Have you ever injured your back at work?

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.

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.

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.

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 theinjuries 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 theiremployees 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 thatassaulted 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 thevictims 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 compensationis likely however to be very low compared to the other options mentioned above plus thecompensation 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.

Your Questions Answered...

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 accidenthappened 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.

What is a Claimant Personal Injury Lawyer?

What is a Claimant Personal Injury Lawyer?

What is a Claimant Personal Injury Lawyer? - Well we act for the injured victim of an act of negligence, breach of duty or deliberate act,  and recover compensation for that person’s injury and loss. - The injured victim who brings the claim is called a Claimant. - The person or body a claim is brought against is a Defendant. - A Claimant will always be an individual person whereas a Defendant can be an individual,  an incorporated company, or business or partnership, a local authority, a club etc. - The injury can comprise or involve mental harm as well as physical damage. - The Claimant if successful in a claim in negligence or breach of duty can recover damages  (compensation) for a wide range of losses which may flow from the injury. A non exhaustive  list is:- - general damages for pain, suffering and loss of amenity. - loss of earnings. - damage to clothing and property. - care and assistance. - medical / rehabilitation treatment costs. - A Claimant can recover damages non only for past losses but also future losses,  for example if the Claimant’s earning ability has been affected or if future medical  treatment is likely to be required. Why use comercrawley to deal with your personal injury claim? - Our lawyers are all specialist in injury claims. - It is the only work we do. - Two of our solicitors, Ian Comer and Emma Crawley, are on the Law Society Specialist  Personal Injury Panel. Panel membership is only achieved if you can demonstrate a a high  level of specialist knowledge and suitable experience in dealing with the most complex and  demanding of cases and an ability to run claims in an effective and straightforward manner. - We give our advice and talk to you in plain language, we do not try and hide behind the  jargon. - We are on both the Headway (acquired brain injury) and Spinal Injuries Association Panel  of Solicitors which acknowledged the firm’s ability to deal with the most complex of cases. - We respond promptly to all communications from our client, we give clear, straight  forward advice and will make sure your claim is progressed as swiftly as possible. - We will make sure you understand what we are doing for you. - We will come and see you at home, even in hospital if you can’t get to see us. - Best of all our service is at no cost to you. - We carry out all our work on a "no win, no fee" basis (see later blog) and give our client  three assurances at the outset of their claim:- (i) The client will pay no cost win or lose. (ii) We will not take any compensation from a client, they will receive 100% of what  we recover for them. (iii) We will front all expenses of running the claim. So rest assured it will be a "no cost to you" service. How can we do this? The answer is straightforward, in the event of a successful claim we are able to recover

Defendant insurers. If we are unsuccessful we do not charge you. Our interest in a

our costs and expenses from the  claim is the same as yours – we want to succeed otherwise we don’t get paid. We will only take on a claim with a reasonable (better than 50%) prospect of success –  we are not interested in pursuing cases with no realistic prospect of succeeding and  would give you clear advice at the outset on how we rate your claim. If you have a claim to make, if you have a question to ask, if you are not satisfied  with your existing legal advisors contact us to discuss matters – you have absolutely  nothing to lose.

Have you got an aggressive dog?

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.  Mostclaims 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 theDangerous 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 liabilityclaims.  The likelihood is therefore that the dog owner will be insured in respect of yourcompensation 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.