Injured Back??

comercrawley

the personal injury lawyers

Your questions answered……

Question:  I recently injured my back as a result of lifting something heavy at work.  Please can you advise me about pursuing a claim for compensation?

Answer:  To successfully pursue a claim for compensation you will need to prove that your back injury was caused by your employer’s negligence or breach of statutory duty.

The Manual Handling Operations Regulations 1992 place a number of duties upon an employer.  The primary duty is for employers, so far as is reasonably practicable, to avoid the need for employees to undertake any manual handling operations (which is defined as any transporting or supporting of a load by hand or by bodily force).  Where this can’t be avoided, the employer is then under a duty to carry out a risk assessment in respect of that task and to take appropriate steps to reduce the risk of injury.  The employer must also provide the employee with certain information concerning the task and to provide appropriate training.  Where there is a breach of the Regulations which causes an injury, this gives rise to a civil claim for compensation.

There is also potential liability under the common law duty of care which employers owe to their employees in negligence which includes a duty to provide safe equipment and a safe system of work.

The issues will therefore be firstly whether your employer should have provided equipment to prevent you from having to lift the item by hand.  Thereafter, it will be a question of investigating whether your employer carried out a sufficient risk assessment in respect of the task and provided you with sufficient information and training.  The relevant factors will include the size and weight of the load, your gender, height and general build, and how the item needed to be lifted.  

It will be necessary to obtain medical evidence to prove that your back injury has been caused by lifting the item.  This will involve seeing a medical expert (often a Consultant Orthopaedic Surgeon).  The expert will consider, amongst other things, the nature of the injury and whether there is anything in your past or present medical history which may be relevant to the injury (this is often the case with back injuries as people sometimes have a pre-existing condition).  Where this is the case, it will tend to not prevent compensation being claimed but instead may limit the value of the injury claim.

Finally, it is worthwhile mentioning that your employer is likely to be insured in respect of any claim that you pursue, through their employer’s liability insurance policy. 

If you have a question for our legal advice team you can submit it by email: enquiries@comercrawley.co.uk or in writing to:  Chancery House, Victoria Road, Diss, Norfolk IP22 4HZ.

Claiming on benefits...

comercrawley the personal injury lawyers Your questions answered…… Question:  I have had an accident and am considering making a claim for compensation.  I am concerned however that if I receive compensation it may mean that my benefits get stopped.  Could this happen? Answer:   There is a risk that this could happen but there is a way that it can be avoided. The risk only applies to state benefits that are means tested, examples of which areIncome Support, Housing Benefit and Council Tax Benefit.  Certain benefits are non means tested (such as Incapacity Benefit, Disability Living Allowance and Child Benefit) and there is no risk of these being affected by the mere fact of receiving compensation. For means tested benefits, there are financial eligibility limits including those relating to capital.  What needs to be considered is whether, by receiving the compensation payment, it may take you above a limit that will mean that either your benefit is reduced or stopped altogether.  This will depend on a number of factors including how much compensation you will be receiving, what other capital you have and what the financial limits are for that particular state benefit.  Anycapital that your partner has may also be taken into account. It is possible however to prevent benefits from being affected by setting up aPersonal Injury Trust and paying the compensation directly into an account specifically set up for the trust.  The Benefits Agency must still be informed of the change in your circumstances but upon being advised that the compensation has been paid into a Personal Injury Trust, should disregard that capital in their assessment of your means so far as your benefit entitlement is concerned. Your solicitor will be able to advise you as to whether a Personal Injury Trust is advisable in your case and, if so, to explain what is involved in setting up a Trust and how to go about doing this. The fact that it is possible to protect your entitlement to benefits means that the fact that someone may be in receipt of a means tested state benefit should not deter them from pursuing a claim for compensation.     If you have a question for our legal advice team you can submit it by email:enquiries@comercrawley.co.uk or in writing to:  Chancery House, Victoria Road, Diss, Norfolk IP22 4HZ.

