Posts Tagged ‘accident at work leeds’
Scaffolding accidents
Good morning everyone,
I thought I’d blog about accidents caused by or near scaffolding and the fact that this often includes working at height.
Sadly, we have dealt with a lot of accident compensation cases from these scenarios over the years because the erection and use of scaffolding can be very hazardous. There is no avoiding the fact that their erection and use exposes people to a cocktail of serious risks and hazards.
The scaffolding industry is extremely competitive and keen on price. Unfortunately, in my experience, that can often lead to corners being cut and unsafe practices being used. There is often a lot of time pressure put on employees to work fast and mistakes are made or poor work is overlooked.
There are many regulations in place that are aimed at making working at height and the erection and use of scaffolding safe. If they were always followed, then there would be a lot fewer accidents and those that did occur would be a lot less serious.
Scaffolding workers themselves are often exposed to unnecessary risks.
Personal protective equipment is vital, such as the use of hard hats, safety boots and gloves. It is amazing and sad how often serious accidents are caused simply by something being dropped from height and hitting someone who hasn’t got the proper safety equipment on and is standing below. It can be something as small as a tiny fitting, or as hazardous as a hammer, a big spanner or even a pole. If any of these hit someone they are going to hurt them, but wearing safety equipment will significantly reduce the seriousness of the injury.
Another common scaffolder’s injury is to the hand or fingers. They are under pressure to work quickly either removing or erecting steel fittings and it is all too easy to slip and hurt yourself, especially if gloves are not worn.
Probably the most hazardous risk for scaffolders, and for those who then use the scaffolding to work from, is the simple fact that they are working at height. A fall from height is still the most common cause of accident related death in the construction industry. These tragic accidents are almost always preventable with the simple precautions and equipment. Working at height is a very highly regulated area and shoddy employers can end up with criminal prosecutions as well as very strong injury compensation claims against them.
Put very simply, if someone has suffered injuries in a fall from height it is very likely that they have a strong chance of succeeding in a claim for compensation.
Scaffolding can be hazardous for passers by too and people going about their every day business. We have seen several of these injuries and accidents too.
If you’ve had an accident that has been near or has involved scaffolding then it is likely that you have a reasonable chance of winning a claim for compensation , so give us a free call or click on the case evaluation button below.
That’s all for now,
John
How do I know if I have an injury compensation claim?
Good afternoon everyone.
I thought I’d try and address this pretty crucial question for anyone who has been unlucky enough to have had an accident or suffered an injury.
The short answer is just give us a free call, or send us a quick free case evaluation message by clicking through the contact button below. We’ll let you know pretty soon whether we think you have a good chance of winning a claim.
We do have a fault based system of justice in England and Wales, so you normally have to have some person or body (like an employer at fault or a driver at fault) to bring a claim against. The identity of the opponent can often be quite simple and obvious, but sometimes it can be complex. You don’t need to worry too much though, because if you tell us the circumstances of the accident then we can tell you whether you have good prospects of succeeding in a claim and, if so, against whom it ought to be brought. There are even some strange circumstances where you don’t strictly have to have a genuine opponent, but you can still bring a claim.
We often get contacted by people who are really uncertain, even embarrassed, about whether or not they might have a claim; in fact some people blame themselves for their accident. Once again, it’s free to find out, so just contact us and we’ll talk it through with you.
The case studies on our website ought to help you with some good examples and the claims process section will do too.
One crucial and simple piece of advice for all accident victims is that time limits apply to the bringing of claims. It makes sense to get on with any claim as soon as possible, because you don’t want to lose out on any chance of claiming simply by missing a time limit. Information can be lost over time too and witnesses can be lost and evidence can go cold. I’d urge you to call us for free as soon as possible, if you want to consider whether you might have a claim.
Some people worry that they are doing something wrong in thinking of claiming, but remember that you have already suffered an injury, don’t make things worse by missing out on a chance to recover proper compensation. The law decides whether you may be entitled to it, so enquire with us today.
That’s all for now,
John
Claims for foot injuries
Afternoon all,
John blogging again.
I thought I’d blog about claiming compensation for injuries to the foot or feet.
Foot injury compensation claims are pretty common and we have dealt with a lot of them over the years here at Ibbotson Brady Solicitors.
Feet are quite vulnerable parts of our bodies. I’ve had claims where things have been dropped on them, where feet have been crushed in the work place and where feet have been run over, to name just a few scenarios. The mechanics and the structure of the foot makes them particularly vulnerable too. They are weight bearing and there are lots of small but important bones and many complex soft tissue structures, like tendons and ligaments.
