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Month: February 2020

What counts as a slip, trip or fall?

Posted on by Jonathon

The most common type of accidents in the workplace continue to be slips, trips and falls. Although these terms sound very similar and may seem like they have been grouped together because of this, they are in fact quite different from each other and protecting you from injuries caused by slips, trips and falls is part of your employer’s legal duty of care to you under the terms of the Health and Safety at Work Act and other relevant legislation.

Slips

In terms of the workplace environment, a ‘slip’ is defined as any time your feet lose grip on the surface you are either standing or walking on. This may be due to the floor being wet, because it has recently been polished or because a rug hasn’t been securely fixed to the ground.

An example of when this would stray into the territory of your employer breaching their duty of care to you would be if the cleaning staff mopped the floor but then failed to leave out the correct warning signage and you then slipped on the wet floor and harm yourself. In this instance, your employer would be at fault for failing to ensure the cleaning staff had done their job correctly and you would potentially be able to claim compensation from your employer for any loss of earnings you suffered while having to take time off work in order to recover.

Trips

In terms of the workplace,  a ‘trip’ usually happens when you are walking on an uneven surface or if the lighting in part of your workplace isn’t bright enough for you to see items that are large enough for you to trip over.

If your workplace has a cluttered floor and, for whatever reason, you trip over and injure yourself, this would be an example of a trip in the workplace your employer would be liable for.

Falls

While the term ‘fall’ usually makes us think of a fall from a great height, that is not always the case in the workplace. For example, you may simply be using a small stepladder to help a colleague hang something on the office wall. If the stepladder is faulty though, you or your colleague may incur an injury as a result. While this may seem inconsequential, it is worth remembering that even a fall from a few inches can cause nasty injuries.

How we can help

Slips, trips and falls are still the most common form of workplace injury and, only by following Health and Safety guidelines, will the number of incidents start to come down.

However, if you find yourself injured because of one of the above types of accidents, be sure to speak to a recognised personal injury solicitor at the earliest opportunity.

At The Compensation Experts, we work with specialist law firms who have a track record making successful workplace injury compensation claims. We and the firms we work with have a lot of experience in these cases and so, are well-placed to help you get the maximum amount of compensation you are entitled to. After your initial consultation with our advisors, which is done on a free no-obligation basis, we will match you with the firm who best suits the circumstances of your case.

If you decide to progress your claim, your solicitor will collect any evidence to help build the strongest possible case to support your claim. This evidence will be used not only to prove your entitlement to compensation but also to show the extent of your physical and financial suffering to ensure the amount you receive is fair.

Do not hesitate then to get in touch with us via the contact form on our website or by calling 0161 413 8765.

A Guide to Carpal Tunnel Syndrome

Posted on by Jonathon

Carpal Tunnel Syndrome (CTS) is a debilitating condition caused by the compression of the median nerve within the wrist. Because of this, the condition is heavily linked with Repetitive Strain Injury (RSI), although it should be said that the conditions are distinctly different.

In this guide, we wil outline the causes of CTS, how to treat it and how we can help if you have developed CTS due to your job.

Causes of Carpal Tunnel

CTS can be caused or exacerbated by repetitive movements. Therefore, you should try to avoid using your hands for unnecessary tasks at home and at work. For example, spending a long time on a computer using a keyboard or a tablet/smartphone at home will only make the condition worse.

High-risk job roles and tasks that should be avoided are ones that require you to work very fast in order to hit targets. Assembly lines, stock processing warehouses and heavy labour jobs in particular are common workplaces associated with the diagnosis of CTS.

We acknowledge that avoiding repetitive tasks at work can be difficult though. However, your employer is legally obliged to do everything they reasonably can to protect your physical well-being while you are at work. Furthermore, if you develop a condition or have a pre-existing condition, they have to make reasonable adjustments to your working environment and your duties in order to accommodate you.

You should inform your employer of your condition then and explain the situation. They should then support you in every way they can and carry out risk assessments on your workspace. You may be able to pursue a claim for compensation if your work has caused or exacerbated your condition.

The difference between Carpal Tunnel and Vibratory Carpal Tunnel

Carpal Tunnel Syndrome can also be brought on by the constant use of vibratory tools, such as pneumatic drills, chainsaws, and grinders. This is known as Vibratory Induced Carpal Tunnel Syndrome (VCTS). The symptoms are similar, but the cause of the condition is heavy vibration affecting the wrists and causing swelling which, in turn, puts pressure on the median nerve. In these cases, the cause of the condition is almost always due to the sufferer’s occupation as well as using the correct personal protective equipment (PPE) when operating tools.

