Injury In The Armed Services

A lot of people would say that the people who are serving in the military are at a great risk of injury, but that they knew of those risks when they enlisted and that they should accept the inevitable in the event of an injury. It is true that being a part of the military is a difficult and dangerous job to the norm.

When you first go into the military you will be aware of the many dangers involved, but that does not mean that there are not times when the MoD fails to properly protect the servicemen, or that there are not times when equipment malfunctions and a service man is put into greater danger than they should be in.

MoD responsibility

The MoD is supposed to minimise the risk that military personnel encounter. They cannot totally eliminate all risk because military personnel work with live ammunition, and in times of conflict they are being shot at, and more. The MoD can do everything in their power to reduce the risk as much as possible.

The MoD may not be able to fully protect Military Personnel

When it comes to combat, or daily life in the military, there are some aspects of that life that are out of the control of the person serving and why sometimes claims are brought against the Ministry of Defence.

Some of the main reasons people have filed armed services accident claims include:

  • Equipment failure that resulted in injury
  • Lack of attention to a medical issue that resulted in further injury to the individual
  • Ill fitting uniforms including but not exclusive to footwear
  • Improper training before handling dangerous equipment
  • Improperly trained individual harming others while using dangerous equipment
  • Unrealistic schedules that cause physical harm to the individual

Can you win an armed services claim?

When it comes to dealing with the military, and their faults in injuries that you might have sustained it is not the same as filing personal injury claims against non-military entities. There is a good chance that you can win your armed services accident claim if you have the proper evidence, and you hire the proper solicitor who has experience in dealing with these claims.

How much do Solicitors charge?

It is almost impossible to tell you how much the solicitor will charge for this type of representation because each case is different. For the most part a solicitor charges according to how many man hours they have to put into a case, and for any monetary amounts they have to pay for filing fees, and things of that nature.

In many instances a solicitor will not charge for the initial consultation. They will listen to all of your evidence and will advise you as to whether or not they think proceeding is in your best interest.

Some solicitors will not ask for you to pay any money until after the case has been settled. In these instances the solicitor will establish a percentage of the awarded sum that they will wish you to pay them. This is usually around 25 percent of the awarded sum. Some solicitors will not ask for any payment from you if they cannot win the case for you.

What to bring to the first visit with the Solicitor

When you decide to consult a solicitor there are a few things you should bring to your first visit. These include:

  • Any written or picture evidence that you have that supports your claim that you have suffered an injury due to military involvement
  • The names and contact information of anybody that witnessed what happened to you, and the names and contact information of everyone that might have knowledge of what happened to you
  • The date the incident happened
    A complete recounting of what happened including when it happened, where it happened, what you were doing prior to the event, what you did following the event, and who might have witnessed the event, and how the event might have been avoided
  • Medical reports supporting your claim of personal injury
  • The names and ranks of all of your immediate superiors

Factory Worker Injury

When you go to work, you expect that there will be adequate facilities in place to help to keep you safe, whatever your job role is. If you work in a factory around heavy machinery, it is even more important that there are health and safety procedures in place to prevent you from being injured. When these procedures are not sufficient, or when they are not followed correctly, accidents can easily occur.

If you have suffered an injury at your factory workplace, you may want to find out more about factory injury claims. These claims can help you to get compensation for your injury as well as for loss of earnings. Here are a few of the types of incidents which may be covered by factory injury claims.

Deafness

Exposure to loud noises can seriously affect your hearing, leaving you deaf or with a hearing impairment. If you work in an environment where heavy machinery is constantly running, then there is a chance that this machinery could be having a negative effect on your hearing. Your employer should take adequate steps to mitigate this risk, such as providing you with ear protection for when you are on the factory floor.

If you believe that your hearing problems may have been caused by your employer failing to provide you with adequate aural protection, or by failing to warn you of the dangers of not wearing protection, then you may be able to make a claim.

Blindness or other visual impairments

In the same way that deafness can be caused by exposure to loud noises, visual issues can be caused by exposure to bright lights or foreign objects coming into contact with your eyes. Many pieces of machinery require handlers to wear goggles, because they can produce debris which may be thrown up towards the face. If this debris (or spark) comes into contact with the eye it can cause scratches, cuts, or worse.

If you work in an area of the factory where bright sparks are likely to be produced, then you need to be given special goggles which have a tint to them. This will help to protect your retinas from the intense light which is produced whilst also preventing the sparks from burning your eyes.

Lacerations and open wounds

Coming into contact with any fast moving piece of machinery is likely to cause scratches, lacerations or other types of open wound, because the friction produced is likely to take the skin off, at the very least. In worst case scenarios, the contact may result in a part of the victim’s body being severed. All factory workers should be given training so they know which areas of the machine can be touched safely, and which areas cannot be touched unless the machinery is completely shut down. Personal protective equipment such as thick gloves can help to less the injury in some cases.

