Get a Grip On Road Safety This Winter

48% of car accidents in winter are due to cars skidding. When the temperature drops, roads become an ice rink in patches. Tyres lose grip and the surface of the road can become a danger risk if drivers are not in control.

Driving in winter, winter tyres recommended

Creation Traction

The best advice many motor industry experts can give on avoiding skidding on icy roads is to switch to cold weather tyres. Winter tyres tend to have a more ‘aggressive’ grip with more cuts in the tread and biting edges that better grip the ground.

Industry adviser ‘Which?’ suggests that winter tyres work very well at temperatures under 7 degrees Celsius, adapting to wet and icy conditions by not only gripping better but by spreading the force of traction over a greater area, providing a more stable base.

When cars slide on the road, it is difficult for a driver to regain control. Other drivers in the area may also skid and slide if they need to take evasive action, potentially setting off a domino effect involving multiple cars. Even on a small residential street, a single car struggling to grip can risk injury for its owner and any passers by (see video below).

Not an excuse

Unfortunately as treacherous as ice and snow is on the road, causing damage or harm to another person because the road is icy is often not an excuse. When conditions are poor, it is expected that drivers adapt accordingly to the road surface. This means hanging further back than normal, driving slower and paying particular attention to your surroundings. By not adhering to this you may be seen as acting negligently should you collide with another vehicle or person.

Government guidelines suggest not travelling in snow and ice if possible. It is not illegal but heavily advised. Should you travel on wet, icy roads the guidelines are to keep a large distance from any vehicle in front, not to make any sharp movements and to drive “at slow speed in as high a gear as possible” to keep control.

Improve road safety in winter with special tyres

What If I’m Hurt?

Icy roads escalate the risks of collisions. It also poses a serious risk to pedestrians as an icy pavement can make walking at the roadside treacherous.

If you, a family member or friend have found yourself injured during these conditions, contact Sincere Law to see what our experts can do for you. We deal in serious injuries and understand winter is a particularly high risk time of year for these.

We are experienced at arranging the extra care and attention required to help recover from serious injury problems. Recovery can take months or years to overcome, but we will be there every step of the way.

To chat to one of our advisers for free, impartial, conscientious advice please call 0800 092 2896 (lines open weekdays from 9am to 7pm) for more details. Alternatively you can get in touch using our contact form on our website.

Distracted Driver Gets 10 Year Sentence

Earlier this week, lorry driver Tomasz Kroker was sentenced to 10 years of prison, five of which will be behind bars, after he failed to stop for stationary traffic because he was checking his phone.

The crash which occurred in August on the A34 in Berkshire, also left one other motorist with a senior injury and four others with minor injury.

 

“Not enough”

The incident, which was filmed on the cab’s dash cam, caught the moment that Mr Kroker paid no attention to the stationary traffic as he checked his phone. His vehicle, which was travelling at 50mph, hit a Vauxhall Zafira, that in-turn shunted a Corsa underneath another HGV in front of it. The Corsa was reduced to “a third of its usual size” killing 45 year old Tracey Houghton, her two sons Ethan (13) and Joshua (11) and her step daughter Aimee (11).

The judge residing over the proceedings, Maura McGowen, said that Mr Kroker “might as well have had his eyes shut”. Mr Kroker pleaded guilty to all counts and was told he would receive no leniency for his actions. He will now spend at least five years behind bars, as part of a ten year sentence.

The family of the victims don’t believe the sentence is an adequate deterrent or warning to mobile phone users behind the wheel. The mother of 11 year old Aimee who died in the accident told reporters “The 10-year sentence will not ease our pain and suffering, nor do we believe it will send a strong enough message to those who lack the self-restraint to not use a mobile phone when driving.”

Not worth the risk

If you search for examples of crashes or incidents that have been caused by a motorist using a mobile phone whilst driving, you will find plenty of results. These incidents, as displayed in the accident caused by Mr Kroker, often have the potential to cause serious injury to other motorists.

The question on the lips of those affected by a mobile related collision will often be “was it worth risking a life?” Some of the common reasons given by motorists for checking their mobile phones while driving include changing music, boredom, to send a text or to make a call. Each of these reasons are 100% trivial, when you weigh up the risk of injury that being distracted from driving carries. In Mr Kroker’s case, that risk took the lives of four people, three of which were young children and that is something he will now have to live with for the rest of his life.