Anyone who operates heavy hand tools, especially ones that emit high levels of vibration are at high risk of contracting VCTS and another condition known as Vibration White Finger.

Treatments for Carpal Tunnel

Corticosteroid injections are a possible form of treatment and can be provided by the NHS. This is a non-invasive treatment and does not require surgery. Other basic treatments can be simply applying a wrist splint to support your wrist on a daily basis.

Decompression or release surgery is also available on the NHS. As it is a surgical intervention, this procedure will not be considered by a medical professional unless the condition is very severe and other treatments have not worked though.

How can The Compensation Experts help?

If you have been affected by CTS or VCTS and believe it to be work-related The Compensation Experts can provide legal assistance and help you obtain compensation on a No Win No Fee basis. Our offices are open Monday–Friday 9 am–5 pm and our expert advisors are always on hand to discuss. If you are thinking about making a claim why not get in touch today for a brief, no-obligation chat today.

If you believe that your workplace environment or your tasks at work have caused CTS to develop, you should first speak to your employer to ask for reasonable adjustments to be made. If these do not occur, and you then develop the condition or your condition worsens, then your employer is liable and you may be able to claim compensation from them.

At The Compensation Experts, we work with specialist legal firms who have a proven track record in making successful industrial disease and workplace injury compensation claims. We and the legal firms we work with have a lot of experience in these cases and so, are well-placed to help you get the maximum amount of compensation you are entitled to. After your initial consultation with our advisors, which is done on a free no-obligation basis, we will match you with the firm who best suits the circumstances of your case.

If you decide to progress your claim, your solicitor will collect any evidence to help build the strongest possible case to support your claim. This evidence will be used not only to prove your entitlement to compensation but also to show the extent of your physical and financial suffering to ensure the amount you receive is fair.

Do not hesitate then to get in touch with us via the contact form on our website or by calling 0161 413 8765.

What should I do if I’ve suffered Repetitive Strain Injury at work?

Posted on by Jonathon

Repetitive Strain Injury (RSI) is an umbrella term for an increasingly common range of injuries that affect the hands and wrists and which are caused by prolonged and repeated movement. Initial symptoms may only initially appear while a certain action is being carried but may include aching, soreness or pain, stiffness, cramp, loss of strength in your hands, throbbing or numbness.

(Please note that RSI is a different condition to Carpal Tunnel Syndrome, which affects the same area.)

Symptoms will usually be mild initially and will not cause you too much concern. However, if left unchecked, these symptoms can gradually develop into severe, potentially constant pain and long-term health issues.

What causes RSI?

Repetitive strain injury is usually caused by damage to the tendons due to prolonged over-use. Poor posture, often related to inadequate working conditions, can also exacerbate tendon damage, leading to RSI. Other contributory factors include cold temperatures, often from working outside or if the office you work in isn’t heated sufficiently, as well as regular contact with vibrating machinery, which can also cause other industrial diseases like Vibration White Finger.

Who is at risk?

Anyone who carries out repetitive movements is potentially at risk from contracting RSI. Office workers who spend long periods of time tapping at computer keyboards often get RSI in their fingers and wrists. Factory workers who spend hours of every day assembling items or carrying out repetitive duties often contract RSI as a result of their work. Construction workers who work outside in cold temperatures, often with vibrating machinery such as drills are also at risk.

What to do if you think you might have RSI

The first step should always be to visit your doctor or GP, who will be able to tell you what steps you need to take to stop your condition worsening. As you will now have been officially diagnosed by a medical professional and this diagnosis will now be a part of your medical records, it also means that your employer will be required to act to help stop the condition getting worse as well.

Your employer’s duty

It should be said though that your employer has a legal duty under the Health and Safety at Work Act 1974 and its subsequent updates to do everything reasonably possible to protect your physical well-being at work. This includes doing everything it reasonably can to prevent you form developing RSI in the first place. If you do then develop any kind of injury or disease, whether it has been caused by the workplace or not, your employer is also required to make reasonable adjustments so that you are able to continue working.

