. For example, photographs of the hazard that caused the injury and how the scene looked at the time, as well as photographs of any physical injuries you sustained. This is particularly pertinent if you have slipped on a wet floor and no warning signage had not been put out, for example.
  • Visit your GP as soon as you can after sustaining the injury – not only can they treat your injury or refer you to a specialist if needed if the care needed is non-urgent, but they can also record the details of your injury and the severity of it in your medical records. Of course, if you need urgent care after suffering a workplace injury, you should visit A&E, where the details and severity of your injury would also be recorded.

It is also important to check your Contract of Employment before making a claim too, as it should contain a section on workplace disputes and the company’s policy for resolving them. We highlight this, as your employer may argue that any claims you look to make as a result of a workplace injury would constitute a ‘dispute’. For example, it may be that your employer’s policy is that any disputes have to be resolved through mandatory arbitration. You should seek legal advice before making any workplace injury claim, but, if arbitration is mandated, it is particularly important that you seek legal advice before entering arbitration, as the result of an arbitration hearing is legally binding and it is unlikely that you would be able to appeal the decision.

How we can help

At The Compensation Experts, we work with specialist legal firms who have a proven track record in successful workplace injury compensation claims. Initially, one of our advisors with have a chat with you, asking you for the details of how you came to be injured. Once this is done, they will advise you whether you may have grounds for a successful claim. As a part of this, we might also obtain medical and industry expert reports to help determine the strength of your case. This is all done on a free no-obligation basis. If it is felt you may have a successful claim, we will then match you with the firm who best suits the circumstances of your case.

What your solicitor will do

If you do then decide to proceed with a case against your employer, the solicitor working on your case will contact any witnesses and will collect as much evidence from you and other sources as possible. This is to help them build the strongest possible case to support your claim. Any witnesses should not be concerned about having to speak out publicly though, as it may be that the other evidence is enough to prove the case.

This evidence and any witness statements will be used not only to prove your entitlement to compensation but also to show how you have been affected physically, emotionally and financially as a result of being injured in the workplace. In turn, this will mean the amount you receive is fair and reflects the severity of the injury you sustained. It should also be said that the majority of workplace injury claims are usually settled without the need to go to court too.

How your employer will respond

Once they has looked through the details of your case and carried out their investigation, your employer’s insurance company will either make a compensation offer or will deny that they are liable. You should be aware that offers at this stage are usually lower than they should be. The solicitor’s role is to advise you how good the offer is and if you choose not to accept it, negotiate with the other side to arrive at an acceptable level of compensation.

If the employer refuses to accept liability or you can’t agree on an acceptable amount of compensation, your solicitor may recommend you submit your claim to court. This action needs to be taken within three years of the date of the injury being suffered or when your symptoms were linked to your job. Negotiations will continue even when a court date has been set, and it is not uncommon for an agreement to be reached hours before a claim is due to be heard in court.

How workplace injury compensation is decided

Levels of compensation decided by the courts are not plucked out of thin air either. They are calculated by looking at General and Special Damages;

  • General Damages consider the physical and psychological wounds you have suffered, as well as what the likelihood of recovery is. Additionally, General Damages would also include the wages you have lost while recovering from the injury.
  • Special Damages, meanwhile, consider any financial expense caused by your injury, including the cost of prescriptions, private medical care and any additional nursing or care support you have needed. You will need to prove you have incurred these costs though, so make sure you keep all your receipts. If you are not sure whether an expense is covered under Special Damages, ask your solicitor before spending the money. In addition, Special Damages may also include compensation for future lost earnings if the injury is so severe you are unable to continue working in the same role.

According to the latest figures for 2018/19 released by the Health and Safety Executive late last year, 1.4 million working people in the UK are suffering from a work-related illness, with 69,208 injuries to employees being reported in the last year. Clearly then, workplace accidents and industrial injuries are unfortunately far more commonplace than they should be. This means we and the legal firms we work with have a lot of experience in these cases and so, are well-placed to help you get the maximum amount of compensation.

If you have suffered a workplace injury, do not hesitate to get in touch with us via our website or by calling 0161 413 8765.

It’s that time of year again when employers begin to recruit seasonal staff to cover the busy Christmas and New Year period. However, we tend to think of it as seasonal industrial injury season, due to the influx of new workers in a pacey atmosphere.