Back Injuries...

comercrawley

the personal injury lawyers

Your questions answered……

Question:  I recently injured my back as a result of lifting something heavy at work.  Please can you advise me about pursuing a claim for compensation?

Answer:  To successfully pursue a claim for compensation you will need to prove that your back injury was caused by your employer’s negligence or breach of statutory duty.

The Manual Handling Operations Regulations 1992 place a number of duties upon an employer.  The primary duty is for employers, so far as is reasonably practicable, to avoid the need for employees to undertake any manual handling operations (which is defined as any transporting or supporting of a load by hand or by bodily force).  Where this can’t be avoided, the employer is then under a duty to carry out a risk assessment in respect of that task and to take appropriate steps to reduce the risk of injury.  The employer must also provide the employee with certain information concerning the task and to provide appropriate training.  Where there is a breach of the Regulations which causes an injury, this gives rise to a civil claim for compensation.

There is also potential liability under the common law duty of care which employers owe to their employees in negligence which includes a duty to provide safe equipment and a safe system of work.

The issues will therefore be firstly whether your employer should have provided equipment to prevent you from having to lift the item by hand.  Thereafter, it will be a question of investigating whether your employer carried out a sufficient risk assessment in respect of the task and provided you with sufficient information and training.  The relevant factors will include the size and weight of the load, your gender, height and general build, and how the item needed to be lifted.  

It will be necessary to obtain medical evidence to prove that your back injury has been caused by lifting the item.  This will involve seeing a medical expert (often a Consultant Orthopaedic Surgeon).  The expert will consider, amongst other things, the nature of the injury and whether there is anything in your past or present medical history which may be relevant to the injury (this is often the case with back injuries as people sometimes have a pre-existing condition).  Where this is the case, it will tend to not prevent compensation being claimed but instead may limit the value of the injury claim.

Finally, it is worthwhile mentioning that your employer is likely to be insured in respect of any claim that you pursue, through their employer’s liability insurance policy. 

If you have a question for our legal advice team you can submit it by email: enquiries@comercrawley.co.uk or in writing to:  Chancery House, Victoria Road, Diss, Norfolk IP22 4HZ.

Your Questions Answered...

comercrawley

the personal injury lawyers

Your questions answered ……

Question:  I have been told that if I pursue a claim for compensation I must agree for my entire medical records to be disclosed.  This is putting me off making a claim as I don’t want, say, an insurance company to know my personal medical history.  Is this true?

Answer:  It is true that someone pursuing a claim for compensation needs to be agreeable to their medical records being disclosed.  This includes general practitioner records and records relating to any relevant treatment such as hospital or physiotherapy.  It is also true that all of a claimant’s GP medical records need to be disclosed and not just those that relate to the treatment that s/he has received in connection with the injuries to which the claim relates.

The reason why all of the medical records need to be obtained is because the medical expert who prepares the report on the claimant’s injuries needs to be in a position to report fully on the injuries suffered.  As part of this process, the medical expert needs to consider whether there is anything in the claimant’s medical history which may be relevant.  This includes whether the claimant has had any similar problems in the past (for example, in the case of a back injury, whether the claimant has had any problems previously with his/her back).

The fact that all of your medical records would need to be obtained should not however put you off pursuing a claim for compensation.  The medical expert will only include in the report information which is relevant to the claim.  Consequently you do not need to be concerned that personal information in your medical records which is irrelevant to your claim will be included in the report.

Finally, it is important also to mention that those who have had sight of your medical records are required to treat them entirely on a private and confidential basis.

If you have a question for our legal advice team you can submit it by email: enquiries@comercrawley.co.uk or in writing to:  Chancery House, Victoria Road, Diss Norfolk, IP22 4HZ.

Motorbike Accidents

comercrawley

the personal injury lawyers

 Your questions answered ……

Question:  I recently had an accident when the front wheel of my motorbike went into a pothole.  I lost control of my bike and ended up with a broken arm.  Can you please advise me about making a claim for compensation.