Sincere Law - Google Maps audible updates

“What if I’m injured?”

There are legal repercussions expected when a driver is reckless behind a wheel. The police will often file criminal charges but you are also able to ensure any injuries you, your family or friends suffer are treated seriously.

It is very easy for distracted drivers to hit cars at faster speeds, potentially causing more harm as they are not monitoring speed, road positioning or checking for hazards. In the case of a serious injury a specialist legal firm like ourselves will be required to look deeply into the situation and arrange much more than just a financial settlement. An injured person may need surgery, rehabilitation, physiotherapy, counselling and a host of other services.

Here at Sincere Law, we  have a network of specialists across the country dedicated to helping serious accident victims and their families attempt to put their lives back together as best they can.

If you feel this could be something that you, your family or friends could use following an incident on the road, you can call in confidence on 0800 092 2896 for free, impartial advice on how best to move forward in your circumstances.

If you would prefer to contact online we also have a contact form where you can leave details. We can then call you when it convenient to talk about the incident and what you may need from us.

 

Kidney Cancer misdiagnosed as food intolerance

GPs and other medical professionals are being urged not to hesitate with referring patients for further assessment, after a Southport primary school teacher, whose stomach illness was initially diagnosed as a food intolerance, died of kidney cancer.

“Cut out bread”

Merseyside teacher, Miss Claire Tomlinson, tragically lost her seven month battle against kidney cancer. However the circumstances could have been very different had she been sent for further tests when she visited her GP. Instead she was led her to believe that the pain in her stomach was simply a food allergy, with her GP advising her to “cut out bread” as well as cutting out other food types from her diet, last September.

Five months after the initial assessment and after months of further excruciating pain. Miss Tomlinson was finally diagnosed with kidney Cancer. Tragically, by this point, the cancer had already spread to both her lungs and her brain, further limiting her chances of survival. After an attempted course of chemotherapy (which was unsuccessful) she sadly succumbed to the disease and passed away.

“Best to test”

Unfortunately this is not an isolated incident, as other cancer victims have had similar experiences, leading to massive complications in treatment. The case has prompted calls for medical professionals to not be worried about referring patients on for further testing, should there be any doubt at all about the cause of their problems.

Cancer shares symptoms with many other, less deadly illnesses like Irritable Bowel Syndrome (IBS) and food intolerances like Miss Tomlinson was identified as having. In her case it took further pain escalation and a private body scan (not one prescribed by her GP) to reveal the extent of the damage.

Her parents believe that the care given could have been a little more urgent based on what she was telling her GP. In a statement her parents admitted ‘We’re not trying to say she could have been cured, we just think that the treatment should have been more urgent.”

“’Once you’ve alerted a doctor that something is wrong it’s in their hands and you have to push and push to make sure that people act.”

‘You can’t be frightened if there is something wrong, you have to do something about it because it’s not just going to go away.’

 

Serious Injury Claims with Sincere Law

The legal side

When it comes to suffering from cancer, it is not generally a priority to take legal council. Often it depends on the circumstances surrounding the development of the disease. In Miss Tomlinson’s case she told her parents not to pursue legal action, including after she died, as she felt it was too late.

Sometimes, however, legal aid is something a sufferer may wish to seek. In the role of a serious injury or illness, a solicitor can help with a network of contacts that can arrange and provide essential aftercare, such as fast tracked healthcare, counselling and the planning of future expenses for both the sufferer and their family.

Medical negligence cases take time, care and individual attention to see through. We always aim to achieve a personal service where the sufferer and their family feel they are relieved of a lot of pressure injury and illness can bring.

To have a chat with one of our team about any kind of injury or illness, you can call 01695 722 222 anytime between 9am and 7pm on weekdays. Our team are on hand to offer conscientious, free, impartial advice on what role Sincere Law can play in a serious injury or illness.

We also have an online form which allows you to give details of the problem. From there we can call you and further discuss the details.

“Life Saving” stickers to prevent children’s road accidents?

The Australian Road Safety Foundation (ARSF) has recently launched a well received and inexpensive scheme to prevent road accidents involving children using stickers. The simplistic campaign allows people to purchase stickers for a nominal fee and stick them to bins.
Stickers aimed to stop road traffic accidents involving children in Australia

Cheap & efficient

The campaign by the ARSF has encouraged many Australian parents to purchase life sized stickers of children for $10 and then place them on bins in front of their home. A very inexpensive option, the stickers portray children running or playing. With bins usually placed near the roadside (particularly when a collection is due) the scheme aims to remind drivers to take care in residential areas after spotting the easily visible deterrents.