In a workplace where activities like loading or packing or carrying heavy materials are involved, then employees really ought to be issued with personal protective equipment, or “PPE”. Where there is any possibility or likelihood of a foot injury then the PPE issued ought to include work boots or shoes with steel toecaps.
As with all injuries it is important to seek medical treatment before thinking about making a claim. In the long term your health and recovery will be more important than a compensation claim. By seeking medical help you will also have the accident and the injury logged and recorded, so make sure you give a clear description of how it happened to the doctor.
Foot injuries commonly affect your mobility and perhaps the ability to work, so they can often lead to large loss of earnings claims in addition to all of the other losses you can seek recovery for.
Foot injuries themselves will attract compensation for your pain and suffering too, if you have a good claim. For example, very serious injuries such as an amputation of one foot can attract pain and suffering damages alone of up to £78,300 (Source: Judicial Studies Board guidelines, 11th edition). More modest injuries like a moderate toe injury such as a straightforward fracture would be likely to attract pain and suffering damages of up to £6,850 (same source).
If you’ve had an a accident and hurt your foot (or anything else for that matter) we’ll speak to you for free and without any obligation. We can let you know whether we think you have a good claim. If we think you do, then we will be happy to offer you a “no win, no fee” arrangement so that if the claim does not succeed you will still not have to pay anything. In other words it’s free to try. Give us a call on the above number or click the case evaluation button below and we’ll call you back.
That’s all for now,
John
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Changes in the law
Many of you will have seen from the press and TV coverage that the law relating to Personal Injury claims will change from 1st April 2013.
The changes are huge and will have an enormous effect on you, the innocent victim of an accident. The time for protesting about the changes and campaigning about the injustice of the changes on people who have been injured through no fault of their own has long since gone. The changes ARE coming in and they will take effect in less than 3 weeks time.
I have noticed that there is a lot of confusion as to what the changes will mean to you so it may be useful for me to give a guide on the ones that will effect you most.
Firstly the legal fees that are recoverable in claims for injuries arising from road traffic accidents are about to be cut dramatically meaning that it will be impossible for solictors to carry out the work on your case WITHOUT a contribution from the damages (up to 25%) you are awarded to cover the cost of the work necessary on your case. My best advice is that if you have had a road traffic accident and have not yet made a claim then do so NOW before the 1st April because after that date the amount the will actually receive for your injuries and losses will be reduced as you have to make a contribution to the cost of pursuing the claim. And if you have a road traffic accident AFTER 1st April be cautious about who you instruct to deal with your case for you - do not shop around for the “cheapest deal” because in all likelihood what you will get is a cheap service. After 1st April it will be more important than ever that you instruct a good solicitor who will still do the right job for you and not cut corners because the fees recoverable are reduced.
There is some good news in that the damages you can claim will be increased by 10% which goes some way to meeting the cost of the contribution you will have to pay but wont of course cover all of it.
Similar rules are due to come in for accidents at work and acidents on the public highway (trips and slips) in July so again my message is that if you have already had an accident contact a solicitor before July to make sure that your claim is made before the changes in the law affect you.
But remember this… Even after 1st April accidents will still happen; You will still have the right to claim if you have been injured and suffered a loss and you will still have the right to instruct a solicitor to pursue your claim for you. The fact that that you may have to make a contribution to the cost should not discourage you from bringing your claim but it SHOULD encourage you to make sure you get the best legal advice and support you can. This is one of those occasions when the level of service you receive is far more important that the cost to you.
Here at Ibbotson Brady we plan to carry on as we have always done – offering the same personal service to you that we have built our reputation on and providing the high quality of service we believe you are entitled to receive.
Until next time
Lorraine
Ibbotson Brady rebrand
Good morning,
I thought I would give you an update on our exciting rebrand and let you know how our mascot got on during his big day at Twickenham.
The logo and artwork has had a freshen up and we have adopted the strap line “injury claims ethically”, because that’s what we do!
West Park Leeds under 12′s rugby team are doubly lucky. As Lorraine said in her last post, one of them (the lucky Jack Booth) got to go to Twickenham to walk out with the team and his mentor, Danny Care the livewire scrum half who played his junior rugby at West Park too. The match was shown in the clubhouse in Bramhope on matchday V the Springboks and the biggest cheer was saved for when Jack appeared on the big screen.
He and his equally lucky dad Tony had a brilliant day, although England couldn’t put the icing on the cake, going down to a narrow nail-biting defeat. England saved the best till last though and won emphatically the week after against a stunned World Champion All Blacks side.