In particular, large-scale dispatch centres operated by the likes of Amazon and Hermes will be taking on additional staff. Their goal is to cope with the rise of demand in the run-up to Christmas. Especially as people order presents for, and send packages to, friends and relatives.

Those who live close to a large dispatch centre or warehouse are surely well aware of this. You may have seen adverts in your local area looking for warehouse operatives, delivery drivers and the like.

Regular versus Seasonal Industrial Injury Rights

Indeed, there are differences between the range of employment rights for full-time employees of a company. Especially depending upon their length of service and those granted to temporary seasonal staff, industrial and workplace safety legislation, such as the Health and Safety at Work Act, protect everyone in a workplace regardless of their employment status.

Put simply, it is against the law for your employer not to follow the legislation. Therefore, ignorance of their obligations towards employees is not an excuse.

As a result, employers take on additional staff to cover seasonal demand during busy periods. But it’s absolutely imperative they ensure these temporary staff members still receive full training. Especially if they use any machinery as part of the role. Moreover, the employer must ensure employees are fully aware of all workplace health and safety processes.

Working in warehouse and factory environments can be particularly dangerous and fraught with potential health and safety hazards. These workplaces can be noisy, and they also feature-heavy industrial machinery.

Moreover, there’s also the issue of pace in these working atmospheres. In short, they engender a work environment that’s particularly fast. In essence, there are multiple people moving around on a regular basis, some of whom could be driving fork-lift trucks, too.

Typical examples of industrial injuries

In essence, examples of season industrial injuries can include the following.

  • Electric shock;
  • Eye injuries;
  • Head and brain injuries;
  • Fractured bones and dislocated joints;
  • Back and spinal damage;
  • Muscle strain;
  • Slips, trips, and falls;
  • Falls from height;
  • Exposure to dangerous substances, and;
  • Chemical burns.

Truly, it’s your responsibility to ensure you operate any machinery as you have been trained and in a safe and responsible manner. However, the employer has a responsibility to make sure you:

  • receive that training;
  • fully understand it and;
  • are capable of carrying out your tasks accordingly.

Therefore, if you do suffer an industrial injury while working in a seasonal role; and we can prove that your employer fails in their responsibilities; you can pursue compensation.

Turn to a seasonal industrial injury law specialist

Specifically, seasonal industrial injury claims are a specialist area of personal injury law. It’s also worth knowing that the damage from an industrial injury may not be clear until years after. For example, the development of industrial deafness or an asbestos-related disease can take a long time to become apparent.

At The Compensation Experts, we work with specialist law firms with a proven track record in industrial injury compensation claims. After your initial free consultation with our advisors, we’ll match you with the firm who suits your case best.

With your own specialist solicitor working on your case, you’ve got a partner. That means a fully dedicated service with a commitment to your unique seasonal industrial injury claim.

Obtaining Experts Reports for Seasonal Industrial Injury Claims

As experts, the solicitors we collaborate with also know that there is always a wealth of areas to cover. From medical specialists to the industrial line of work you’re in, it’s always wise to tap that knowledge for your case. Accordingly, we seek to strengthen your case with their expert testimony.

We’ll also obtain medical and industry expert reports if needed to help advise you on the strength of your case. If you do then decide to progress your case, your solicitor will commence with putting your case together.

  • They collect any and all evidence;
  • If possible, contact any available witnesses, and;
  • We’ll also go over the case with you regularly, especially when it comes to new information.

We do all of this in order to help us build the strongest possible case for your compensation claim to succeed. This evidence aims to do several things to ensure the amount you receive is fair.

  • Prove your entitlement to compensation, and also;
  • Show the extent of your physical, emotional and financial suffering.

Next, they look through your claim request and carry out their investigation. Then, your employer’s insurance company will either make an offer of compensation or will deny liability. Please be aware that offers at this stage are usually low. Especially if you compare them with the results of other recent settlements.

The solicitor’s role is to advise you how good the offer is. Then, if you don’t accept it, negotiate with the other side to find an acceptable level of compensation.

Seasonal industrial injury claims are on the rise.

What kind of compensation amounts are we talking about here?

Compensation amounts are not plucked out of thin air. They are calculated by looking at General and Special Damages.