How we can help

If you believe that your workplace environment or your tasks at work increase the risk of you developing RSI, you should first speak to your employer to ask for reasonable adjustments to be made. If these do not occur, and you then develop the condition, then your employer is liable and you may be able to claim compensation from them.

At The Compensation Experts, we work with specialist legal firms who have a proven track record in making successful industrial disease and workplace injury compensation claims. We and the legal firms we work with have a lot of experience in these cases and so, are well-placed to help you get the maximum amount of compensation you are entitled to. After your initial consultation with our advisors, which is done on a free no-obligation basis, we will match you with the firm who best suits the circumstances of your case.

If you decide to progress your claim, your solicitor will collect any evidence to help build the strongest possible case to support your claim. This evidence will be used not only to prove your entitlement to compensation but also to show the extent of your physical and financial suffering to ensure the amount you receive is fair.

Do not hesitate then to get in touch with us via the contact form on our website or by calling 0161 413 8765.

Stormy conditions no excuse for unsafe pavements and roads

Posted on by Jonathon

If you’ve gone to work, taken the kids to school or frankly done anything that’s required leaving the house in the last few days, then you will no doubt have experienced the effects of Storm Ciara.

With Storm Dennis now forecast to be hitting British shores by the weekend, we are likely to continue experiencing disruption to public transport, sporting fixtures and our daily lives for the foreseeable future too.

This bout of bad weather has meant that, in recent days, it has been hazardous to walk down the street – even in areas that haven’t experienced flooding thankfully, there has still been large volumes of ground water, as well as black ice in some parts, on pavements and roads.

Add to this the high winds, fallen trees and blizzard conditions that we’ve had, and it would be fair to say that it has also been treacherous to drive on UK roads the past few days, thereby increasing the likelihood of accidents happening.

It is the responsibility of your local council to ensure that the highways and byways around you – this includes both the roads and pavements – are cleared and gritted in icy and windy conditions and so, safe to travel on. Similarly, it is the duty of Highways England to make sure that the nation’s motorways are safe for motorists to use, while it is the responsibility of Transport Scotland north of the border.

If this is not done, and you are involved in a road traffic accident (RTA), or suffer a slip, trip or fall while walking down the street, you may be entitled to compensation.

At The Compensation Experts, we work with specialist law firms who have a track record of making successful compensation claims against local councils and after RTAs have occurred. We and the legal firms we work with have a lot of experience with these types of cases and so, are well-placed to help you get you the maximum amount of compensation.

If you have been involved in a road traffic accident or have sustained any type of injury while out in public the last few days, the stormy conditions we have been experiencing are not an excuse. Therefore, you may be entitled to compensation.

Do not hesitate to contact The Compensation Experts via the contact form on our website or by calling 0161 413 8765.

The statute of limitations and personal injury claim time limits in the UK

Posted on by Jonathon

Do you want to make a claim after an accident or injury that wasn’t your fault, but aren’t sure how long you have to make it? Here’s everything you need to know about the personal injury claim time limit in the UK.

What is the statute of limitations in the UK for personal injuries?

Sometimes, when you’re eligible to make a compensation claim, you may not be ready to pursue it straight away. Of course, this may lead you to worry about exactly how long you have to make your personal injury claim.

Fortunately, UK law has safeguards in place to ensure that there is a reasonable timeframe in place within which you can make your claim.

This time limit is known as the statute of limitations. UK law incorporated its use as part of the Limitation Act established in 1980. It serves two purposes:

  • To ensure all evidence gathered for personal injury cases is as recent as possible.
  • To protect defendants against persistent fear of litigation.

The personal injury claims time limit in the UK is set at a three-year maximum, however, there are exceptions to the rule. If you’re unsure whether your personal injury claim falls under the normal personal injury claim time limit in the UK, it’s best to speak to a personal injury lawyer at the first possible opportunity. We work with expert panels of solicitors and lawyers, so we can help you find the right solicitor for you.

When does the limitation on personal injury claims take effect?

Typically, your personal injury claims time limit will begin from the moment you first become aware of your injuries or illness. In most instances, this will be the date on which your injury was suffered.

However, as the symptoms of many medical conditions, such as industrial diseases, can take months or even years to manifest themselves, the potential start date for your personal injury claim time limit can vary.

It’s important to note that you should seek medical attention as soon as you discover your injury or illness. Not only will this ensure timely treatment for serious cases, but it will also ensure that your claim for compensation is unimpeded by accusations that you contributed to your own condition by failing to have it treated in time.

