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Worker Injured By Telehandler Machine

July 26th, 2010

R J Baker & Co Limited of Bainton Heights Farm has been fined 3,000 and was ordered to pay the same amount in legal costs at Bridlington Magistrates’ Court after an accident involving one of its workers and a telehandler machine. On the 14th May 2008, a 57-year-old worker, who does not wish to be named, was clearing gutters on a farm building.

The worker’s colleague was left in charge of operating the telehandler machine, which was used to provide access to the guttering; however, the 57-year-old farm worker had been using a conventional ladder initially before his colleague manoeuvred the telehandler towards him. After the worker had climbed into the telehandler, the operator accidentally tilted the bucket downwards, which sent the worker plummeting to the ground beneath.

After falling several metres onto a concrete floor, the worker sustained a broken and dislocated right ankle, fractured shin and partially fractured heel. With such extensive leg injuries, the worker spent more than a month in hospital and required specialist treatment thereafter.

The present case does not serve as a good example of an accident that could have been avoided and in such cases it would be a good idea to speak to a number of injury lawyers.

The Health and Safety Executive appealed to companies in the agriculture industry and other dangerous businesses to follow stricter safety guidelines when utilising telehandler machines after the number of accidents involving their use have increased in the past few years. The Health and Safety Executive asked farms specifically to follow the guidelines set out more closely in June of this year, however it would seem not all have paid attention.

The agriculture industry has turned into Britain’s most hazardous working environments following information released recently by the Health and Safety Executive, finding that accident claims are on the rise in the UK.

The misuse of telehandlers remains a serious health and safety issue affecting British farms, as demonstrated in the present case. Appearing in court, R J Baker & Co Limited pleaded guilty to breaching Regulation 6(3) of the Work at Height Regulations 2005.

Health and Safety Executive inspector, Carol Downes, speaking after the case said: “This farm worker suffered horrific injuries following his fall at Bainton Heights Farm. He was extremely lucky to survive the fall and if he had landed head-first he could easily have been killed… This prosecution must serve as a strong reminder that farm machinery should only be used for its intended purpose”.

Looking to find the best deal on injury at work compensation, then visit Nathan Payne’s site.

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Strange Accidents & Injuries

June 23rd, 2010

Everybody has heard of no win no fee personal injury claims and most cases are fairly standard car accidents or slips and trips. However a quick look on you tube shows that there is a large trend in people having more weird and wonderful accidents

Amongst the strange accidents which have been reported is the case of a performer whose set included knife throwing. They sustained a serious arm injury and then made a successful claim for compensation for distress and loss of earnings, against both their employer and the other artist, who actually threw the knife.

Another unusual, and also very high profile, injury claim was caused by something we all have; a sofa. After buying sofas from retailers such as Land of Leather, Argos and Walmsley thousands of consumers then developed severe skin irritation and rashes, which were caused by sachets of chemical inside the sofas. The group litigation for some of the victims had ended in a 20 million compensation payout, but there are still around 3,000 more serious cases still waiting to be resolved meaning this could be the biggest group litigation for consumer goods.

Other unusual accidents which have lead to claims include slipping on banana skins, being injured by a faulty car jack and a someone getting caught in the string and ropes from a paraglider and then falling from the sky and sustaining injuries.

If you’ve been the victim of an accident which was a little bit unusual, then you may have reservations about seeing if you are able to make a claim for compensation. You might have looked on the internet and not been able to find anything similar to your case and think that means you can’t claim, but if the accident was no fault of your own and there is liability with another party then it is likely that you will be able to claim.

Embarrassment might be another concern of yours, as the thought of telling a solicitor the details of your accident may not be a prospect you relish, but rest assured solicitors see that many shocking or unusual cases that your story wont shock them at all.

If you are seeking compensation injury claim then a no win no fee solicitor will be able to help you with each step of the process.

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Should I Accept The First Offer Of Compensation

June 21st, 2010

If you have suffered an accident in the car, at work or in a public place it can often be a distressing and confusing time and if you are pursuing a claim for compensation you may be concerned that you may not receive any compensation.