General Damages account for the physical or psychological trauma you suffer, including your prognosis for recovery. Additionally, they will also include the wages you have lost while recovering from an injury.

Special Damages, meanwhile, account for any financial expense caused by your accident. This can include

  • Paying for prescriptions;
  • Obtaining reasonable private medical care, and;
  • Costs for any additional nursing or care.

You’ll need to prove that you incur all these costs too, so be sure you keep all your receipts.

But if you’re not sure if Special Damages covers an expense, ask your solicitor. In addition, Special Damages may include compensation for future lost earnings. Particularly if the injury you suffer is so severe you are unable to continue working in the same role.

With the right legal support, most industrial compensation claims find a resolution – all without the need to go to court. As a result, you’ll be able to save yourself both money and time through negotiation.

But your employer might refuse to accept liability, or you can’t agree on an acceptable amount of compensation. If so, the solicitor may recommend you submit your claim to court.

This action needs to happen within three years of the date of the injury*.

Negotiations will continue even when they set a court date has been set. Accordingly, it’s common to reach an agreement hours before the court hears the merits of the claim.

Illness claims over 1 million workers a year

The latest figures for 2018/19 from by the Health and Safety Executive paint a telling picture about the claim. In all, 1.4 million working people in the UK suffer from a workplace illness. In addition, the report lists 69,208 injuries to employees n the last year.

Clearly then, workplace accidents and industrial injuries are unfortunately far more commonplace than they should be. Because of this, we and the legal firms we work with have a lot of experience in these cases.

In short, we’re capable of helping you get the maximum amount of compensation you deserve.

If you have suffered an industrial injury, do not hesitate to get in touch with us via our website or by calling 0161 413 8765.

*Also, when they definitively determine that the blame for your symptoms falls on your job.

Man Blinded by Chemical Accident

It has been recently reported that a man has been left permanently blinded due to a corrosive chemical. The incident happened whilst he was cleaning however he was provided with a faulty pump sprayer causing the chemical DM CiD (a substance commonly found in disinfectant) to burst into his face and eyes. The incident occurred on a farm in North Dean, Buckinghamshire, subsequently the business was fined £8,000 and has been ordered to pay around £12,000 in costs.

This is only one of many incidents which occur across the UK. As the incident is so serious The Compensation Experts team have decided to highlight the potential chemical hazards in a workplace and how we can help if this happens to you.

Potential Chemical Hazards

Workers face a sizeable risk when working with dangerous chemicals if, for example, the equipment provided by a company is faulty. In many cases, this is the primary cause of chemical accidents. Due to the high risk of serious injury to a person for chemical-related accidents, it is very important to have emergency services available as a top priority for a business owner. Whilst direct contact with dangerous chemicals is a big risk factor for chemical accidents, there are various other scenarios which create potential chemical hazards. Improperly stored chemicals pose a leakage threat for workers whilst asbestos can always be present on construction sites where a building is being demolished or renovated.

All of these situations can have a detrimental effect on health and wellbeing. They can cause conditions and issues such as the following:

  • Asbestosis
  • Lung cancer
  • Brain damage
  • Chemical burns
  • Heavy metals poisoning
  • Nerve damage
  • Death

Fortunately, there are ways of preventing such incidences from occurring by using personal protective equipment (PPE). When working with chemicals it is vital to protect yourself hence items of PPE should be worn at all items. Some of these are items such as gloves, chemical resistant coveralls, protective boots. There is a lot more PPE available, however, even these cannot always prevent accidents and injuries from occurring.

When chemical accidents occur, it is imperative to report them to your boss/manager and seek appropriate support. If you are alone you must get medical attention immediately. In order to see if you are eligible for compensation regarding a work-related injury involving a hazardous substance, the best option is to seek guidance from compensation experts such as ourselves.

The Compensation Experts

We work with some of the leading solicitors in the UK and can assist you if you are thinking of claiming for compensation. We work on a strict no win, no fee basis which means that you are risk-free and not financially obligated when initially making a claim. This allows you to make a claim for the compensation that you deserve.

If you have suffered an injury relating to a chemical accident and you would like to explore your options for compensation, contact us today for a free consultation to explore your eligibility to make a claim. Call us on freephone: 0161 413 8765

With any fall at work claim, clients ask “What are my rights after I have a fall at work?”