Crushing injuries

Another common type of factory injury is a crush injury. These occur when a body part or parts become trapped between two components under high pressure. These types of injuries often occur when workers do not follow correct procedures when machinery jams or malfunctions. For example, if a piece of material became trapped and caused the machinery to jam, a worker is likely to get their hand trapped if they reach down to free the material and the machine suddenly starts moving again. Proper safety procedures would require a full shut down in these scenarios, however many factory owners are keen to avoid this, as shutting down and restarting can cost them a lot of money. This often means that factory workers are put at risk.

Electrocution

Electrocution can occur because of poorly maintained machines, because workers have not been properly trained on how to use the machinery, or because they are asked to perform a task that requires an electrician, even though they do not have any electrical training. In some cases, electrocution can be fatal. In many electrocution cases, the victim suffers from serious health consequences, including severe burns, organ failure and brain damage. If you have been electrocuted whilst you are at work, then you may be able to bring a factory injury claim against your employer.

Office Accidents

If you work in an office, you naturally expect to be in a safe and secure environment. However serious accidents can happen in an office if due care and attention is not paid, as with any other working environment. If you have suffered an accident or been injured whilst you are at your office, then you may be eligible to make a claim.

Compensation will normally be paid by your employer’s insurance company and you can still make a claim for an injury that has occurred in your current place of work. Regulations mean that your employer cannot discriminate against you just because you make a claim against them. If they proceed to treat you differently following any insurance claim which you have made, then they are in breach of national legislation, and you may subsequently be eligible to take them to an employment tribunal. However, there is no need to worry, as the vast majority of people who are forced to make an accident claim continue to enjoy a positive relationship with their employers.

Here are a few of the circumstances which have given rise to successful office accident claims:

Scalding Injuries

For many people, a tea break can be their favourite part of the day, but if due care and attention is not paid, then hot drinks can cause serious injuries. If a boiling hot drink is spilled on to you or pulled onto you by accident then you may suffer serious scalding injuries. If the severity of your injuries is exacerbated by failures in the standard of first aid in the work place, then you may be able to claim an even larger amount of compensation.

Electrical Injuries

Most offices in the United Kingdom have hundreds of electronic components which are designed to make it easier for employees to do their jobs. However, if these devices do not meet minimum standards then they can become dangerous.

Employers must ensure that all computers, printers and other electronic devices are checked regularly to make sure that they meet national safety standards. Failure to arrange and carry out these checks can put staff and visitors at risk from electrocution and injury. If you have received a serious electric shock or if one of your family members has died because of an electrical injury that they received whilst at work in the office, then you may be able to make a claim for compensation.

Slips, Trips And Falls

If proper precautions are not taken, many things in an office can become slip or trip hazards. For example, if coats or bags are not stored safely, it is easy for people to trip over sleeves or straps. Each office should take proper steps to ensure that staff members are able to store their possessions safely and are doing so.

Likewise, wires and cables from electronic equipment are easy to trip over if they are not tidied up and secured away from walkways. Falls like this can have serious and lasting health consequences, so if you have suffered because your employer has failed to meet their obligations then you are entitled to make a claim.

Unhygienic Working Environment

Whatever environment you work in, you should be guaranteed minimum hygiene standards. Working in a place that does not meet these standards can put your health and the health of your colleagues at risk.

Unhygienic environments encourage the spread of potentially harmful bacteria which can cause health issues. If you have suffered any negative health consequences because you are forced to work in an unhygienic environment without adequate protection then you may be eligible to make a claim. This can include things such as a worsening of asthma symptoms due to working in a damp or mouldy environment.

Dangerous Equipment Or Structure

The building and equipment that you use must also be maintained properly. Any failures of equipment can cause injuries. For example, if your chair breaks and you end up falling to the floor, you could suffer broken bones, bruising to the body, or even injuries which are far more serious.

Structural problems in an office can also cause serious injuries. There have been successful office accident claims raised by people who have been forced to work in an office which is in a state of structural disrepair.

Steps To Making A Claim

Any accident can have consequences, and if you have suffered an illness or injury as the result of an accident, then you may be interested in finding out how to make a personal injury claim. Personal injury claims are designed to help to grant people compensation to support them as they deal with the consequences of an accident. If the accident was not your fault (even if your actions played a part in the accident happening) then you may be entitled to make a personal injury claim seeking compensation.