Answer:  This is quite a topical subject with the large amount of potholes having developed or become worse following the recent cold and snowy weather conditions.

The starting point in terms of advising you is to establish whether the pothole was on land which is publicly or privately owned (or, more specifically, maintained). 

Most pothole claims arise from accidents that occur on public roads and in such cases the claim is normally made to the local authority who are responsible for maintaining the road at public expense. 

The first thing that will need to be proven is that the size of the pothole (and most importantly its depth) was such that it constituted a hazard that should have been repaired.  Photographs and measurements of the pothole are therefore important.

The next stage effectively involves proving that the council were either aware of the hazard or should have been aware of the hazard through their system of carrying out regular inspections of the highway.  Thereafter the council should act within a reasonable timescale in terms of arranging for the repairs to the highway to be carried out.  Councils keep records relating to the inspection and maintenance of the highway as well as records of complaints about the condition of the highway.

Every case however is decided on its own individual facts and other relevant considerations include where the pothole was and whether there had been any previous accidents or complaints.

If however the accident occurred on private land, then the claim will instead be made to the individual or organisation who owns or is responsible for maintaining the land.  The law is different to highway claims but, in general terms, such claims can often be easier to prove as a private landowner would be expected to inspect the area more often and can also act sooner in terms of arranging for a pothole to be repaired (or sectioned off) once it has started to form.

If you have a question for our legal advice team you can submit it by email: enquiries@comercrawley.co.uk or in writing to:  Chancery House, Victoria Road, Diss Norfolk, IP22 4HZ.

Have you been assaulted at work?

comercrawley

the personal injury lawyers

Your questions answered……

Question:  I was severely assaulted at work recently by a work colleague.  I feel that I didn’t do anything to provoke the assault and the police have told me that they are looking to bring charges against the individual concerned.  Please advise me as to whether I may be able to pursue a claim for compensation.

Answer:  You have several options in terms of seeking to claim compensation for the injuries and associated financial losses and expenses that you have suffered as a result of the assault.

You may be able to puruse a civil claim for damages against your employer.  This is on the basis that an employer will be vicariously liable for the wrongful acts of their employees that occur during the course of their employment.  The courts have held that this may include an assault by an employee.  The claim will be dealt with by the company’s employers liability insurers.

You could also pursue a civil claim for damages against the work colleague that assaulted you.  This is however a less attractive option as the claim will not be covered by an insurance policy. 

Another option is to seek compensation from the Criminal Injuries Compensation Authority.  The CICA basically administers a centrally funded scheme to compensate the victims of crime.  To succeed with a claim you will need to meet the criteria specified under the scheme.  The amount of any compensation awarded is however likely to be less than you would be able to claim via a civil claim for damages plus the CICA will not pay anything in respect of legal fees.

Finally, if a criminal prosecution is pursued against the person that assaulted you, you can seek for a compensation order to be made as part of the sentencing (assuming of course that a conviction results from the prosecution).  The amount of any compensation is likely however to be very low compared to the other options mentioned above plus the compensation order will be payable by the person that assaulted you and will therefore depend on his or her means to pay.  

If you have a question for our legal advice team you can submit it by email: enquiries@comercrawley.co.uk or in writing to:  Chancery House, Victoria Road, Diss, Norfolk IP22 4HZ.

Slipped on fruit...

comercrawley

the personal injury lawyers

Your questions answered ……

Question:  I recently had an accident whilst shopping in a supermarket.  I slipped on a piece of fruit that was on the floor in one of the aisles and fell hurting my back.  The staff at the supermarket were very kind at the time and I have since received some flowers and vouchers from the supermarket.  I am concerned however as my back is still bad.  Could I make a claim for compensation?

Answer:  You may have a claim for compensation against the supermarket.  To succeed with a claim, you would need to show that your accident and injury has been caused by the supermarket’s breach of duty of care under the Occupiers Liability Act 1957 (and also under the general law of negligence).  In essence, the supermarket owes a duty of care to its customers to ensure that they are reasonably safe when using their premises and that they are not exposed to the risk of foreseeable injury.