Any accident which occurs during the course of your everyday life can be traumatic. However, one which occurs at your place of work can have a profound effect on your attitude to your job. It can leave you feeling vulnerable and unprotected in your working life. In reality, you should instead feel comfortable and confident.

Not having apprehensions about returning to work.

Some fall at work negligence examples

If your employer is guilty of any of the following, we recommend that you seek professional advice regarding your rights to a claim. Specifically regarding the failure of an employer to:

  • Maintain the necessary health and safety standards in the workplace.
  • Provide adequate training.
  • Supply the correct equipment in order to conduct your job safely and without injury.

With a fall at work, your rights remain the same as any other accident or incident within the workplace. That is if the fall is a direct result of your employer’s negligence.

Does Your Employer Use an Accident Book?

Even if you’re in a relatively small workplace, the employer needs to have an accident book on site. According to Citizens Advice, it’s imperative:

If the company or organisation you report your accident to has more than 10 employees, they must record it in an accident book. It’s a good idea to make sure it’s been done. You can ask your manager to check.

But even if you aren’t seeking maximum compensation for an injury at this moment, talk with management about this. Those environments we’d never deem to hazardous might still lead to a slip, trip or fall. If so, it’s best to be ready to follow proper procedures for an accident.

Trust in a fall at work claim solicitor

Seeking the guidance and advice of a professional solicitor, such as the accident-at-work specialists at The Compensation Experts, is crucial. We find it’s integral that every client understands their rights regarding a workplace fall. Taking legal advice as soon as you’re able means your solicitor can:

  • best advise you on what evidence and information to collect in order to build a case;
  • put your claim in a better position to succeed.

What Does a Fall at Work Claim Involve?

During a claim, you will need to be able to prove lawfully that the fall at work:

  • was not your fault, and;
  • that it was a direct result of your employer’s failure in meeting regulatory standards.

This is why it is crucial to take action as soon as you can after your fall, due to the lengthy process of legal proceedings.

If your employer denies culpability, then you have the right to begin litigation proceedings. This means the claim process is longer, but it might be necessary. Investigating as soon as possible is paramount in order to gain a court date for a claim within the time limit of three years.

Sectors that susceptible to slips and falls

Those who fell at work and make an accident claim can come from any line of work. Nevertheless, some industries are more fertile ground for a personal injury claim that others.

A 2017 UNISON paper offers some insights into some of the more dangerous sectors for someone who slipped and fell. If you work in these sectors, a personal injury solicitor may come in handy regarding a claim for compensation.

Catering

From UNISON:

Catering is a high-risk area for STFs. Leaks and spills, poorly placed items, floors in poor condition, or ineffective or inadequate cleaning lead to STFs being the major cause of workplace incidents in catering. With sharp tools in use, hard surfaces, and plenty of hot liquids and surfaces; the consequence of an STF can be far greater than usual.

Office Environments and Education

Indeed, the office workplace is also a veritable tripping zone. For accident at work claims in education and offices, compact spaces with dense populations can get hazardous. Regarding such environments, suffering an injury (including head injuries) make anything possible. UNISON says this:

A slip or trip within an office environment can lead to a far more serious injury or death if, for example, you fall against a corner of a desk or down some steps or stairs. Within the education sector, structured timetables see large volumes of staff and pupils or students move around at the same time. (Thus) increasing the potential for slip and trip incidents.

Healthcare

These days, healthcare industries are particularly vulnerable for many reasons. Bear in mind that was the case even before COVID-19 became part of the everyday lexicon. But with urgent workers moving about briskly, yet at the same time co-existing with infirm & vulnerable patients moving at their own pace, slips, trips and falls are rampant.

Long term injuries could add insult to (another) injury, too. Says UNISON:

STFs are the main cause of accidents to workers and patients in the healthcare sector. (They) account for around 50% of serious injuries to employees.

We talk at length about what kinds of incidents constitute slips, trips or falls here. Now, from that same blog post,

Slips

For a workplace environment, a ‘slip’ constitutes whenever your feet lose grip on the surface you’re standing or walking on. This may be due to:

  • wet floors;
  • a recent polishing of the floor or;
  • because a rug isn’t secure to the ground.

Trips

Trips come down to either uneven surfaces or ineffective lighting, causing an unintended spill on your part.