Get An Expert Opinion

If you are interested in making a personal injury claim, the best thing that you can do is to seek the advice of a professional. You can talk to a qualified solicitor or a claims advisor. Many professionals will offer their initial advice for free, or on a “no-win, no-fee” premise. This means that you will have the opportunity to find out whether you have a valid claim without having to worry about losing any money. You will have the chance to discuss what happened to you, and what you think caused the accident. The expert may ask you whether there were any witnesses, or they may put you in contact with a relevant specialist (such as a doctor) who’s opinion and report on injuries whether physical, mental or possibly both could support your claim. A claim advisor may also put you in touch with a solicitor.

If you want to stand the most chance of winning your personal injury claim, you should follow the advice that is given to you by the claims expert you speak to. Once they have ascertained that you have a valid claim, they will draft and send a letter to the defendant which sets out your claim.

What The Defendant Needs To Do

In the UK, the defendant is given the right to reply to the case within a fixed period of time. They are normally required to reply to this case within 3 months or less. The reply must state whether the defendant accepts or denies liability for your injury or illness. If they deny liability, the claim may go to court. If they are willing to accept liability, it is likely that your solicitor or claims expert will try to get them to agree to a sufficient settlement outside of court.

Making Offers

Your advisor will discuss with you the amount that you should expect to receive for the claim. They may talk about the upper limits of the claim, and also discuss with you what you are willing to settle for. This will help to manage your expectations. It is likely that they will take part of your award to pay for their services by way of a conditional fee agreement. Once you have agreed on an offer, they will take this offer to the defendant, to see if the defendant is willing to settle as well. The defendant may make a counter offer, and your solicitor will then negotiate on your behalf. If both parties cannot come to a reasonable compromise, then the case may be taken to court.

Taking Your Claim To Court

If the defendant does not agree that they are responsible for your injury, or if they are not willing to give you the amount of compensation that you feel that you are entitled to, your solicitor may suggest that you take your claim to court. Some people would prefer to settle out of court, because going to court with a claim can be a daunting experience, as your testimony may be aggressively questioned.

Although there is the possibility that you will be awarded a higher value of compensation than the defendant was prepared to offer, the possibility also exists that you will lose your case and not be awarded anything at all. Your claim may only be partly successful, at which point the judge will have a control over how much compensation you are being awarded. Your solicitor or claims advisor will discuss with you whether they think that it is a good idea to take the claim to court. If there is a good chance that you might lose in a court setting, they may advise you that it is not worth taking the claim to court. It should be worth noting though that most law firms that offer “no-win,no-fee” only do so if they are very sure that you indeed have a good chance of winning compensation.

Scaffold Accidents

Scaffolding is designed to make building work safer and easier, however if it is not erected properly, if can become a danger to both those working on or around it and possibly to the general public. In the 2012/2013 period alone, there were over 270 significant scaffolding accidents reported in the United Kingdom (accidents where the victim’s recovery took more than 7 days), including one reported scaffolding-related death. If you have been injured in an accident involving scaffolding, then you may be eligible to make a scaffolding accident claim.

Regulations And A Duty Of Care

Anyone who is erecting scaffolding in the United Kingdom is bound by Health and Safety regulations. These regulations include carrying out full risk assessments on the area in which scaffolding is due to be erected, proper training for those who are erecting and dismantling the scaffolding, and regular maintenance of the equipment, so that faulty components will be spotted as soon as possible. If an individual or business does not adhere to these regulations, they are considered to have engaged in negligent behaviour. Victims of scaffolding accidents which occur because of negligent behaviour are welcome to make a scaffolding accident claim.

Employers also have an additional duty of care to their employees to provide them with adequate personal protective equipment (PPE) when they are working with or around scaffolding. If an employer fails to provide the correct PPE for employees, this is also considered to be negligent behaviour.

What Types Of Accidents Are Eligible For A Scaffolding Accident Claim?

There are lots of different types of accidents which are classified under the umbrella term of “scaffolding accident”. Whilst falling from scaffolding is the most obvious type of accident where spinal injuries and other serious injuries are likely to occur, there are many other types of accident which may be considered. For example, if you were hurt by falling scaffolding, which had not been erected properly, then you would be eligible to make a claim. Likewise, if you were injured by something else (tools etc) which had fallen from the scaffolding, you may also be entitled to make a claim.

In the past, people have also made claims for serious lacerations which occurred from working with unsafe scaffolding. When equipment gets damaged, it can become sharp enough to rip through PPE and cause deep cuts to the victim. This danger should be picked up at regular equipment maintenance checks. What is more, it is likely that this sort of equipment damage will have developed rust, meaning that any cuts received could lead to potentially fatal blood poisoning.

