Work Accident Compensation Claim

Making a work accident claim is not difficult when you know how to go about it, which is where we come in.

You will need to provide some background information about your accident at work and a work accident compensation claim company will then connect you with the best work accident lawyer for your particular situation. You should always get in contact with lawyers who work on a no win no free basis too.

Work compensation is the legal submission of a claim for compensation following a work injury.

This is usually done through a legal channel since industrial insurance companies work very hard to pay as little as possible for work place injuries.

Work place injuries are very common however not all work place injuries are worthy of compensation. A standard paper cut that heals without complication is an example of an injury that is not worthy of compensation. An example of a work injury that does merit compensation would be a back injury that is a direct result of neglect on behalf of the employer to provide a safe working environment and also adequate safety training.  Employers have a responsibility to each of their employees.

That responsibility includes providing a work environment that is free of hazards. Employers are also responsible for supplying proper safety equipment so that employees can safely perform their job function.

Work Injury Claim Form

What are the Common Causes?

The causes of work accidents are various, however some are unique to certain jobs while others can be categorized by industry. The cause may be as simply someone leaving a drawer open or failing to repair damage to a roof with the result of water leaking onto a dark stairway. Other injury can develop over time, and are usually consider industrial illnesses, such as repetitive strain injury, or industrial deafness.

The important aspects to remember about work accident causes is the relationship between a worker and an employer as the employer has a responsibility to protect their workers. This translates into legal language as a care of duty. If the employer fails to meet their reasonable care or duty to protect their workers, and an injury occurs then the employer has a legal responsibility for this injury. This means that a claim can be filed. (more…)

Understanding Industrial Injury Claims in the UK

The basic definition of an industrial injury is an injury that happens to an employee while they are performing their job. A more complex definition is that it’s an employers responsibility to protect their employees from injuries as defined by reasonable cause. If an employer is found to be failing in its duty to provide a safe work environment then the employee may be eligible for industrial injury compensation.

Industrial law has made the burden of employee safety that of the employer and as such, employees should expect to be able to perform their job functions without fear of being injured. It is the employers to responsibility to train employees in the operation of equipment. It is also the responsibility of the employer to make sure that safety equipment and supplies are available for the employee to use.

Job functions that have an element of danger to them must be noted, and protocols set into place that instruct the employee how to do their jobs safely. It is the employers responsibility to make certain that employees are working safely.

An industrial accident is an accident that involves an injury to an employee who was performing the routine duties of their job.

What are the Common Causes?

The cause of industrial injuries is not a single factor that can be applied to all injuries. There are common elements that may exist between all injuries but even those are difficult to label. Many are caused by unsafe working environments. These environments may be created by the employer or the employee. One may be at fault of both may be at fault. This is one of the primary reasons why talking to a solicitor is important. Not all injuries are the fault of the employer.

Industrial Injury Claims

Can I Make a Claim?

If an injury occurred during work, than a claim may be made. It’s important to note the difference between making a claim and winning a claim. Submitting a claim is nothing more than providing all parties involved with legal notice that a claim has been filed. Winning a claim occurs either by settlement or court victory. There is a great deal that can happen during claims. Employees who are seriously injured should realize that a great deal of compensation could be at hand. This is another reason why finding a claims solicitor is important.

Many times employers or second party lawyers may try to force an employee to settle their claim early. What is lost when this happens is compensation for future earnings, medical coverage, etc. Suffice it to say that a lot of compensation is pending following injury claims.

There are specific pieces of evidence that are unique to each case. Determining what is valid evidence and what is weaker evidence is something that a claims solicitor can help determine. A claim solicitor is a legal representative that specializes in helping injuries parties through the industrial injury claims process.

If you were injured on the job and would like to contact a claims solicitor simply fill out the form on the right of this article. Once you have done so, we will contact you and help you, for free, work out if you may be able to make an industrial injuries claim. (more…)

Industrial Deafness Claims

What is Industrial Deafness?

Industrial deafness is a job-related injury that involves loss of hearing. The range of deafness may be minimal, or it can result in complete deafness. The onset of symptoms may be sudden, or they may occur over time. It can be short-term injury, or it may also be permanent injury that is not reversible, and in some cases workers can claim for compensation.

What are the Causes?

The primary cause of industrial deafness is a prolonged exposure to noise. Industrial deafness cases that occur over time can occur in employees that work in high-noise areas such as construction sites, and warehouse type settings where loud noise may be confined and continual. The repeated sounds of a hammer gun nailing all day long is an example of a high-noise situation. Combine this with the closed-in environment of a building and the noise level is enough to cause hearing loss.

Some causes of industrial deafness can be sudden and singular. An explosion or loud bang, bell, or alarm can all be listed as an example of an incident that may be sudden and singular in nature. These types of incidents have symptoms that are noticed immediately. Ringing in the ears and loss of hearing are two symptoms that should not be ignored, and may be grounds for noise induced hearing loss claims.