The fact that you slipped on something on the floor of the supermarket does not automatically mean that they are at fault.  The piece of fruit may only just have been dropped on the floor by another customer.  The supermarket will however be liable if they fail to have an adequate system for checking the floor and cleaning up spillages etc.  If a claim for compensation is pursued, the supermarket will need to provide evidence (such as signed records) that at the time of your accident the floor of the aisle was inspected at frequent and regular intervals and that no hazards were found.  If they are unable to do so, you are likely to succeed with your claim for compensation.  Additionally, the supermarket should have mats on parts of the floor in the fruit and vegetable aisle where spillages are most likely to occur, for example near to the grapes.

Finally, the fact that you have received flowers and vouchers from the supermarket is not necessarily an indication that the supermarket considers that they were at fault for the cause of your accident.  Companies often do so as a good will gesture.  Similarly, you do not need to worry that by spending the vouchers you will have accepted an offer of compensation and will be prevented from pursuing a compensation claim.

If you have a question for our legal advice team you can submit it by email: enquiries@comercrawley.co.uk or in writing to:  Chancery House, Victoria Road, Diss Norfolk, IP22 4HZ.

Potholes...

comercrawley

the personal injury lawyers

Your questions answered ……

Question:  I recently had an accident when the front wheel of my motorbike went into a pothole.  I lost control of my bike and ended up with a broken arm.  Can you please advise me about making a claim for compensation.

Answer:  This is quite a topical subject with the large amount of potholes having developed or become worse following the recent cold and snowy weather conditions.

The starting point in terms of advising you is to establish whether the pothole was on land which is publicly or privately owned (or, more specifically, maintained). 

Most pothole claims arise from accidents that occur on public roads and in such cases the claim is normally made to the local authority who are responsible for maintaining the road at public expense. 

The first thing that will need to be proven is that the size of the pothole (and most importantly its depth) was such that it constituted a hazard that should have been repaired.  Photographs and measurements of the pothole are therefore important.

The next stage effectively involves proving that the council were either aware of the hazard or should have been aware of the hazard through their system of carrying out regular inspections of the highway.  Thereafter the council should act within a reasonable timescale in terms of arranging for the repairs to the highway to be carried out.  Councils keep records relating to the inspection and maintenance of the highway as well as records of complaints about the condition of the highway.

Every case however is decided on its own individual facts and other relevant considerations include where the pothole was and whether there had been any previous accidents or complaints.

If however the accident occurred on private land, then the claim will instead be made to the individual or organisation who owns or is responsible for maintaining the land.  The law is different to highway claims but, in general terms, such claims can often be easier to prove as a private landowner would be expected to inspect the area more often and can also act sooner in terms of arranging for a pothole to be repaired (or sectioned off) once it has started to form.

If you have a question for our legal advice team you can submit it by email: enquiries@comercrawley.co.uk or in writing to:  Chancery House, Victoria Road, Diss Norfolk, IP22 4HZ.

Supermarket Sweep...

comercrawley

the personal injury lawyers

Your questions answered ……

Question:  I recently had an accident whilst shopping in a supermarket.  I slipped on a piece of fruit that was on the floor in one of the aisles and fell hurting my back.  The staff at the supermarket were very kind at the time and I have since received some flowers and vouchers from the supermarket.  I am concerned however as my back is still bad.  Could I make a claim for compensation?

Answer:  You may have a claim for compensation against the supermarket.  To succeed with a claim, you would need to show that your accident and injury has been caused by the supermarket’s breach of duty of care under the Occupiers Liability Act 1957 (and also under the general law of negligence).  In essence, the supermarket owes a duty of care to its customers to ensure that they are reasonably safe when using their premises and that they are not exposed to the risk of foreseeable injury.