The scheme was organised following a rise in road accidents involving children in 2015, resulting in the deaths of 242 children on Australian roads. This figure is  up from 223 the year before. The chief executive of the ARSF, Russell White, explained that no matter what side of the bin, which side of the road or which direction the stickers were facing, the visual impact would still be there. He said:

“When we look at road safety generally, we look at figures and numbers, but what we often overlook is the human face behind that.”

“The stickers put the human element to the potential situations we can find on the roads we travel each day. It’s the streets around our suburban areas which we are the most familiar with and often the most complacent with.”

road traffic accidents involving children took 242 children in 2015

English rollout?

The stickers on the bins which are rolled out once a week, not only display the pictures of children, but also the speed limit for the area (Australia being 50kph in many streets). The question raised during this test phase over here is “would this work here?” The idea is simple and cost effective. While the scheme itself would not prevent all accidents in residential areas (here or in Australia), it could serve as a quick reminder to those driving to watch their speed and watch for children.

Sincere Law’s Head of Catastrophic Injury, Chris Walker, believes a campaign like this would be beneficial for children’s safety in the UK. He told us “Any effort to stop deaths on roads, particularly young children who have their whole life ahead of them, is a good thing. Stickers are inexpensive and don’t require a lot of input from a user, but they get the message across simply. It would be good to see this brought to the UK.”

Sincere Law has dealt previously with injuries occurred on roads to children, both fatal and non fatal. Regardless of fatalities, it can hold very adverse effects on the family involved and those in the driver’s seat who caused it.

Could the UK borrow this sticker scheme to prevent road accidents?

Help is available

If you have experienced an accident on the road whether it involves your child, a family member’s child or a friend’s child, you can contact Sincere Law for expert advice. We deal with serious and catastrophic injuries which often require extra input and care in order to help alleviate the problems caused by serious incidents.

If you’d like hassle free advice please call one of our expert team on 0800 092 2896 or get in touch via our contact page. Alternatively, you can arrange for us to call you back at a time that suits you by using our callback form.

At Sincere Law, we strive to look after all of our clients and their families with caring, conscientious legal assistance from start to finish. We look to provide the best possible quality of life for all serious injury victims under our legal care, so please call today and see what we can do for you.

 

New Legislation On Agricultural Health & Safety

In UK agriculture, one worker dies every week on average according to the HSE. Farm work can present a myriad of risks; minor, serious and fatal in a normal day. New legislation aims to curve that statistic as new tough penalties for breaches could encourage a safer environment.
 

A Dangerous Profession

Last month we looked at which industry in the UK was the most dangerous from a personal injury perspective. We determined that due to the heavy machinery and tools used, matched with the working environment, that farming is indeed Britain’s most dangerous workplace.

Agricultural work on average sees more serious injuries each year than construction and manufacturing. This is a result of tasks involving a variety of machinery with the ability to cut, shred and maim individuals coming into contact with them. It is also unfortunately an “accepted” part of the farming industry that injury and death do occur at regular intervals during any calendar year.

Farming is the leading cause of workplace deaths each year

New Legislation

February 2017 will see the introduction of new penalties that heavily affect farming, particularly larger farms with numerous employees. From February, corporate manslaughter and breaching other health and safety offences will result in heavy fines or imprisonment.

According to the official publication released by the HSE, offences can see fines scaling from £50 all the way up to £10 million being handed out, depending on how many people were hurt, what the incident involved and how much damage was done. Sincere Law Partner Lucie Illingworth spoke on the tougher stance on agricultural health and safety:

“It isn’t permissible for agricultural bosses to “accept” that serious injury and death is just a part of working farms. Those that add to the statistics are humans with families. They deserve protection. The legislation should help stimulate greater protection and eliminate that notion. Employee safety is above all else in any industry”

Serious farming injury in the UK

Challenge the Norms

Sincere Law’s solicitors have dealt previously with both the serious injury of agricultural workers and the claiming of compensation following fatalities on behalf of their families. Both situations require immense work and empathy for those involved. It can be a distressing time for all involved, not just the person involved in the incident.

