eye injury...

comercrawley

the personal injury lawyers

Your questions answered……

Question:  I suffered an injury to my eye in an accident at work.  I was operating a piece of equipment, a circular saw, and a splinter of wood flew into my eye.  The accidenthappened at my last job and at the time I was reluctant to make a claim against my employer.  Unfortunately, I did not enter details in the accident report book.  Can I still make a claim?

Answer:   The description that you have given of the accident suggests that you were not wearing eye protectors, such as goggles, when the injury occurred.  Under the Personal Protective Equipment Regulations 1992, an employer is under a duty to ensure that suitable personal protective equipment is provided to employees who may be exposed to a risk to their health and safety while at work.  Therefore, if your employer failed to provide you with eye protectors, you would be able to pursue a claim under the Regulations for the injury and financial loss that you suffered as a result of the accident.

The fact that you did not enter details of your accident in the accident report book will not prevent you from claiming compensation.  It is always best for an accurate record to be made of an accident as soon as possible after it occurs as this helps in proving theaccident and injury.  In your case however there will still be many other ways of proving your claim including your own evidence, the evidence of any work colleagues who witnessed your accident and your medical records.  It is also anticipated that yourprevious employer will recall your accident and will be able to confirm the circumstances to their employers liability insurers who will deal with your claim.  Additionally, your employer should have sent a written report of your accident to the Health and Safety Executive. 

Finally, there is a general time limit of three years that applies to personal injury claimssuch as yours.  Therefore, provided that your accident occurred less than three years ago, you will still be within time to pursue a claim for compensation.  Please be aware however that the time limit specifies that court proceedings must be commenced within three years of the date of the accident.  It is not sufficient to merely notify your previous employer of your claim within that time.  If your claim is not issued at court within the three year time limit, you are likely to be barred from claiming compensation.  A solicitor will be able to advise and assist you further with this.

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.

Protecting yourself....

comercrawley

the personal injury lawyers

Your questions answered……

Question:  I am helping to organise a fete for my son’s playgroup and we are looking to hire a bouncy castle.  Is there anything that we should do to protect ourselves from someone claiming compensation should a child get hurt whilst playing on it?

Answer:   The person or company that you hire the bouncy castle from should provide guidance and instructions on how to use the inflatable safely.  It is obviously important that these instructions are followed.  Sometimes the bouncy castle hirer is able to provide a notice to display setting out rules to ensure its safe use (such as no eating or drinking and not wearing jewellery etc).

It is important that the bouncy castle is supervised throughout the fete to make sure that these rules are followed (either one person can do this or a rota can be drawn up).  It is often advisable to limit the number of children using the bouncy castle at any one time and to also make sure that the age groups of the children using it at any one time do not differ significantly (for example toddlers using it at the same time as teenagers).  Children should be stopped from doing anything dangerous, such as climbing up the sides of the bouncy castle.

It is also advisable for a risk assessment to be carried out in relation to the use of the bouncy castle (and indeed the fete generally).  By undergoing this process, it will help the organisers of the fete indentify the relevant risks and look at ways of minimising them.

It is also important to make sure that the person or company that you hire the bouncy castle from has public liability insurance cover.  The playgroup should also ensure that itspublic liability insurance cover not only covers the fete but also the hire of the bouncy castle.  This will mean that should a child be injured and a compensation claim made, theclaim can be forwarded on to the relevant insurance company for them to deal with as is appropriate.

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.

Bouncy Castles....

Bouncy Castles....

With the nice weather having finally arrived (at the time of writing this article at least!), it seems topical to talk about accidents involving bouncy castles.

Bouncy castles are extremely popular and offer tremendous fun for children.  Accidentsare not uncommon and sometimes may result in a child being seriously injured.  This is not intended to put people off the use of bouncy castles but instead to highlight the importance of ensuring that they are used safely.

Companies which supply bouncy castles provide a list of guidelines for the safe use of the equipment.  Of great importance, is making sure that the bouncy castle is constantlysupervised by an adult.  Accidents often occur when children are allowed to climb up the sides of the equipment, when they may then either fall over the top on to the ground or fall or jump back in and land on another child.  Injuries can also often result fromboisterous behaviour, if either too many children are allowed on it at one time or there is a big gap in age.

Sometimes during an event, there will be a time when the bouncy castle is not in use. Even then, it is still important to make sure that it is supervised or deflated, which is quick and easy to do.

Where a public event is being organised, such as a village fete, it is good practice to carry out a written risk assessment in advance.  If an injury occurs as a result of the unsafe operation of the bouncy castle, then a successful claim for compensation may be brought in negligence.

The advice is to make sure that the company supplying the bouncy castle has public liability insurance cover.  This however will only cover the supplier’s liability for theaccident such as injuries caused by the equipment failing or being set up incorrectly or unsafely.  Suppliers will always tend to make it clear that the hirer is responsible for ensuring that the bouncy castle is supervised at all times and that the Conditions of Hireare followed.  It is therefore important to make sure that you have your own public liability insurance cover for the hiring of a bouncy castle.  This is often covered by a home insurance policy and therefore may not involve taking out additional insurance.

Finally, it is not sufficient to put up a sign seeking to avoid liability for any accident as (under the Unfair Contract Terms Act) you cannot disclaim liability for death or personal injury.

Claiming against your partner?

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 themotor insurance company with deal with.

Therefore, the fact that you are related to or living with the person responsible for theaccident 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 whatevercompensation 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.

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 muchcompensation you will be receiving, what other capital you have and what the financial limits are for that particular state benefit.  Any capital that your partner has may also be taken into account.

It is possible however to prevent benefits from being affected by setting up a Personal 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 aPersonal 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.

My wife had an accident...

comercrawley

the personal injury lawyers

Your questions answered……

Question:  My wife had an accident last year and is making a claim for compensation. She broke her right arm in the accident and as she is right handed there were lots of things that she found it difficult to do, particularly when her arm was in plaster.  I took time off work to look after her and wondered if it was possible to make a claim for this. Please advise me.

Answer:   Yes, it is possible to include in your wife’s claim for compensation a claim in relation to the time that you spent looking after her.  The claim would be for the help that you provided to your wife with tasks that she would normally do for herself but which she was unable to do following the accident because of her incapacity from the injuries.  This would include help with getting washed and dressed, domestic tasks (for example, help with making meals and drinks) and gardening.

If you suffered a loss of pay by taking time off work you can make a claim for that loss. This can be calculated either through your payslips or by a letter from your employer (I have assumed that you are employed; if you are self employed, the calculation would be different). 

You can however make a claim for compensation] even if you have not suffered a loss of earnings.  The claim is termed voluntary care and assistance and will be calculated based on the number of hours that you spent in looking after your wife.  The claim is based on an hourly rate that is equivalent to employing a paid carer but is reduced slightly to take into account the fact that the assistance was provided on a voluntary basis.

A claim can be made for both loss of earnings and voluntary care and assistance.  This applies where the relative is able to return to work but the person who has been injured continues to need help with some tasks (such as domestic chores and gardening).  It is obviously important however to make sure that there is no duplication in the claim being made.

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 Accident?

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.