The fact that you slipped on something on the floor of the supermarket does not automatically mean that they are at fault.  The piece of fruit may only just have been dropped on the floor by another customer.  The supermarket will however be liable if they fail to have an adequate system for checking the floor and cleaning up spillages etc.  If a claim for compensation is pursued, the supermarket will need to provide evidence (such as signed records) that at the time of your accident the floor of the aisle was inspected at frequent and regular intervals and that no hazards were found.  If they are unable to do so, you are likely to succeed with your claim for compensation.  Additionally, the supermarket should have mats on parts of the floor in the fruit and vegetable aisle where spillages are most likely to occur, for example near to the grapes.

Finally, the fact that you have received flowers and vouchers from the supermarket is not necessarily an indication that the supermarket considers that they were at fault for the cause of your accident.  

Companies often do so as a good will gesture.  Similarly, you do not need to worry that by spending the vouchers you will have accepted an offer of compensation and will be prevented from pursuing a compensation claim.

If you have a question for our legal advice team you can submit it by email: enquiries@comercrawley.co.uk or in writing to:  Chancery House, Victoria Road, Diss Norfolk, IP22 4HZ.

My husband had a car accident...

comercrawley

the personal injury lawyers

Your questions answered……

Question:  I have been injured in a car accident caused by my husband – can I claim compensation?

Answer:   Yes, a compensation claim can be pursued by, say, an injured passenger in a car even if the accident is the fault of the driver and s/he is a relative.  The other common example is a claim brought by an injured pillion passenger on a motorcycle.

A claim can still be brought even if the injured passenger is also covered by the motor insurance policy.  This would occur where, say, a husband and wife are both insured to driver a vehicle; if the husband is driving and causes an accident that injures his wife who is a passenger in the car, the wife can pursue a claim against her husband which the motor insurance company with deal with.

Therefore, the fact that you are related to or living with the person responsible for the accident does not prevent you from pursuing a claim for compensation against them.  Provided that person is insured to driver the car then the insurers will be responsible for the claim.  If the case when to court, legal proceedings would need to be issued against your partner.  However, the insurance company would be responsible for paying whatever compensation was agreed or awarded.  It is worthwhile mentioning however that the vast majority of personal injury claims settle without the need to start court proceedings.

If you have a question for our legal advice team you can submit it by email: enquiries@comercrawley.co.uk or in writing to:  Chancery House, Victoria Road, Diss, Norfolk IP22 4HZ.

Car accident claims....

comercrawley

the personal injury lawyers

Your questions answered …

Question:  I was involved in a collision with another car whilst driving along Victoria Road in Diss.  The other driver stopped and appeared to accept that the accident was his fault.  He refused however to give me his insurance details.  Can I still pursue a claim for compensation for my whiplash injury?  I did manage to make a note of the other car’s registration number.

Answer:  The other driver should have provided you with his insurance details upon your request.  Under the Road Traffic Act 1988, if you have been involved in a road traffic collision, no matter how minor, you must stop, give your name and address (and the name and address of the owner of the vehicle, if different) and your vehicle registration number.  If someone has been injured in the accident, you must also provide evidence of your insurance details if someone has reasonable grounds for requesting them.

To fail to do any of the above, is a criminal offence.  You could therefore report the incident to the police and seek for them to take action.

In practical terms however, in order for you to pursue a claim for compensation we need to establish either the name and address of the driver/owner or details of the vehicle’s insurance cover.  A lot of motor insurance policies are now recorded on a database, the Motor Insurance Database.  We have access to the database and are therefore able to search the database in respect of a client’s claim.  If the insurance policy is recorded on the database, we will be able to find out the name of the insurance company and policy number which will enable the claim for compensation to be made.

If a search of the database is unsuccessful, another option is for your solicitor to write to the DVLA requesting the name and address of the registered owner of the vehicle.  It will then be possible to write to the owner of the vehicle setting out details of the claim to be forwarded on to the insurance company.  If no response is received, a formal request can be made for the insurance details under section 154 of the Road Traffic Act 1988 stating that, if the person fails to do so, they may be liable to be prosecuted for a criminal offence.  If a reply is still not received, a report can then be made to the police seeking for them to take action against the owner/driver for failing to provide insurance details upon request.