It was great to see our logo on Jack’s shirt, although I doubt chief England sponsors O2 were quivering their boots.
I said West Park U12′s were doubly lucky and that is because England coach and Leeds local Stuart Lancaster helps to coach them too, when he’s not very busy with his day job! We don’t see too much of him when England are playing, but we can forgive him that because he is great when he is around and really gets stuck with the coaching. He was on hand yesterday to help the boys acheive a sound Yorkshire Cup win over Doncaster. I was proud to see all of the boys wearing their new shirts, complete with Ibbotson Brady logos.
We’ll never see them that clean again.
Thats all for now.
John
Health and Safety myths
Good morning again.
We have all heard and read about conkers, cheese rolling, donkey derbies, hog roasts (and many, many more activities) being “banned” on grounds of the dreaded phrase, health and safety, often referred to cynically as “health and grumpy”. When I hear of or read stories like these it frustrates me greatly, because it is usually a massive and unnecessary overreaction to ban an event with mild risks involved.
If it was the right approach to ban things then no one would ever carry out any pursuit, event or hobby that involved mild peril, or worse. Hand gliding – banned, horse riding – banned, climbing – banned, BBQs – banned. If these things are planned and supervised well, then what is the problem? This is equally true in the workplace. Workplaces can be risky too, but look what benefits sensible health and safety precautions and planning have brought to previously highly risky jobs like coal mining and steel production.
Even the law, despite many misconceptions, recognises the “utility” and benefit of events and pursuits and of workplaces being able to get on with producing or achieving what they need to, safely, but without too much red tape, delay, cost and “can’t do” attitude.
The law is not a representation of “bah, humbug”, aiming to ban everything. Take the issue of pre-event or workplace risk assessments. They are usually a very good idea and need not necessarily be grand things, or even much more than exercising diligence and common sense in considering and recording potential risks. Don’t get me wrong; if you are working with molten steel at 1100 degrees, or planning to organise a group of teenagers abseiling down 1000 feet then you need to be incredibly diligent and detailed in your planning, but each activity is different and needs to be assessed so. A group ramble through some woods wouldn’t need such detail or planning.
A very senior judge in a recent case involving arguments over whether suitable protective equipment (heavy duty gloves in this instance) was provided for someone to do their job safely said:
“The court may well be assisted by consideration of what a properly conducted risk assessment would have revealed but, in the end, the question is the suitability of of the protection provided”.
That doesn’t sound unreasonable or over the top regarding health and safety, does it? Despite what the media say, judges are, on the whole, actually very sensible and switched on! They do live in the real world.
In my job as a Solicitor helping injured people, and in a former role as health and safety governor at a school, I do see both sides of it though. I see the need for risk assessments and for sensible, thought through precautions. Not just banning things, but seeing how they can be done safely, or at least in an open and clear manner, so that people are fully aware of any risks before they do anything.
When people call me for help with an injury claim, it is usually because something has already gone wrong and they have been hurt. It is often sad to see how a bit of common sense and planning would have prevented an accident. To me, that is what good health and safety is about – proportionate, responsible assessment of the risks, plus the minimising of those risks and the communication of the risks that remain.
That’s all for now. If you need us, call us on 0113 3663022 or click the enquiry “case evaluation” button below.
John
Inspirational Paralympians put the spotlight on the power of rehabilitation
Hello again, John here.
The amazing summer of Olympics and Paralympics is about to come to a close, but how incredibly inspirational it has been. I was lucky enough to go to some of the events at the London Games with my family and we now have some fantastic experiences and memories to recall for ever.
All of the athletes at both Games have doubtless overcome adversity and tough times of some sort in order to compete and achieve. In particular, the Paralympians who have sustained their disabilities through accidental injury or, in the case of ex-services personnel, perhaps violence will all have been through the long and tough process of rehabilitation from their injuries. It’s likely that all of the other athletes will have many experiences of rehab too, but those with accident or violence acquired injuries and disabilities to recover from have the closest parallels to the remarkable clients I work with.
It’s an unfortunate fact that in my job I meet people once something nasty has already happened and they have been hurt. It’s my job to help them come through that terrible experience and, very importantly, help them to achieve the very best outcome and recovery that they can. No two people are the same and so the path to rehab and recovery is a very personal and subjective thing. Some of it is about helping them to secure fair and appropriate financial compensation to safeguard their future, but some of it is also about securing the best physical and mental outcome so far as their permanent well-being is concerned.