Tinnitus: Tinnitus is defined at its most basic form as a ringing or buzzing in the ear when there are no external buzzing or ringing sounds. The sound is created without external factors. Tinnitus may involve one ear or both ears and may be permanent or temporary. Tinnitus is a symptom of an ear injury and not a disease, and is often the first sign that people have that they have hearing damage, which is usually what triggers people to contact industrial deafness solicitors to see if they can place a claim against their employer.

Industrial Deafness Claims

Can I Make a Claim?

Making an industrial deafness claim can be difficult. This is one of the primary reasons why a legal consultation should be the first step on determining if a claim can be made. Industrial injuries need to be substantiated by proof. Proof in these cases is subjective. There are examples of hard evidence such as maintenance records, photo and video evidence, etc. Evidence may also include witness statements, training records, medical reports, etc.

You can make a claim if someone had a responsibility for making sure you were not injured. This is sometimes called duty or care. The responsibility of duty or care is defined as a legal responsibility that binds an organization to do whatever is reasonably necessary to protect people from harm and injury. Proving responsibility is the same term as proving negligence. Can you prove that your injury was related to the negligent act of another person or organization? If you can answer yes to that question, then you may well be eligible for compensation.

Not all cases are clear. Talking with a legal representative about your specific case can help you a great deal. These professionals work with hearing loss cases and industrial injuries on a daily basis. They can help sort out a viable claim from a claim that is weak. They can also help point injured persons in the right direction by explaining evidence that may be specific to your case.

How Much Can One Get?

There are many factors that go into figuring out the exact amount of compensation a person can get. The range for compensation can be anywhere from ₤4000 -₤60,000. These figures are estimates based on past industrial deafness claims and compensation. (more…)

Acoustic Shock Compensation

If you feel you are suffering from acoustic shock that has occurred due to your work place activities, then you may be eligible for acoustic shock compensation. A good law company can help guide you through this process, with professional work compensation lawyers that work on a no win no fee basis, so you only pay out of the compensation you get!

What is Acoustic Shock?

Acoustic shock occurs when a loud, explosive type noise is transmitted through a telephone headset. The noise can be accidental or it may a malicious act. Accidental noise is sometimes expected but never is it excusable. Making a noise flare by blowing a whistle or using condensed air is not only poor conduct is punishable. Call center employees are especially subject to acoustic shock because they work all of their shift using headsets.

It is important to point out that acoustic shock is considered an industrial injury and like other hearing related industrial injuries, it is no joke. Acoustic shock can cause permanent deafness or Tinnitus. Imagine living the rest of your life with ringing in your ears. Acoustic shock compensation for this injury is available if a claim is filed and won.

Acoustic Shock Compensation

What Causes Acoustic Shock ?

The initial source of the explosive noise can vary, but the damage is consistent. The sharp and dangerous spike in noise causes tiny cells in the ear canals to die off without replication. For each cell, that is damage or killed a degree of hearing is lost. Sometimes hearing can be restored but for many the damage is permanent.The certain cells with the ear canal grow specialized hair that collect and tone noise vibrations which we hear as sounds. When these specialized cells die off, so do the specialized hair shafts, and with them go our hearing.

Can I Make an Acoustic Shock Compensation Claim?

Acoustic shock is not a joke. Laws have been put into place to protect employees from needless injuries. Even as technology changes the employer has a responsibility to replace out of date tools with tools that are safe for the employee to do their job. If an industrial injury has befallen you, than you may be eligible to file an acoustic shock compensation claim.

To make a claim for acoustic shock, certain pieces of evidence should be collected. A claim solicitor can help in gathering evidence and work related data. To win an acoustic shock compensation case requires that the claim of injury be proven to be the result of the employer. Employers have a legal and mandated obligation to prevent needless injuries to their employees. It is the employers responsibility to make sure that head sets are up to date and have noise blocking technology that would otherwise prevent many of the acoustic shock cases. (more…)

Work Accident – Lady Loses Her Fingers

A Packaging Company Was Charged After a Female Worker Severed Her Fingers.

A worker from an encasing company has lost a couple of fingers in a work-related accident, Health and Safety Executive has filed a law suit against the company that is based in Greater Manchester.

The fifty year old woman from the town of Golborne in Wigan identified as Karen Schoelzel who at that time of the accident was employed at Arrow Flexible Packaging Limited. She was trying to change the rubber insert on a specific equipment made to clip handles into synthetic bags.

Her left hand was caught on the process when the machine unexpectedly began to function. Her long finger was lopped just above the major knuckle, but the forefinger was totally cut off from her hand.

work accident compensation claim

Health and Safety Executive conducted an inquiry and they found out that the workers do not disconnect the machine before changing the rubber inserts and that the parts of the equipment that usually moves have no safety barriers to restrict access.

However, Health and Safety Executive have documented that the equipment’s operating knobs were not appropriate and would have been accidentally switched on, yet no conclusive evidence was gathered to explain how the equipment set off.

The Magistrates’ Court at Trafford penalized the company Arrow Flexible Packaging Limited in Clarence St, Golborne for ₤1,000 for court fees and other expenses and an amount of ₤3,500 thereafter confessing a violation of the Provision and Use of Work Equipment Regulations. Although the victom won a successful work accident compensation claim, it still leaves her with a terrible injury to live with.