For example, your workplace has clutter all over the floor. For whatever reason, you stumble over and (making matters worse) injure yourself, too. In this hypothetical scenario, you’ve suffered a trip in the workplace that your employer would be liable for.

Falls

Finally, we come to the falls scenario. Here, we list a hypothetical fall example.

You’re using a small stepladder to help a colleague hang something on the office wall. However, the stepladder is wobbly and dangerous to use. As a result, either you or your colleague sustains an injury as a result. While this may seem inconsequential, it is worth remembering that even a fall from a few inches can cause nasty injuries.

What Can I Claim For With Slip and Fall Incidents?

You have the right to claim for loss of earnings because of time off work to recover from a slip, trip or fall. In a more serious case, this could involve a concussion, or possibly wounds that need additional time to heal. Perhaps you’ve lost a significant amount of income which statutory sick pay won’t adequately cover. Accordingly, you have every right to claim that money back.

You also have the right to claim money back for any expenses you accrue during your recovery time. This includes prescription costs, the transport costs when travelling to medical appointments or the hospital, and any general medical expenses needed after the fall. With this in mind, it’s important that you keep any and all receipts to prove these expenses and discuss them with your solicitor.

To further discuss your rights, speak to The Compensation Experts’ professional advice team. Reach out and see how we can help you start a claim.

There are many categories when it comes to work injury claims, and injuries sustained during work in an office environment is one of them. It’s easy to think of workplace injuries to be more in physical lines of work, such as manual labour, where accidents are more likely, but no matter where your work is based, an employer has a legal obligation to manage your safety, and this includes the office environment.

The following are important details regarding any claim made relating to an office injury.

What Counts as an Office Injury?

The types of injuries which are relevant towards a claim are as follows:

  • Repetitive strain injury. This is an injury most suffered by office workers, due to the long hours spent sitting at a desk, usually typing and using their hands in the same way for hours on end. This injury involves pain felt in the muscles, nerves, and tendons.
  • Any injury sustained from a wet floor. If the floor is not properly signposted to signal a hazard and you have fallen or slipped, any subsequent injury is relevant.
  • Any strain caused as a result of an incorrect procedure. This includes back strain from lifting objects which you have not been properly trained to lift.
  • Eye strain from overuse of laptops or VDUs.
  • Being injured as the result of a fallen object.
  • An injury sustained from faulty equipment. An example would be an electric shock; even if it is an injury from a faulty kettle in the break room, that equipment is still the responsibility of your employer.
  • Carpal Tunnel Syndrome. This is caused by excess pressure on the nerve in your wrist and can be exacerbated by typing at a desk for long periods with your wrists in the same position.

Check Your Responsibilities as an Employee

It’s important before making any claim that you are sure you have done everything expected of you as an employee in regards to health and safety. For example, if your employer has provided you with the best equipment to limit eye strain or repetitive strain injury, and you have chosen to not use it regularly or else have been misusing it, then this means your employer is not fully liable for the subsequent injury. If you know that you have fulfilled everything required of you as an employee and your injury is a direct result of your employer alone, then you are eligible to speak to an advisor about a claim.

What’s Involved?

Once the claim has been confirmed, the procedure will be as follows:

  • Gathering proof of the nature and extent of the injury. This could be obtaining medical records, checking the employer’s accident book, or potentially an independent medical assessment.
  • Proving that the injury was not unavoidable or a matter of chance. This is important, as it means being able to prove that the injury would not have occurred naturally, and is a direct result of the neglected work environment.

Speak with the team at The Compensation Experts for further advice.

A Glasgow firefighter has been awarded £1.5m in damages after an injury caused by faulty cutting equipment led to the amputation of his hand.

In 2014 Ian McDonald was taking part in a training exercise at Bishopbriggs fire station in East Dunbartonshire. The exercise involved simulating a rescue from a car accident. Mr McDonald was using hydraulic cutting equipment which malfunctioned and let out a jet of toxic hydraulic fluid at high pressure. The jet was so strong that it pierced his leather safety gloves and the liquid destroyed tissue in his hand.

Describing the incident, Mr McDonald said: “I had no idea what was going on – my hand felt like it was on fire and was swollen with a painful throbbing feeling… when blood tests revealed I was poisoned, we realised something happened with the cutting gear.”