This is a frequent concern, and it leads many people to feel that they would be better off accepting the first offer made to them by an insurer or solicitor working on behalf of the party at fault, as then they can avoid the claims process and are guaranteed that payment.

Those at fault (or those representing them) will often take advantage of this fear, manipulating it by using pressure tactics so that the injured party is more likely to take them up on their offer. For them it is a win-win situation as they usually save money, time and can often avoid some of the bad press surrounding these types of claims.

However if in most cases the first offer will be considerably less than what the claim is actually worth, with some cases having a difference of over 1000%. After the stress of an accident, which may have lead to loss of earnings, both past and future a difference of this much value can really change your life for the better, whereas an initial offer may only cover basic costs or loss of earnings so far.

The claims process can seem lengthy and frustrating at times, but if a solicitor is advising that the best course of action is to continue and not take the first offer, then they are usually right. Taking the first offer means that most injured parties will be given markedly less than they would have if the claim continued.

All in all if your employer didn’t protect you in the workplace, a reckless driver caused you injury or anyone else with a duty of care failed to carry it out correctly, then you are entitled to compensation and an apology, so why wouldn’t you try to achieve this?

If you think you may be entitled to make a personal injury or industrial accident claim then a specialist no win no fee solcitor will guide you throught the process.

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The Need For Psychological Rehabilitation Following A Road Traffic Accident

June 15th, 2010

This article focuses on research conducted by Dr. Manda Holmshaw PhD, consultant clinical psychologist and Clinical Director of Moving Minds, and Wilson Carswell OBE FRCS, Medical Director of Moving Minds. The article delves into the need for psychological rehabilitation in combination with physiological rehabilitation for individuals involved in a road traffic accident.

For those who have been injured in a Road Traffic Accident, rehabilitation is now acknowledged as playing an important role in helping the victim to recover more speedily from their injuries and get back to their normal work and social activities. However it is not always acknowledged that psychological rehab can be as important as physiological, especially in cases where prolonged problems or illness is brought on by trauma.

Under the belief that they are going to die or suffer serious injuries, persons involved in road traffic accidents RTA normally experience extreme cases of panic in that moment. The individual is able to deal with the trauma shortly after, because of the brain’s defence mechanisms which operate in removing these types of memories from the forefront of the mind. However, in some instances, this process is interrupted and the victim may begin to suffer long term psychological problems arising from their accident. These conditions include Travel Anxiety and Post Traumatic Stress Disorder (PTSD) which may prevent the individual from carrying on with a happy and active life.

An experiment in Oxford was conducted by Professor Mayou with 1000 RTA victims as they arrived into Accident and Emergency. The patients underwent various standard psychological tests to detect if they were experiencing any psychological problems after the accident. The tests were followed up in the next three years. The majority of the test subjects were deemed not badly injured enough to require admittance into a hospital, although one in three was showed to be suffering from a psychological disorder. Over the test period, this number gradually reduced to one in four victims showing effects of psychological disorder three years following the accident.

This poses a major problem when you take into account the fact that the majority of the group involved in the study had not yet been admitted to hospital, yet 25% of them showed signs of suffering conditions such as depression and PTSD years after the RTA occurred.

Evaluation and Diagnosis

Psychologists have over the years researched into various types of psychological illnesses. Tests have thereafter been developed to look into the symptoms in determining which problem the patient may be suffering from. Some of the widely validated tools used by psychologists in supporting their diagnosis include the Clinician Administered PTSD Scale (CAPS), the Impact of Event Scale (IES), the Hospital Anxiety and Depression Scale (HADS), the General Health Questionnaire (GHQ), the Beck Depression Inventory (BDI) and the Beck Anxiety Inventory (BAI).

Psychological Assessment

Psychological assessment is vital in the management of RTA victims who have experienced this type of trauma and possibly suffered injuries. This psychological assessment should be conducted in the patient’s home by the Clinical Psychologist or Psychiatrist or in their consulting premises.

A psychological assessment usually costs between 300 and 500 and lasts for around an hour and a half. During this time a test will determine the health of the person prior to their accident and the details of the accident will be noted. The Psychologist will then use the tools mentioned to diagnose any conditions present and then prescribe the correct course of treatment. Many Psychologists reports use the Rehabilitation First Code of Practice which means the form of reporting is independent and can be used in a claim for compensation if necessary.