As a law firm that supports the victims of serious injury with their recovery, we welcome any legislative change as an effort to clamp down on negligent procedures employers may have risked assigning employees to in the past. From witnessing the effects of serious injury on agricultural workers first hand, we would like to see the frequency of these impactful injuries fall dramatically.

 

Ryman league team & Northern Rail team up to educate about trespassing

A North London based Ryman league football side, Cheshunt FC, have teamed up with Network Rail to teach young people about the danger of trespassing on railway lines.

 

Nationwide programme

Alongside Cheshunt and Network Rail, a Manchester based company (PDF Sports LTD) have joined to help roll the scheme out to 10 schools in close proximity to the lines that run in the Cheshunt area. They have also made the programme accessible to Year 5 students across the country by incorporating the message into a sporting environment. The programme consists of using games and activities outside to help remember the risks associated with the railway.

Spokesman for the campaign on behalf of Cheshunt FC, Chairman Dean Williamson said “The railway is an extremely dangerous environment and it simply isn’t worth risking your life trying to save a few seconds misusing a level crossing”. Joining Mr Williamson was Tackling Track Safety Project Director, Philip Fitton, who added “The TTSP is a fantastic project and so far this year over 50,000 young people nationally have been educated about the dangers of the Railway in a fun and engaging environment”.

Originally set up in November 2015 by footballing legend Paul Scholes, Tackling Track Safety aims to educate “at least 100,000 people about rail safety” by the end of 2016.

(Paul Scholes set up Tackling Track Safety in 2015)

Responsible parenting

With the summer on its way and many children able to enjoy the holidays, we move into a period where knowing the whereabouts of your children becomes vitally important. Helping educate children into appreciating how serious an injury caused on the railway can be is a step in the right direction towards reducing accident and fatality statistics.

Sincere Law Catastrophic Injury Partner, Chris Walker, supports the project, stating “safety around the railway is a big issue for young people. In the summer we often receive calls from individuals who have experienced incidents around trains and unfortunately for those whose child has trespassed onto the railway it makes it very difficult to assist. We help clients each year who have been injured on trains by negligent actions but one thing we must completely eradicate is the threat to children’s lives posed by missing education on how fatal a decision to trespass can be. We fully support the campaign and hope that the Tackling Track Safety scheme can achieve their objective of educating 100,000 people by the end of this year.”

 

What can you do?

As a parent you can assist greatly by ensuring your child knows that trespassing onto the railway can be life threatening. This is most important to those living near railway lines, as easy access can often tempt children to become curious. While Sincere Law can do a lot for those that suffer serious injury as a direct result of negligent actions by railway staff or poor safety standards, being injured by a train as a result of unlawfully trespassing removes a person’s chance of making an injury claim.

New education for children on rail safety launched

Agriculture – Britain’s riskiest profession?

Farming has always been a staple of the British economy. The land holds promise for rearing animals and crops and seemingly will always have a place in British life. It does however often go unreported that this historic job does hold a place as the UK’s most dangerous profession statistically.

Brits and farming

The agriculture industry in the UK has always been a popular source of economic prosperity. With 75% of the UK’s landmass used for farming, it helps supply over two thirds of the nation’s food, from meat and poultry, to fruit and veg. Being an island nation, farming has been a failsafe industry since the dawn of civilisation, allowing us to stay supplied during both World Wars and giving the UK a strong trade out into the world.

From the early days of horse drawn ploughs and farm hands sowing crops; cultivating the land by hand, there has always been plenty of labour available in farming.

Revolution & change

With the industrial revolution adding new machinery and methods of farming, came greater risk of serious injury in the daily life of a farm worker. Farming has always seen incidents of serious injury, including workers becoming entrapped in machinery, being mauled by animals or falling from height working on the buildings.

According to current statistics, farming is still at the top of the tree for injuries and fatalities in the UK workplace. With heavy machinery including a variety of tractors, industrial size machines for collecting and processing crops and the fact that the overall amount of livestock kept rising, it is no surprise that farming does still carry risks of serious injury (and even fatalities).

Farming has the highest rate of serious injury incidents in the UK

Farming safely & what next?

With so many risks of injury, it is imperative anybody involved in farming not only has adequate protection in the form of PPE and working tested equipment, but also to be properly educated on having a safe working environment. This is exactly what one company in Oxfordshire has done by offering training and education for all areas of farm work. It is often overlooked by those that work in the more labour intensive side of farming, but proper education is one step to avoiding unnecessary incidents.