Rehabilitation is a long word and it has a lot of meanings and implications. It is to do with body and soul, physical and psychological, but it can also include things like securing and funding appropriate treatment and therapy, or perhaps sourcing aids and appliances that help to maximise the optimum recovery and garner the ability to cope and then thrive in the future.
Opponents in injury compensation claims are usually big insurance companies and they have an interest in rehabilitation too. They want accident victims who are claiming compensation to make the best recovery possible. This means that they are very keen to fund and organise, or at least help with, active rehabilitation. Cynically speaking you might say that this is not really altruism and good will on their part, but more to do with the fact that the better the injured person’s recovery, the more likely they are to go back to work sooner and get on with their lives and so the compensation will be less likely to be very high.
Although the big insurers might be a bit cynical in this regard in trying to minimise what they pay out, their instincts are right. It is better for the injured person, for his or her family and for society in general for them to get the best recovery possible, allowing them to move on with their life and achieve the best that they can.
Looking at the inspirational and high achieving athletes we’ve been watching you can see that they are squeezing the pips out of life and taking every opportunity and aspiration to the max. Rehabilitation is both a resource and an opportunity.
Will blog again soon,
John
Finger and hand injury compensation claims
Hello again,
I thought I would concentrate on one sort of injury today and the kind of compensation claims that often arise from it. I’ve decided to blog about finger injuries, the common causes of them and how we can help you to bring injury claims for them.
Very important things fingers, as you quickly come to realise when you can’t use one or more of them, for one reason or another. Think about your average day for a minute and just about every task that you do, from getting up in the morning until you go to bed at night, involves using your hands and fingers. Lose the use of a finger or fingers, or worse, lose one or more entirely and you are talking about very serious and disabling consequences. It can be even more worrying if your dominant hand is the one affected.
I broke my dominant arm badly once in a rugby game and the 3 surgeries and 9 weeks in pot up to my armpit taught me how massive a disadvantage and handicap it is to be one handed, albeit temporarily in my case.
Because the consequences of finger injuries can be so grave, injury compensation claims involving them can be pretty complicated and valuable. We’ve run lots of these claims, including many traumatic amputations of fingers, and they do need special attention and expertise. Even when a finger is not amputated, cuts or crush injuries can cause very serious consequences, because fingers have so many delicate tissues like fine ligaments and tendons inside them. Even what seems to be a relatively trivial cut or injury can actually have massive a impact because of the loss of finger function or sensitivity. We use fingers to do delicate precision work like writing, typing and even the more mundane things like doing up buttons and tying shoelaces.
Normal rules apply to these finger injury accident claims in that we have a fault based legal system. You normally need an opponent who was at fault in causing your injuries to be able to claim compensation.
Some scenarios are pretty obvious and are likely to give rise to the right to claim, like where you are injured at work and there has been a failure to keep you safe on the part of your employers, or where you’ve been exposed to something dangerous like a faulty product. Other scenarios are less likely to give rise to the right to claim, like where you hurt yourself in your own home, although even then there can often be an X-factor leading to the possibility of claiming. Don’t ever assume you can’t claim. Call us free and find out what we think.
Common scenarios we have seen include:
- Finger amputations or serious cuts caused by unguarded or otherwise unsafe machinery at work
- Similar injuries caused or worsened by a failure to provide proper PPE (safety equipment like gauntlets or gloves)
- Crush or severing injuries on construction sites
- Vibration White Finger (often referred to as HAVs – hand arm vibration) caused by unsafe exposure to vibrating tools or machinery
- Severed fingers or cuts due to faulty products (for example see my earlier blogs about Phil and Teds pushchairs and the claims I am running from finger amputations and injuries caused by their folding mechanism and unguarded hinges)
There are many more possible scenarios and the chances are that we will have experience of just such an accident as you might have been unlucky enough to have suffered.
If you have had an accident like this, give us a free no obligation call, or click on the case evaluation button below. You are entitled to and deserve compensation. I’m sure we can help you.
That’s all for today,
John
How important is your choice of solicitor?
The simple answer to this is that your initial choice is VERY important!
If you have ever been involved in an accident then what I am about to say will sound familiar. And if you have not been involved in an accident then I hope that the following is of some guidance to you if you ever should have an accident.
You cannot escape the fact that TV advertising for Personal Injury/Compensation claims is big business! At just about every commercial break you see adverts from Solicitors and Claims Companies all wanting to deal with your case and all offering the best service ever! You may also find that following an accident you are mysteriously approached by Solicitors and Claims Companies who somehow know that you have had an accident and they want to deal with your claim for injuries.
But before you respond to that TV advert or say “Yes” to a caller who telephones you offering to deal with you case, just step back and take stock of YOU want.