Treatment

Medication is sometimes used and is especially helpful to those with depression; however RTA victims who often have PTSD or Travel Anxiety will find no benefit from medication as drugs do not assist the brain to integrate their difficult experience.

Medication plays a role and is especially helpful to those suffering from depression. However RTA victims, often PTSD or Travel Anxiety sufferers won’t find that drugs are helpful to the brain to integrate their bad experience.

Counselling is used in many circumstances including treating people with PTSD but is not recommended for people whose symptoms derive from one traumatic event. Counselling has shown that symptoms are unalleviated even after a long period of counselling.

Recommended treatments for these conditions include CBT, which is Cognitive Behavioural Therapy developed by psychologists over many years of study, exposure therapy, and EMDR (eye movement desensitisation and reprocessing). The principle of CBT is that a person’s thoughts affect their psychological well being, and by challenging unhelpful thoughts and testing new ways of behaving they can affect their mood and wellbeing. EMDR, used extensively in the eighties, works to allow the reprocessing of the feelings and emotions experienced in the accident or traumatic event. This is achieved by getting the patient to recall memories from the experience itself whilst the therapist stimulates their brain with eye movements or sound. EMDR seems as effective as CBT when treating PTSD cases but often takes less sessions to produce the same effect. Exposure therapy is used less frequently with more current emphasis on CBT, but involves a person with PTSD confronting the traumatic situation. This has also produced good results but is extremely emotional for the individual.

How to get Help

If you have been in a road traffic accident and are concerned that you may be suffering psychological problems due to the accident, you should consult your GP who will be able to make the suitable referrals for you to receive any treatment you may need.

You could also be entitled to make a personal injury claim for compensation. You should look for an experienced legal practice to handle your case such as Duncan Gibbins Solicitors based in Manchester who specialise in RTA cases and offer a no win, no fee service.

For specialist advice in regards to compensation claims for RTA victims, just visit www.duncangibbins.co.uk for everything you need to know about making a personal injury claim.

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Man Wins Over A Million In Fake Compensation Claims

April 19th, 2010

We’ve all heard of No Win No Fee compensation claims, and how they have made claiming much more accessible to those who have suffered an injury through no fault of their own. However not everyone who claims is a genuine victim, and in the last few years there are more and more con artists getting caught setting up compensation claim scams.

One of the worst cases occurred in Manchester and Liverpool, and involved Mohammed Patel staging road traffic accidents and then claiming compensation over a three year period, accumulating 1,600,000 in compensation.

Patel would target roundabouts in his vehicle and then brake suddenly, meaning that there was a good chance that whoever was behind him would not be able to stop in time and would hit the back of Mr Patel’s vehicle. After the impact he, and the passengers he took, would then struggle out of the car complaining of dizziness and clutching at their necks.

One driver they pulled the scam on described how the men in Patel’s car comically held their necks whilst getting out and said that he was surprised at how calm the men seemed considering they’d just been involved in a crash, as though they were used to it.

The scam was eventually revealed when a group of office workers in Manchester repeatedly saw Patel having accidents on a roundabout outside their office, which prompted the subsequent investigation and lead to a conviction.

At the end of the investigation it transpired that 24 other men were involved in the ‘accidents’ and compensation claims, but Patel was involved in all of them and was sentenced to prison time.

Scammers like this are not just hurting the insurers, they are also affecting everybody’s insurance premiums, and also endangering the lives of motorists, cyclists and pedestrians in the area.

If you have a genuine neck injury claim then seek the advice of an expert no-win no-fee soliciotr to help you with your claim.

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Slipped On Ice? You Could Claim

March 16th, 2010

The adverse weather conditions in Britain this year have been among the worst seen for years, and in the worst affected regions the hospitals have seen an increase in injuries relating to slips trips and falls. People have been leaving the car at home in a bit to stay safe, and taking to the pavements on foot: which have been just as treacherous.

In badly hit areas, such as areas of the Midlands and Sothern Scotland, A&E departments of hospitals were reporting an increase in slip related fractures, relating the slippery conditions. One Reading based hospital were forced to create extra theatre space to carry out a higher number of procedures after on e particularly accident filled day when they sae a 36% increase in patients.