Sincere Law has experienced a myriad of farming related injuries arising from the provision of poor education and inadequate PPE. The cost of an accident working on a farm can far outweigh that of being injured in many other professions, construction and manufacturing included.

With life changing injuries seen including amputations, loss of hearing, loss of sight, 3rd degree burns and broken bones, Sincere Law Partner, Lucie Illingworth, actively welcomes the new resources and challenges other companies to provide the same. Lucie said of the new courses:

“It often goes unnoticed just how badly an injury caused working in agriculture can change a person’s life. Any claims we deal with in this sector go far beyond simply providing a means of compensation. The rebuilding process can take months and years to come close to making a recovery (if at all). The more protection provided for farmers, the fewer lives we are likely to see affected by injuries at work. I’d like to see many more of these initiatives launched to protect UK agricultural workers”.

Will the enhanced education have an effect on the rate of serious injury and fatalities in UK farming? Only time will tell. Until we know for sure, farming is likely to retain its place as one of the UK’s most dangerous jobs.

“Calculating New Route”- Google Maps Now Warns You of Traffic Audibly

Great news for road traffic accident prevention! Google Maps has recently released an update that now audibly tells drivers when they are approaching congestion, giving them the knowledge without needing to take their eyes off the road.

Seamless Journeys, Safer Journeys

Spoken traffic alerts are the latest innovation to hit smartphones by Google. With the ability now to automatically hear traffic updates along your route, you will not only be on top of your journey, but will also be much safer having not being required to pick up the phone whilst driving.

With smartphone injuries up 43% in 2015, the lure of staring at a screen has become too much for many Brits, who now see themselves falling victim to avoidable accidents like walking into obstructions (43% of people admitted walking into something).

Research conducted back in 2014, gave us an indication that up to 1 in 4 car accidents are now caused by mobile phone use while driving, with further studies showing a rise of 16% in just the first quarter of 2014 of pedestrians killed or seriously injured in incidents where smartphones have beared the brunt of the blame.

Fatal injuries from texting while driving - Sincere Law

Saving Time, Saving Lives

With the introduction of audible updates on all smartphone devices, the new feature could go a long way to addressing the growing concerns about driver and pedestrian safety at the hands of distractions like phones.

Having been banned since 2003, mobile phone use while driving is still unfortunately a common cause of road traffic accidents over the last decade, with offenders not always easy to spot by police given the sometimes discreet nature of texting below the door line.

The new app will eradicate previous faults, which include having to look for new routes while driving into traffic, as an update of traffic on your route will be described before you set off, enabling you to change routes before leaving your house. You will also receive updates as soon as congestion develops, giving you time to choose a new route or simply be aware that you will need to slow down as you approach queues.

 


The dangers of texting while driving

A practical Approach

Sincere Law feel that while the initial innovation of the app was to give road users more warning and more choice when commuting, we are pleased to see a company like Google take a proactive approach in reducing accidents, as a result of distracted driving.

Driver error causes 90% of accidents, with mobile phone use being a large percentage of that. With phones consistently evolving and giving us more applications and uses, it could be easy to become carried away and allow the different distractions a mobile can offer to affect driving.

The urge to find a particular album or playlist on your iPhone library, or check out how your village is getting along in Clash of Clans, while only taking a few seconds to accomplish, can prove fatal. Sincere Law Senior Partner David Byrne spoke to us about the update; stating:

With so many uses for a smartphone nowadays it is such an easy distraction. The user can potentially think ‘it won’t happen to me’ that they could lose control while using a device. Unfortunately it does happen and it can destroy lives, this new feature will go a long way to fighting that. Congestion can lead to stress and to more accidents, alleviating this is a major step towards reduction in road traffic accidents from distraction, stress and poor driving decisions”.

 

Have Texting Drivers Affected You?

Distracted drivers (in any sense) are high risks on the road to fellow drivers, cyclists, motorcyclists, pedestrians, runners or anybody within their vicinity. A crash as a result of distracted driving can easily spiral into catastrophic or fatal accidents.

With over 23 years of experience and an entire team of Road Traffic Accident specialists, Sincere Law knows what the impact of an accident can be and what is needed to begin the healing process for all affected.

The process can affect families, an individual’s whole life (physically and psychologically) and also cause considerable damage to their own property, such as their car, motorcycle or bike.