Nearly 5,000 individuals working in the fabrication industry have experienced a severe work-related injury a year ago; the majority of them would be eligible to file an accident at work compensation claim.

Gas Leakage in an Illegitimate Mine in China Kills

Gas Leakage in an Illegitimate Mine in China Kills Thirty-four Mine Workers, Nine Are Not Yet Rescued, but May Already Be Dead, According To the News Firm Called Xinhua

After being trapped last Thursday, the probability that the miners can get out alive is uncertain, according to the rescuers. The illegal mine’s managers in Sizhuang, in the province of Yunnan have already been detained. The mine had been ordered to close last April, while a comprehensive investigation was promised by the supervisors.

In a different accident in Gansu, China, local officials said a coal duct was flooded last Sunday, as a result seven mine workers were confined below the ground.

Gas Leakage

The incidents came after the State Labour Protection Agency gave a directive in upholding the safety guidelines at all mining sites in China. During an industry seminar in Hefei, Vice Premier Zhang Dejiang said that their country’s coal mines yet confront a severe situation.  He also added that the latest accidents served as warning that preventing accidents from happening is complicated and needs immediate attention. Vice Premier Zhang also encouraged scientists to build advanced technologies like methane capture, and modernized equipment to lessen disasters.

Their recent official statistics for 2009, over 2,600 workers died due to accidents in mine sites, according to Xinhua.

The families of the workers who died in work accidents in China are eligible to receive an amount of 660,000 yuan.

Following An Equestrian Site Injury An Ex-Jockey Receives Compensation

A compensation of £22,000 from one of the first-class equestrian sites in the South West was awarded to Jeff Kear, an ex-professional jockey, for a grave injury that could have been avoided if only he was using a steel cap shoes.

Health and Safety Executive has issued new recommendations, emphasizing agriculture as the most hazardous industry in the United Kingdom, which resulted to the award.

The ex-jockey Mr. Kear was hired at Stockland Lovell, an equestrian facility located near the town of Bridgwater. He has been working as a manager for two weeks, at that time he was transferring two enormous wooden pallets when it crashed on his left foot and severely injured his innermost toe. The upper half of the toe was cut off due to infection and caused Mr. Kear a hard time walking.

equestrian_injury

According to expert Personal Injury lawyer, Jonathan Rich from Pardoes Solicitors, that Stockland Lovell was unsuccessful in making an evaluation about how to do the job safely, and did not supply their Mr. Kear with steel cap boots. The facility also does not practice any safe method in the place of work. Jonathan Rich also said that they were glad Mr. Kear acquired the suitable reward for the injuries he had suffered.

Subsequently, Mr. Kear was not capable of working since he was injured at work , and just a month ago he experienced a stroke. Mr. Kear is currently living in Lambourn at the Injured Jockeys Fund residence.

Right after the wooden pallet fell off; he was in excruciating pain but tried to disregard it. But when the pain did not stop, he went to the physician who treated his toe. Then the doctor set a series of antibiotic medication for Mr. Kear. Days later, he could no longer walk due to the pain and so he decided to go to Accident & Emergency of Musgrove Hospital.  The physicians told him that half of inner toe must be amputated due to severe infection. The Citizens Advice Bureau endorsed Pardoes to Mr. Kear, he was very pleased with the advice and assistance he received from them.

Stockland Lovell’s Mark Hill said that they feel sorry for what Mr. Kear had suffered because of that awful incident, and that they should have advised Mr. Kear to wear the appropriate footwear for the job. He added that he was there working with Mr. Kear on the day of the accident, when he went out to look for a machine the accident took place. Mark Hill said that he regularly calls to check Mr. Kear’s condition for a few weeks, he also persisted that Mr. Kear must see a doctor.However Mr. Kear claims that he did not acquire any request for forgiveness from Stockland Lovell.

Poultry Was Penalized by Health and Safety Executive After An Accident at Work

Llynclys Farm, a poultry farm based in Shropshire was prosecuted because of a grave accident.

An unnamed worker, who was 36 years old at that time, was temporarily hired in July of 2009 by Llynclys Farm, which also has a place in Stroke Heath Farm, Market Drayton.

The worker was trying to transfer the hens out of the poultry house and was walking through a makeshift platform which was made of piled up cages.

Accidents at Work

He stumbled and fell off three metres to the floor and was injured at work, which resulted to fractured pelvis and his lung collapsed.

The Health and Safety Executive made an inquiry and discovered that while Llynclys Farm has determined the hazards of falls, they still failed to make barriers on the platform to avoid it from occurring.

The Llynclys Farm paid £6,000 in fines and £6,276 in fees after pleading guilty at Magistrates’ Court of Shrewsbury.

A Health and Safety Executive inspector, Janice Dale talked to Insider Media and said that an accident wherein a worker falls from height is still the most prevalent cause of fatalities in the place of work, and inflicts grave injuries to those who are lucky enough to survive this preventable accident.

She also added that Llynclys Farms have recognized the possibility for workers falling from the said platform, but was unable to make the necessary changes even if it has been there for about half a decade before that unfortunate event.