Mr McDonald went through 4 years and 40 operations in a fight to save his hand. While medical specialists at Glasgow Royal Infirmary amputated the little finger with his ring finger being removed a year later.

“My dexterity remained pretty good, but the pain was agonising, and nothing would stop it. When I heard the full hand had to go, the idea of being pain-free made it easier to accept.”

Having tried numerous painkillers, botox and acupuncture, in June 2018 he was admitted to Queen Elizabeth University Hospital to have his right hand amputated at the wrist. The procedure took 18 days and six surgeries. Mr MacDonald now uses a prosthesis.

Solicitors conducted an investigation which found that there had been an inadequate system of maintenance and safety inspections.

An investigation into the incident by the solicitors revealed that, although the Scottish Fire and Rescue Service knew about the potential risks involved, there was an inadequate system of inspection and maintenance for equipment. In addition, protective coverings which would have prevented the injury were not in use.

Solicitor, David Nellaney, said: “The SFRS is undoubtedly a safety-conscious organisation that provides an invaluable service, but on this occasion, it failed in its duty of care to an employee.”

While Mr McDonald was offered legal representation, he chose his own lawyers to access a specialist prosthetic, instead of a “hook” which was being offered by the NHS.

Mr McDonald added: ” I’ve still a way to go, but after the support of my family, the doctors and colleagues I finally feel like the dark days are behind me.”

Mr McDonald has four children and is recovering at home with his wife Claire currently.

The deputy chief officer of SFRS, David McGown, said commented that it was, “extremely heartening to see that he continues to make a strong recovery”.

He also added: “Following a robust investigation into Mr McDonald’s injury, we undertook a review of equipment and related safety checks and have taken appropriate steps to minimise the risk of similar incidents happening in the future.”

If you have would like to discuss a similar accident or have been affected by this story, then it is in your best interest to get in contact with us at The Compensation Experts where we can discuss your legal issue and help you to make a claim.

With an office injury, the rights of the individual are definitely worth knowing and understanding. It’s a more common occurrence, too: nearly 30 million work days in the UK were lost due to injury in 2018-19.

Certainly offices are generally safer than areas in which you have to commit to manual labour tasks. But these days, offices still have common workplace injuries that you should be aware of. This guide will help those suffering injury in the office to know their rights. In addition, it will explain how you can prevent some of the most common workplace injuries.

What are the Most Common Office Injuries?

Repetitive strain injuries include muscle, tendon sprains and vision hindrances. These often happen through the intensive use of certain body parts. For instance, you may get wrist pain if you are typing for extensive periods. Alternatively, you might also suffer eye strain from using the computer for lengthy amounts of time. To prevent these, you should adjust your workstation to your own needs. For instance, by adjusting the angle of your keyboard or turning down the brightness on your computer, if possible.

Sprains and fractures often happen in the workplace by falling, tripping, or slipping. Moreover, many of these sprains and fractures are reasonably avoidable. Especially with better health and safety precautions. To prevent these, you should ensure that your workplace has:

  • thorough health and safety regulations and;
  • full awareness of your surroundings at all times.

Not only this, but you should ensure that communal areas are left tidy. Moreover, signs are clearly left if a floor or surface is slippery or dangerous.

What Are Your Office Injury Rights?

As a worker, you have the right to make an injury at work claim against your employer if they are at fault for causing your injury. You also have the right to get medical attention immediately for any injury that you contract in the workplace.

Additionally, you have the right to get compensation for your injury and have time off work in order to recover. However, you also have the right to return to your workplace without harassment when you recover from the injury. In terms of your legal rights, you also need legal representation to appeal any court decisions made in injury cases.

What Should You Do in the Event of Injury?

If you have sustained a workplace injury at the fault of your employer, you should seek a solicitor who can discuss your claims at work and help you to gather the appropriate evidence in order to gain compensation. You should also request your medical records so that you have proof of your symptoms and their causation.

In short, this will make your case stronger in court even if your injury heals quickly. Solicitors will be able to guide you through your work accident claim UK according to your individual situation and help you to begin a  court case if necessary, and if your employer fails to accept the liability or the terms of your compensation claim.

Although making an injury at work claim is fairly common, by following this guide, you will ensure that you know your rights and that the process can cause as least stress for you as possible.