1. Remember that this is YOUR case and you make the decision on which solicitor to instruct. Take your time to get it right!
2. If you are responding to a TV advert check whether the Company you have called is a firm of Solicitors or a Claims Company. If it is a Claims Company then they will not be dealing directly with you case – they will be selling your on to a firm 0f solicitors and you have no control over who that firm of solicitors will be.
3. Don’t be persuaded by smooth adverts that repeatedly tell you how you will keep 100% of your compensation – this isn’t something new, in fact it is standard practice for the vast majority of Solicitors who do Personal Injury work.
4. You will usually find that if you respond to a TV advert then the Solicitor who then deals with your case is not in the same geographical area as you. So ask yourself the question whether you are happy with the fact that in all likelhood you will never meet the solicitor dealing with your case and if you have a problem you will only be able to resolve it over the phone.
5. Because you do not know when you respond to a TV advert which Solicitor will be dealing with your case, you have no idea as to their level of expertise, their reputation, or whether your case will be dealt with by a qualified Solictor or just a legal clerk.
6. Will the same person be dealing with your case all the way through or will it be dealt with by a “Team” ? Are you happy with that?
7. Ask youself the question whether you would buy a house or a car without seeing it first or knowing what you were getting. If your answer is “No” the don’t buy a Solicitors serveices in the same way. Your claim is important and it HAS to be dealt with properly if you are to get the right amount of compensation.
At Ibbotson Brady we offer a tailor made service, centered around YOU and what YOU need. We offer home visits as a matter of course including weekends and evenings because we believe that your case should be dealt with at YOUR convenience. You will ALWAYS have a fully qualified and very experienced Solicitor dealing with your case (myself or John) and we will stay with you throughout (no chopping and changing and sending off to “another department”). And you can “Try before you buy” – our first interviews are entirely free and if at the end you decide you don’t want to go ahead then that is fine with us – there will be no pressure or obligation.
Oh yes… and you keep 100% of your compensation ; ))
At Ibbotson Brady we are passionate about what we do and offer service which we consider is second to none!
If you have been involved in an accident and have sufffered injury and possibly financial lossee then give us a call – you won’t be disappointed!
Lorraine
The cost of making a claim
Just about everyone who has ever thought about making a claim for damages for injuries and losses as a result of an accident will have heard the phrase “No Win No Fee”. In fact if you watch the advertisements on TV you will see this repeated several time an hour!
Whenever I meet a new client however, this form of “funding” a claim still carries a certain amount of mystery to it and the question I am often asked is “Is it REALLY No Win No Fee? Is there a catch to this?”
The simple answer to this is that the work we do really IS No Win No Fee and there is NO catch! It used to be the case that claims for compensation for injuries could be pursued by using Legal Aid (subject to financial quailification). That kind of support has long since disappeared for the vast majority of cases and in its’ wake came the No Win No Fee system. This recognises that in order to have access to justice injured people need a system whereby they can bring a claim and be safe in the knowledge that they are not going to face a large solicitors bill for work done on their behalf. This assurance on costs is at the very heart of the No Win No Fee system.
When a solicitor first discusses a new claim he/she assesses the prospects of that case succeeding. Some cases are easy to assess whilst others are not. You may have come across the term “Success Fee”. This is a percentage that a solicitor adds to the No Win No Fee agreement to reflect the degree of risk being taken in running a case. In short, a solicitor will get paid a little better on the successful cases to effectively “absorb” the loss on cases that are unsuccesful. It works – it allows injured people who could not afford to use a solicitor the chance to still make a claim without having to worry about how they will pay for it.
There are moves afoot at the moment to change this system and as and when those changes take effect I will let you know how they will affect you but for now the No Win No Fee system is alive and kicking!
You should be aware that No Win No Fee agreements are not universally applied in the same way. If you have had an accident and are thinking of bringing a claim for your injuries and losses then first make sure exactly what you are agreeing to. Some firms do not charge anything if you are unsuccesful but then charge you a fee (or take a percentage of your damages) if you win. Also check if you are expected to pay any fees for medical reports, notes etc. And ask how you will be protected against having to pay the OTHER SIDE’S costs if you lose. In summary you need to ask all the right questions to make sure that you really understand how your case is being funded. If in doubt ASK. A good firm will be happy to address and deal with any concerns you have and confirm to you in writing to give you the reassurance you need.
At Ibbotson Brady we have been dealing with cases on a No Win No Fee basis for 0ver 12 years. This is how the vast majority of our cases are funded. If you have any questions give me a call and I will happily go through it with you.
Lorraine