These cases can be sensitive and require careful consideration as to what steps to take. This is something we’re well versed in. We have made it our pledge to conduct all claims under a ‘No Win No Fee’ basis, providing an upfront and honest account has been given, in order to reduce stress and eliminate any risk for those that have already suffered so much.

Sincere Law - Google Maps audible updates

To get free, impartial advice from one of our team of experts, you can get in touch via either filling out our contact form here, by emailing us at [email protected] and giving the relevant details, or by calling us when convenient for you (we’re open every day from 8am – 9pm) on 0800 092 2896.

We’re always ready to advise you on the best course of action and will always be honest about what we can do for you. If you have suffered at the hands of a negligent driver, begin your claim today. Remember, claiming compensation is your best way of ensuring the guilty party comes to justice.

If you are a driver and use Google maps to get about, we encourage you to update your app and make good use of the new innovation today!

Tougher Fines for Corporate Manslaughter Offenders

Companies guilty of committing corporate manslaughter are set to face tougher fines in an attempt to make the workplace a much safer and better regulated environment.

The Cost of Corporate Manslaughter

The Sentencing Council revealed recently that judges are being advised to impose heavier fines (in relation to size) on organisations guilty of committing corporate manslaughter.

Previous legislation, the “Corporate Manslaughter & Homicide Act 2007” doesn’t establish an upper limit to penalties. The new guidelines, however, push to take a very tough stance on guilty parties; suggesting companies with £50 million or more turnover should be fined £20 million and up to £10 million for fatal Health & Safety offences.

Corporate Manslaughter Law Blog

The 2007 act establishes what duty of care an employer owes to its employees. Legally every employee has the right to expect their employer to have taken all necessary steps and followed all necessary processes to ensure their safety. This counts not only for higher risk industries, like construction and manufacturing, but to any working environment.

 

What Is Corporate Manslaughter?

The act of failing to keep an employee safe, resulting in an accident at work, causing a fatality is the literal definition of corporate manslaughter. When one employee is instructed by another in a higher position to carry out a task that results in a fatality, the company is held responsible if that person’s instructions are in a working capacity. All that is required is that the grossly negligent party is in control of the company affairs relating to the incident; for example a foreman on a construction site, is the company representative portioning out tasks to the other employees.

Unfortunately, cases of corporate manslaughter have increased in recent years, including a spike of 40% between 2012 and 2013. Cases can take years to resolve but usually receive stringent fines as a harsh warning to ensure the same incidents are never repeated. This year saw the 11th prosecution for Corporate Manslaughter since the introduction of the legislation.

 

One recycling company convicted of corporate manslaughter

 

What The Changes Mean?

What do the new guidelines mean for companies and employees? Coming into force on the 1st February 2016, the new guidelines aim to serve as a larger deterrent than previously, to companies allowing Health & Safety processes to be neglected during their day to day activity.

Given the recent upturn in convictions for corporate manslaughter, the new fines will hopefully go some way to bringing about a downturn, ensuring companies take as much care and attention to employee wellbeing as is expected.

A matrix of costs has been developed to set a starting point based on the size of the company committing the offence. Starting points are:

  • Micro – Turnover less than £2 million
  • Small – Between £2 million & £10 million turnover
  • Medium – Between £10 million & £50 million turnover
  • Large – Turnover greater than £50 million

The costs provided by the matrix are not exhaustive of company size and not definitive totals, as companies with much larger turnovers than £50 million will require individual consideration. The hope for employees and the industry is that the fines will make enough of a financial impact that corporate manslaughter will become a thing of the past.

Corporate Manslaughter - Serious Injury Claims

Does This Affect Fatal Injury Claims?

For families of anybody affected by corporate manslaughter, the injury claims process hasn’t been affected negatively. The new guidelines are designed to be separate from private litigation and are a more official form of punishment alongside what a family can claim for the loss of their relative due to negligence.

Fatal injury claims as a result of an accident at work will remain the same taking into account what a grieving family is owed as a result of a fatality. Sincere Law have been involved in cases involving fatalities at work in the past that have also seen hearings regarding corporate manslaughter. Sincere Law Catastrophic Injury Partner Chris Walker agrees that the new fines are a good way of reducing the amount of fatal injuries at work, stating “while the claims process isn’t affected by the guidelines, it is a step in the right direction to attempt to reduce and eradicate the amount of fatalities coming from corporate negligence. Given the extreme emotional pressure it puts on the immediate family of the deceased (which Sincere Law has experienced first-hand in the past) we welcome any legislative changes that make the workplace a safer environment.”