Many people who have suffered injuries on ungritted pavements are frustrated with the way local councils prepared badly for the conditions, with some thinking of taking their grievances down legal channels. However if you’re one of the few considering it, you may want to hold off, as simply the fact that you fell is not enough to place blame with the council and their actions.

As one PI solicitor at Chester based Oliver & Co ‘you have to be able to show the council acted unreasonably in failing to grit the pavement’, which is more tricky to prove then you would first think. This is not the case, however, if your accident occurred on some sort of private land such as a car park, and in these scenarios bringing a claim may be more straightforward.

Privately owned areas, unlike the public highways and byways, are bound to ensure an areas safety is “reasonable in all circumstances” as part of the Occupiers Liability Act 1957.

All seems sunny for now, but should the weather take a turn for the worse again, we suggest only making necessary journeys, keeping your footwear sensible and taking things slowly.

Looking to find the best deal on compensation services, then visit www.whatsmyclaimworth.co.uk to find the best advice on no win no fee compensation for you.

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Can I Claim For My injury?

March 13th, 2010

If you have had an injury that was not your fault, then since the introduction of Conditional Fee Agreements in 1995 you have been able to make a claim on a No Win No Fee basis, meaning receiving deserved compensation has become less of a risk for the injured party. But what constitutes and eligible claim and who does pay the fees?

Personal injury claims are often viewed as a bit of a prize fund or windfall, but this is an inappropriate way of viewing them. Only claims where the accident or injury resulted in a actual suffering and/or loss of earnings should be brought and accidents which are minute in suffering, such as a minor cut which heals in a timely fashion will almost never result in a successful claim.

It is also worth noting that even with the most highly recommend, expensive solicitor, the fact you have an injury does not equal a successful claim, as other factors must be proved, such as who was a fault and medical evidence needs to be shown.

Similarly the actual monetary amount you receive is not based upon how much the opposition can afford or what the court deems fair, but it based on your suffering and loss of earnings, so taking a big company to court does not automatically equal a huge payout.

However if you do have a valid claim, then the No Win No Fee contract allows you to receive what you deserve after what is often a traumatic experience. When someone who has suffered an injury makes a claim, there should be no charge to them, whether they win or lose.

No Win No Fee works on the basis that if you have a successful claim the party who is to blame cover the costs and if the claim is unsuccessful any fees are covered under the legal insurance policy that was taken by the firm at the beginning of the claims process. This means that if you win you keep all your compensation and the fees are paid on top and f you lose you walk away no worse of.

So if you’ve recently been injured through no fault of your own, then my advice to you would be to go to a recommended personal injury solicitor and see if you can claim and let them help you with the next steps.

Looking to find a reputable no win no fee solicitors,then visit us to get professional and reliable advice relating to accidents and your compensation injury claims .

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The Symptoms Of Whiplash Explained

February 24th, 2010

Whiplash is a common condition after being in a car crash where there has been a sudden stop or extreme brake, such as in slow moving traffic or collisions. Whiplash occurs due to the soft tissue in the spine becoming strained or stretched, due to the body being thrown forwards.

Most suffers complain of stiffness in the head and back of the neck and frequent headaches. This usually occurs in the first couple of days following an accident and will most likely pass after a few days or weeks.

In rare cases a victim develops continuing symptoms, such as headaches, reduced movement in the neck, lumber pains, and disrupted sleep.

In some cases whiplash can be dangerous, and it is always advisable to alert a doctor or hospital if a patient experiences memory loss or unconsciousness after a collision. This is even more imperative if the patient has experienced pins and needles in the arms, has severe head pains or feels a sensation of heaviness through the arms.

When suffering with the pain of whiplash there are some things you can do to ease the symptoms. One of the best methods of relief is applying an ice pack to the back of the neck, and we’ve found that bags of frozen peas or other vegetables are useful for this, due to their malleability, as they cushion the affected area.. To use one safely it is best to wrap it in a towel so there is no contact with the skin, and be sure to keep the head elevated and use the pack for 20 minute intervals.