Making A Scaffolding Accident Claim

If you want to make a scaffold accident claim, you should get in contact with a solicitor or claims advisor who can help to lead the claim on your behalf. If you have been injured by scaffolding at work, it is important that you report the injury to your employer straight away, as their accident log book will provide vital information to support your claim. Always keep hold of any documentation relating to your claim, especially if you have been seen a reduction in your earnings because of the injury.

Spinal Injuries

You can’t take spinal injuries very lightly because to put it simply, they can cause permanent disability or even death. That is why if such injuries are caused by someone else’s negligence, then you have to seriously consider filing for a spinal injury claim.

You can use the compensation for many things:

  • Make your finances stable
  • Pay for health care
  • Supplement loss of income
  • Compensate for lost opportunities
  • Recover medical costs

How Soon Can You Do It?

In the UK, the prescription period is 3 years. This means that within that period, you should be able to process your claim or file for compensation. Now the three years can begin from the date of the accident or the date of the knowledge. The latter is the exact time you discovered that the health issues you are experiencing right now are related to the accident. If, unfortunately, you died of such injuries but your family later knew about the real cause, they can file a claim on your behalf, from the date of death (or when they knew about actual cause).

The law made it as such because sometimes the serious health consequences do not occur until later. You may have slipped off the floor, but then you got up and thought nothing of it. After a year, you started feeling intense back pains, which can already be a sign of spinal injury. Nevertheless, once you get the diagnosis, make it a point to talk to a solicitor. This way, he may immediately assess the case and start the filing as soon as possible.

Who Should Be Liable?

Liability is an important ingredient when you are filing for compensation. Someone has to pay for the damages and even legal fees. However, determining who is liable can be pretty tricky. For example, when you ski in the mountains, met an accident, and injured your spine, who should pay for the claim? Is it the resort or the rental facility? It depends. If the main issue is the ground, then most likely you bring your issue to the resort. If it stems from a faulty equipment, you file a claim against the rental facility.

Through a series of questions, an expert solicitor will be able to assist you in determining the actual person or party liable for the injury. This is especially important since a wrong party means a potentially lost case.

What If It Happens Outside UK?

Another reason why you should deal with a solicitor in spinal injury claims is because it is possible that the accident happened outside the United Kingdom. Can you still pursue it? Many things can affect the decision. First, if it was on a holiday, was the package bought while still in the UK? Were you an independent traveller? Existing country and state laws can also have a major impact in your ability of filing a case.

Fortunately, you do not have to be worried about approaching a solicitor, since many can now offer free initial consultations.

Car Accidents

A lot of people who find themselves involved in a car accident end up not taking advantage of their right to file for a compensation claim because they do not know how to do it, and why should they? To make sure that you can truly exercise your right, we have outlined the steps for you below:

1. Call the police as soon as possible.

If you meet with a car accident and you are conscious and able, do the best that you can to get the police immediately on the scene. This way, a professional can obtain a more detailed record of what happened. If you are unconscious or not fully compos mentis after the accident then it is probably likely that a police investigation unit will have been sent to the scene of the accident and will document everything fully.

2. Get the police report.

Although the police will file the accident report, you need to have your own copy as well. The report is extremely useful since it contains the most vital data about the accident and even a police opinion, which can help identify the liability.

3. Gather all the needed documents.

At this stage, you may want to talk to an accident claims solicitor so you can have a thorough idea about what types of documents or evidence to prepare. Most likely, though, you will need to present the medical and police report, photographs, eyewitness accounts, and even insurance. You may also have to include all proof of expenses of treatments and other costs that are related to the accident, including loss of income from your employer if this is the case.

4. Discuss your case more comprehensively with the solicitor.

Once you have the documents ready, you can then go back to the solicitor for a more comprehensive evaluation. You may also be able to know if you can take advantage of the no win, no fee agreement, if the company offers one. In this arrangement, you do not spend money unless you have won the case. Depending on the agreement, usually it is the solicitor’s fee that is being waived.

Take note that you only have 3 years to file for car accident compensation claim. It can begin from the date of the accident or the date of knowledge or the time you determine that the injuries and other health issues are caused by the accident. Otherwise, you are considered time barred, and you can never fight for compensation unless in some instances there might be exceptional circumstances.

There is car insurance, so why file a claim?

All drivers in the UK are required to have their own car insurance, so the liable driver must have insurance also, although sometimes unfortunately this isn’t the case, and you can claim compensation from their insurance. However, it is common practice among these companies to settle the matter subtly and then offer you compensation that is much lower than you deserve.

To have a solicitor represent you is a good step to take. It is a way of ensuring you get the right compensation for all the pain, suffering, and loss you experienced due to the car accident. You are also more than likely to win a case when you have a professional helping you.