Exceptions to the UK limitation on personal injury claims

As mentioned, there are a few exceptions when it comes to particular cases of personal injury. These adjustments to the UK personal injury claims time limit often occur due to a claim conflicting with other legislation, or instances in which a claimant is unable to support their claim for one reason or another.

If your injury or illness falls into one of the following categories, your personal injury limitation may potentially differ from the standard three years.

The Athens and Montreal Conventions

The Athens and the Montreal Conventions (1974) are a specific set of rules that dictate the personal injury claims time limit someone injured at sea or on board an aeroplane has to make their claim.

These conventions apply to those who are residents of the UK and in other countries in which they have been ratified. They actually reduce the personal injury claim time limit of a claimant to two years rather than three. Therefore, if you were injured in one of these settings, you should look to pursue your claim as soon as possible.

It is important to note that this does not apply to any injury or illness suffered aboard. In these cases, you’ll need to speak to a solicitor for advice on how to pursue your claim.

Personal injury claims time limits that conflict with the Consumer Protection Act

In the cases where personal injury claims conflict with the Consumer Protection Act, injuries caused by a product you purchased may be claimed within three years from the injury date, provided that the product has been available in the UK for less than ten years.

The longer a product has been in circulation without recall, the lower the personal injury claim time limit in the UK. For example, if you were to sustain an injury because of a product nine years after it was released onto the market, you would only have one year in which to claim public liability compensation.

Personal injury claims time limits for personal injury claims involving children

Individuals under the age of eighteen are not legally allowed to pursue a compensation claim or instruct a solicitor when pursuing a personal injury claim. Thus, the personal injury claim time limit in the UK of three years cannot be applied.

However, a parent or guardian may initiate a claim on behalf of a child before they reach adulthood, in which case, you will still have three years to make the claim.

Alternatively, an under-aged individual can wait until they are old enough to pursue a claim on their own. In this scenario, the limitation on personal injury claims would begin from the moment they turned eighteen.

What is the statute of limitations in the UK under the Mental Health Act or after suffering catastrophic brain injury?

Under the UK Mental Health Act (1983), a claimant must possess the cognitive ability in order to be able to pursue a claim for compensation.

If an accident victim is left comatose by an accident, has reduced cognitive ability, or has suffered irreparable trauma to the brain, the time limit imposed by the UK Statute of Limitations for personal injuries is paused until the person regains the mental capacity to be able to pursue a claim.

However, if a person is unable to regain their cognitive ability due to a serious injury, a claim can be made on their behalf by a Litigation Friend under the standard three-year limit.

Are there extensions for the standard personal injury claims time limits?

In certain special circumstances, an individual pursuing a personal injury claim may be granted an extension on their personal injury time limit in the UK. However, these extensions to the UK Statute of Limitations for personal injuries may only be granted by a court.

There is also what’s known as the concept of a “Standstill Agreement”, which effectively stops the clock on claims for a set period of time. But the use of this measure must be agreed upon by all parties beforehand in order for it to be implemented.

Using the statute of limitations in the UK

Considering the implications the UK Statute of Limitations for personal injuries may have on your claim for compensation, you should always seek to pursue your claim as soon as possible.

Although two or three years may seem like ample time in which to pursue personal injury claims, preparing a compensation claim can sometimes be a long and complex process, so starting your claim as soon as possible will give you the best possible chance of success.

As mentioned above, several instances exist in which the time limit for claims in the UK can be reduced or extended. For this reason, it’s imperative that you speak with a personal injury claims solicitor about the time limit on compensation claims in the UK and the impact it may have on your claim.

If you’re looking to get started on making your personal injury claim, you can get in touch with our experts today at a time of your choosing. Here at The Compensation Experts, our team works with qualified solicitors with years of experience handling personal injury claims.

Once we’ve found one to your liking, they’ll walk you through the claims process, help you estimate how much you could potentially claim, and then keep you informed as your claim progresses.

‘National Sickie Day’ highlights a culture that causes workplace illnesses and injuries

Posted on by Jonathon

It was interesting to note the coverage the so-called ‘National Sickie Day’ received earlier this week.

While the BBC played it with a very straight bat, other media sources took a more light-hearted approach with both The Sun and The Daily Star focusing their coverage on what they considered to be the weirdest and worst excuses for employees calling in sick.