In summary therefore, having the vehicle registration number should be sufficient to enable you to pursue a claim for compensation.  It may however take a little longer and therefore it is always preferable to seek to obtain the other driver’s details and insurance details wherever possible.    

If it transpires that the other vehicle is uninsured, you can still pursue a claim.  This would instead be through the Motor Insurers’ Bureau, an organisation set up to compensate the victims of uninsured drivers.

If you have a question for our legal advice team you can submit it by email: enquiries@comercrawley.co.uk or in writing to:  Chancery House, Victoria Road, Diss Norfolk, IP22 4HZ.

Injured Playing Football?

comercrawley

the personal injury lawyers

Your questions answered……

Question:  I injured my knee badly a few months ago whilst playing football.  The injury was caused by a player from the other team going in for a tackle badly (the player was sent off following the tackle).  Would I have any claim for compensation against the other player or his team?

Answer:   It is possible to claim compensation for sporting injuries such as the one that you describe.  Whether or not the claim is successful will depend on the circumstances.

As with the majority of personal injury claims, to succeed with the claim it will be necessary to prove negligence.  Participants in sporting activities owe a duty of care to those that they are playing with and against.  Whether or not there has been a breach of that duty of care will depend on the act carried out.

It is helpful that the player was sent off by the referee following the incident but more would need to be proved.  In sporting injury claims, it is not merely sufficient to show that the Defendant was in breach of the rules of the game (this compares with road traffic accident claims where breach of the Highway Code is indicative of negligence). 

It will be necessary to prove that the foul was such that a reasonable player (at the level of football that you were playing) would have realised that their actions carried a significant risk of serious injury.  Additionally, when taking part in sport, you are said to consent to the ordinary risks of the game and thus it will need to be shown that the tackle by the other player went beyond this.

Therefore, if it can be proved that your injury resulted from an intentional foul then you may be able to pursue a claim for compensation; if however it was merely the case of a late and clumsy tackle by the other player, your claim is unlikely to be successful.

Finally, in practical terms, it will need to be investigated whether the player’s actions are covered by an insurance policy.

If you have a question for our legal advice team you can submit it by email: enquiries@comercrawley.co.uk or in writing to:  Chancery House, Victoria Road, Diss, Norfolk IP22 4HZ.

car accidents

comercrawley

the personal injury lawyers

Your questions answered……

Question:  I was recently injured in a car accident.  A friend of mine, who had just passed his driving test, took a group of us out for a ride in his car.  The accident happened when we were travelling along a country lane when a pheasant ran out across the road.  My mate swerved to avoid hitting the pheasant and the car ended up in a ditch.  Would I be able to claim compensation for my injuries?

Answer:  To successfully pursue a claim for compensation, it needs to be proven that the accident was caused as a result of the negligence of someone else.

Primarily, the accident was caused by the pheasant running out into the path of the car that you were travelling in.  As the pheasant is a wild animal, there is no one available to sue.  This may sound obvious however if the animal is owned by someone there may be an option of suing that person for failing to ensure that it did not escape on to the road.

The accident was also caused by your friend’s actions in swerving to avoid hitting the pheasant.  Your friend probably did so instinctively and although his actions may be regarded as a normal reaction (particularly taking into account his inexperience in driving) they may be sufficient to prove negligence.

The driver of a car owes a duty of care to his or her passengers to take all reasonable care such as to prevent the risk of foreseeable injury.  This duty of care extends to other road users, although not to an animal such as a pheasant.  In causing his vehicle to leave the road and end up in a ditch, it can be argued that your friend acted negligently.

This is not to say that drivers should avoid taking evasive action in such situations (in some circumstances there may be consequences in criminal law for injuring an animal on the road) however the driver must ensure that any action does not put other people in danger.