 

Making a Fatal Injury Claim

Should one of your family or friends suffer a fatal injury at work or otherwise as the result of a negligent action by another party, we would encourage you to claim as an injury claim is one of the best ways to ensure the guilty party comes to justice. We understand a fatal injury claim is a very delicate process, and we advise you take as much time as you need before starting a claim (bearing in mind the 2 year limit to making a claim following the incident).

Making a claim is a very simple process which we can guide you through as well as giving you the opportunity to see specialists if required. We have dedicated, experienced Solicitors able to explain any aspect of a case whenever required. If you do want to get in contact about a fatal injury claim (or any catastrophic injury) you can contact us every day from 8am to 9pm on 0800 092 2896 or use our contact page here. One of our friendly operatives will be waiting to give you honest, impartial advice.

We sincerely hope the new guidelines will reduce corporate manslaughter cases to zero. Only time will tell, but the new tough stance is the first step in fully securing those in a hazardous workplace.

 

Can you make an Accident at Work Claim?

Accident in the workplace can happen, no matter how many precautions your boss may take to avoid them and with accidents, often injury follows and in many instances this can leave you unable to work for a short period of time.

There are many different types of injury suffered in the workplace one a daily basis from burns to lacerations, broken bones from a fall to amputations. In the most severe cases, sometimes even fatalities can occur.

For each type of accident there is always a reason behind it and it is your employer’s duty of care to adhere to the advised measures to avoid the likelihood of an accident occurring. If they don’t take these measures then they have breached their duty of care and if you suffer an injury as a result, then you could be entitled to make a claim for compensation.

For what injury could I make an Accident at Work Claim?

Obviously any injury suffered in the workplace could potentially lead to an accident at work claim, depending on the circumstances that caused them. The most common situations where a claim can be made include:

  • Slips and Trips – caused by wet floors which aren’t adequately signed or obstacles that are left unattended and out of sight of the victim. These are highly common in accident at work claims
  • Burns – usually brought about by not being supplied with the correct protective equipment
  • Back and Spinal Injury – often brought about by a lack of sufficient training or through heavy lifting. Can also be caused by faulty equipment and crushing
  • Loss of Sight – Again tends to be caused by lack of sufficient safety wear, in this case glasses.
  • Amputations – Tends to happen as a result of faulty machinery or lack of sufficient training on heavy duty equipment. Crush injuries caused by fork lift crashes can also cause this type of injury.
  • Fatal Injury – in very severe cases death can occur as a result of health and safety regulation not being met, either through faulty machinery or lack of sufficient training.

How to make an Accident at Work Claim?

It is important that in any instance of injury caused by an accident at work, you or the victim reports it immediately to your boss to ensure that it is recorded. Next you need to make sure, before making a claim, that you can prove that your injury was caused by negligence. At the end of the day accidents do happen because of the victim’s own negligence so just because you have been hurt in work, it does not mean you are necessarily entitled to submit a claim.

Proving liability for negligence can be tricky and in some cases daunting to do, which is why taking on legal advice from a solicitor who has experience of dealing with accident at work claims is important.

It is also important that you instruct that you submit your claim within three years of the accident happening as there is a three year limitation period for accident at work claims.

The limitation period begins from the day your accident occurred or from when you first notice the symptoms of your injury and in the case of a fatality the three years begins from the date of their death. This is to allow grieving time for the family.

Why is a Solicitor so important?

As mentioned previously, accident at work claims can be tricky in terms of proving liability, which can make claims of this nature complex.

A solicitor who specialises in accident at work claims will increase the likelihood of you claim succeeding, as they have extensive knowledge about what is needed in order to ensure liability is admitted.

It also allows the victim of an accident at work more time to focus on their recovery and will even help to ensure that you get the best medical care to aid you rehabilitation.

At Sincere Law we take care of all your care and rehabilitation needs and if you require amendments to your home we will also ensure that this is arranged. While we look after this we will use all of our experience to build the strongest case possible for your claim. Our accident at work solicitors are expertly trained to deal with each element of this sort of claim, therefore increasing the likelihood of a satisfactory settlement.

If you have suffered as a result of an accident at work and wish to find out more information about making a claim. Fill out the form below or call us on 0800 092 2896.

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