What the BBC chose to focus on is certainly of concern though, with the broadcaster highlighting a survey showing around 8.6 million UK workers took sick days last year because they found their job “too painful” with 12 million workers going into work while genuinely sick. The survey, conducted by Kantar, was of 1,246 working adults and was then weighed to reflect the wider working population of almost 33 million people.

While you may arguably need to take the researchers’ claims that work culture, colleagues and workloads were to blame with a pinch of salt to an extent given the numerical claims have been weighed, other sources do support such claims, as the latest data from the Health and Safety Executive (HSE) shows that 23.5 million working days were lost in the 2018/19 financial year due to work-related ill health.

It should also be noted that, according to the HSE figures, a further 4.7 million working days were lost in the last financial year due to non-fatal work injuries.

The issue

We would argue then that we have an issue in this country with work-related sickness and injuries. In particular, we would say that the psychological effect of UK workplaces needs to be reviewed – we say that as, when digging down into the HSE figures regarding the number of working days lost, stress, depression and anxiety account for the majority of the 23.5 million days lost last year at 12.8 million. In addition, those on sick leave from work with stress, depression and anxiety are also off for longer, taking 21.2 days off work on average compared to an overall average of 15.1 days off when accounting for all work-related ill health and non-fatal work injuries.

It may also be that the tone taken by the likes of The Sun and The Daily Star – arguably a mocking tone that makes fun of those who call in sick – when reporting on something like a supposed ‘National Sickie Day’ contributes to the issues too. While those articles are clearly aimed at making fun at those people who use frivolous reasons to ‘throw a sickie’, it could be argued that they contribute to a culture in this country where people who take time off work are viewed with an underlaying air of suspicion. Because of this, people – 12 million of them according to the Kantar research – then turn up for work when they are genuinely ill. It is because of this, we would argue, that we have seen a rise in so-called ‘presenteeism’ in the UK in recent years, as people feel they have to carry on even when they are not fit to work as they will otherwise face accusations that they are ‘putting it on’ or are ‘weak’.

It could be said that this kind of attitude, and employers allowing it to flourish, rather than addressing the issues that caused 23.5 million working days to be lost in the last financial year creates a toxic work culture. It also speaks volumes to us that the happiest workforces and most productive economies in the world, such as those in the Scandinavian countries, are those where workers feel they can take time off work when they are sick without fear of persecution or loss of opportunities.

How to reduce workplace illness and injury

We need to get away from this culture of presenteeism and of not dealing with the issues we are facing at work then. If you ignore a problem, it will not go away. Regardless of whether it is a niggling injury caused by your work or negative comments from a colleague that are upsetting you, if you ignore the problem, it will continue to fester and get worse.

For example, if you are in a role that requires manual lifting and you pull a muscle in your back while lifting something that you find too heavy, that pain isn’t going to go away by you then continuing to lift things at work that you find too heavy. The pain is going to get worse and worse to the point that you will need to take time off work and your general quality of life may also be seriously affected too.

Similarly, if your employer allocates you an unreasonable amount of work that you struggle to get through and this causes you undue stress and anxiety, that is not acceptable and something should be said as it will eventually cause you to burn out. In this regard, if you allow your employer to get away with allocating an unreasonable amount of work to you, it will embolden them and makes it more likely to do it with other members of staff too.

Ultimately, employers are legally obliged to take all reasonable steps to protect both their employees’ physical and mental health. If they don’t and it leads to you suffering a workplace injury or work-related illness, including stress, depression and anxiety, then you may be able to claim compensation from them for any medical expenses you incur or loss of earnings you suffer as a result of needing to take time off work.

How we can help

At The Compensation Experts, we work with specialist legal firms who have a proven track record in successful workplace illness and injury compensation claims. Initially, one of our advisors with have a chat with you to find out how you came to be ill or injured. Once this is done, they will advise you whether you may have grounds for a successful claim. As a part of this, we might also obtain medical reports to help determine the strength of your case. This is all done on a free no-obligation basis. If it is felt you may have a successful claim, we will then match you with the firm who best suits the circumstances of your case. This means we and the legal firms we work with are well-placed to help you get the maximum amount of compensation.

If you have suffered a workplace injury, do not hesitate to get in touch with us via our website or by calling 0161 413 8763.