You may naturally be reluctant to make a claim against your friend and therefore it is worthwhile mentioning that the claim is likely to be dealt with under the insurance policy for the vehicle.  Your friend may already be claiming against his insurance policy, for the damage to the vehicle, if he is comprehensively insured.

If you have a question for our legal advice team you can submit it by email: enquiries@comercrawley.co.uk or in writing to:  Chancery House, Victoria Road, Diss, Norfolk IP22 4HZ.

Aggressive Dogs...

comercrawley

the personal injury lawyers

Your questions answered……

Question:  I was recently bitten by an aggressive dog whilst out walking in a local park.  Can I claim compensation for my injuries?

Answer:   You may be able to pursue a claim for compensation against the owner of the dog that attacked you.  For that reason, it will be important for you to have obtained the name and address of the dog’s owner (or at least to have some way of finding this out).

For a compensation claim to succeed in such circumstances it is usually necessary to show a pattern of previous aggressive behaviour of the dog.  A successful claim for compensation can be made under the Animals Act 1971 if it can be shown that the dog had abnormal characteristics and that those characteristics were known to the dog’s keeper.  It must also be shown that such characteristics led to the injury occurring.  It is not necessary to show that the dog had in fact previously bitten someone, nor that the owner could have foreseen that the dog would attack you.

In certain circumstances a claim can also be brought under the law of negligence.  Most claims arising from dog bites are however brought under the Animals Act.

If the dog is of a certain type, it may not be necessary to prove that he or she has been aggressive in the past in order to succeed with a claim for compensation.  Under the Dangerous Dogs Act 1991, certain types of dog are regarded as dangerous.  For example, pit bull terriers are subject to special rules including that they must be kept on a lead when in a public place.

Generally speaking if the dog is not of a dangerous type and has been previously well behaved, then it will be difficult to succeed with a claim for compensation.

Finally, most people have household insurance which covers them for public liability claims.  The likelihood is therefore that the dog owner will be insured in respect of your compensation claim.  This is something that can be established early on when pursuing a claim.

If you have a question for our legal advice team you can submit it by email: enquiries@comercrawley.co.uk or in writing to:  Chancery House, Victoria Road, Diss, Norfolk IP22 4HZ.

Exposed To Asbestos...

Asbestos victims are set to lose out significantly following a decision of the House of Lords.  In a ruling given last year, the House of Lords upheld three test appeals in which it was argued that damages should be limited in cases involving several former employers, none of whom could be specifically blamed for the onset of the asbestos related disease, mesothelioma.

Previously, the House of Lords ruled that an employer who had negligently exposed a worker to asbestos could be held 100% liable, even if the employee had worked for several companies and it could not be proved which of them had caused the illness.  The Law Lords have now ruled however that that an employer’s liability should be limited on a percentage basis to reflect the extent to which it contributed to an employee’s exposure to asbestos. 

This important change in the law has far reaching implications.  Mesothelioma currently kills around 2,000 people annually in the UK, with the numbers rising each year (and expected to peak sometime between 2011 and 2015).

Mesothelioma is a form of cancer that attacks the lining of the lungs.  The only known cause of the disease is exposure to asbestos and it can be caused by a single asbestos fibre.  In most cases it is caused by negligent exposure to asbestos dust at work.  Many sufferers have had contact with asbestos in more than one job.

There is a delay between the harmful exposure to asbestos and the development of mesothelioma.  This delay can be 15 years or more.  Because of this, employers have often gone out of business by the time that a compensation claim is pursued.  There are often huge difficulties in tracing the insurers for such companies. 

As the House of Lords represents the highest appeal court in England and Wales, the decision cannot be appealed.  Trade unions and asbestos victim support groups are however campaigning for parliament to introduce legislation to address the problem.

Judith Cole, comercrawley solicitors, Chancery House, Victoria Road, Diss IP22 4HZ Tel: 01379 644311