Further to this, by resting and wearing a soft supportive collar those suffering from whiplash are more likely to make a speedy recovery, though the temptation may be to try and continue in normal activities.There is no prescriptive treatment for whiplash, although taking paracetamol and doing specific neck exercises will ease the symptoms.

Learn more about compensation payments. Stop by our site where you can find out all about neck injury claims and how the process works.

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Need For A Spinal Injury Solicitor

January 28th, 2010

If a person meets with an injury in the spine due to the negligence of another person then the victim requires a spinal injury solicitor. This solicitor will help him to get justice by getting him a good amount as compensation. Now as we have understood the meaning of solicitor, let’s understand the specific duties and our need for this person.

Let’s define some of the important qualities of a good solicitor. Firstly the solicitor must be an experienced one who has already faced this type of case before. A beginner in this stream won’t be able to understand the tricks and various necessities of the cases. Whereas, an experienced lawyer can surely understand this. Thus he can help you a lot to understand every side of the case.

Secondly, a perfect solicitor must inform his clients about each and every corner of a case. Generally the victim is unaware of the major legal term. So it is the foremost responsibility of the solicitor to inform his clients about the legal aspects. So that in turn even he must be able to handle the burden of the legal pressure.

Thirdly, spinal injury solicitor must be able to negotiate strongly with the other group. As on the basis of this negotiation only the victim will get his justice, in terms of the compensation.

Nowadays the medical treatment and the expenses have reached the sky. So in order to avail all the treatments the victim must get a good amount of compensation. Then he don’t need to compromise in this aspect. This is actually where the solicitor plays his magic stick. With the help of his excellence he will get you a good amount as compensation.

A perfect solicitor will be that person who will file the claim in a perfect way. So that you get adequate money for paying your medical bills. Also, there will be enough for buying various other equipments like wheel chair. If you are shifted back home, then for keeping a nurse etc.

If you are told to resign from your job and take rest for the rest of your life, then you will be in a dilemma. Also, your family will be in a big problem. With the help of the solicitor you can get a good amount as compensation. This will not only fulfill your medical expense but also will give you financial support for the rest of your life.

So before hiring a spinal injury solicitor do a proper market research and interview various solicitors. So that finally you get the best one who will help you to get justice.

Jo Wilson is an expert in spinal injury claims. If you would like more information about types of spinal injury solicitor or are looking for a reputable law firm please visit http://personalinjury.ffw.com

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What Are Medical Negligence Claims?

January 28th, 2010

We all trust that the medical attention that we seek from a hospital, clinic or at the hands of a medical professional is the best and meets the requirements that are set for health care. Sometimes it does not work out that way and you may suffer as a result. Doctors can make mistakes or you may have been subjected to some form of negligence while getting health care. This is when you are able to make medical negligence claims.

There are many instances when you may not be getting the care that you need when going to see a doctor. A substandard service may result in making a late diagnosis or even injury in some cases. Here, it is your right to seek legal aid to resolve the matter and claim for compensation.

The process of making a claim like this can be very difficult. They tend to take a very long time and the procedure is very complicated. To be successful in your claim, you have to do your research and source out the best lawyer that you can find who specialises in medical cases.

As you will know, making a medical claim has very high legal costs. Sometimes it is necessary to be taken to court. If it ends up going to court, the solicitor’s representation will cost even more. You can find some lawyers will take on the case on a ‘no win no fee’ agreement but they are rare. Additionally, they almost exclusively take on cases that they feel will win.

You may try to get some private funding through an investor or bank, which is also not easy. If the case includes negligence of a child patient or those that suffer from a mental or physical disability, there is public funding available. Make sure you source out all possible means of getting funds together as this will be the biggest expenditure.

Many people are unable to claim due to the financial risks involved. So it is important weigh up how serious the effects of negligence has been. If it is something that has not had any lasting effects or injury, sometimes it is better to just seek an explanation from the institution.

If you are unfortunate to have suffered from medical negligence, you should make it known to the institution whether legally or by their complaints procedures. This way, people using the same medical services in the future may be helped from being in the same situation.

Jo Wilson is an expert in accident claims. If you would like further information about types of medical negligence claims or are looking for a reputable law firm please visit http://personalinjury.ffw.com

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