Personal Injury Law Blogs

How to Make Your Workplace Legally Safe for Employees

(US law and general safety at work information) Every year, millions of people are injured in work environments across the United States. While an employer may be able to reduce the risk of his or her injury in the workplace, some employees may not understand or comprehend all the risks in a certain environment. Because of this, employees can often be injured while operating work-owned equipment. In these situations, it’s important to minimize one’s liability by following all necessary health and safety standards. The following guide explores how one can make his or her workplace legally safe for employees.

Work environments are much safer than they used to be. During the industrial revolution, many factories and industrial facilities had very dangerous working conditions. Between 1850 and 1911, almost eight percent of factory workers experienced a severe injury during their career. Because of this high injury rate, the United States government created the Occupational Safety Hazard Act (OSHA). OSHA protects employees and employers from dangerous work conditions that can pose a significant risk to one’s health.

OSHA provides free copies of its literature to both employees and employers. OSHA handbooks can provide valuable guidance on how a company owner can create a safe working environment for his or her employees. In addition, OSHA has many materials available on its website.

There are many private worker’s compensation law firms that can also provide valuable guidance on workplace injuries. Since a workplace injury can result in expensive litigation for a company, it’s a good idea to avoid any type of incident that could cost a company lots of money.

Most companies only install safety equipment after being sued by an injured employee. Instead of letting this happen, it’s a good idea to learn from the mistakes of other companies. All employees at a company should be treated as a potential liability. This can help ensure that one is at a minimal risk of being sued.

In addition, it’s important to limit liability through warning stickers and training materials for employees. An employee will have less of a chance of winning a litigation case if he or she was in blatant violation of a company’s policies.

OSHA inspectors will often visit a company on a regular basis. Since the visits may occur on random days, it is usually not possible for a company to plan for a particular visit. Instead of letting oneself get stressed at the last minute because of a serious problem, it’s a good idea to address any employee safety concerns proactively. This can be an excellent way to reduce the risk of many common problems.

Violating on OSHA safety rule can have moderately severe consequences. In most cases, a company will be sued thousands of dollars. However, a lawsuit from an injured employee could cost a company millions of dollars. If a company doesn’t follow OSHA rules, the chance of an employee winning a case against a company can be dramatically increased.

In addition, warning stickers can be an excellent way to reduce liability at a company. All potentially hazardous items in a store should be labeled as such. This can include items ranging from shopping carts to one way doors. By putting warning labels on all the objects in a company, the company can claim that employee negligence caused an accident. It’s essential to proactively address safety issues in a work environment.

About the author

This article was written by Karl Stockton for the team at Spencer Law Firm. Contact Spencer Law for substantial experience in personal injury law.

Asbestos Claims – Some Complicated Situations

The change in the law as ruled by the Supreme Court back in March 2012 gave hope to thousands of families throughout the UK who had lost a loved one as a result of asbestosis, mesothelioma or another asbestos related disease. The court ruled that liability no longer rested at the time that the symptoms showed themselves, but at the time that the individual was exposed to asbestos. Since the ruling, the numbers of people coming forward to make their claims has risen significantly.

The reason for the change in the law was that these asbestos related diseases can take years and in some cases decades to show themselves which meant that in many cases workers had left their jobs and were not covered by insurance policies when the symptoms began. The new ruling makes it possible for workers to claim on policies dating back to the 1940s. However, there are a number of situations where making a claim can become very complicated, especially on policies that do date back this far.

The first example of this is where a company is no longer in operation. In this instance, it is possible to trace the insuring company rather than the trading company.   If it emerges that there is no one accountable, you may be able to claim from the government (Pneumoconiosis Act 1979). In many cases, a claim needs to be brought against an asbestos mining or manufacturing company – but many of these companies were forced to declare bankruptcy. In this instance, the copany would have been ordered to set aside funds specifically to compensate asbestos victoms. These funds are known as mesothelioma compensation funds or trust funds.

In another example, the company may not be trading anymore but there may be a parent company as in the case of Cape Building Products ltd vs Mr Chandler. Mr Chandler had worked for the company back in the 1950s for four years manufacturing Asbestolux. It wasn’t until 2007 that he discovered that he had mesothelioma but by this time the company was no longer in existence. There was however a parent company, Cape Plc and it was this company that Mr Chandler took his case up with. The Hugh Court had to determine whether the parent company was closely enough linked with its subsidiary to provide a duty of care to its employees and therefore accept liability. Mr Chandler was successful with his claim as it was proved that the parent company was aware of the duties of Cape Buidling Products ltd’s employees.

Finally, in cases relating to asbestos exposure in the military there are certain restrictions about the claim you can make. If the exposure was prior to 1987, you will not be able to make a personal injury claim. You may however be able to claim a ‘War pension’ or make a claim with the Armed Forces Compensation Scheme (AFCS). The AFCS came into effect as of 6th April 2005 and allows service men and women to claim against injuries, illnesses and death during service on or after 6th April 2005.

If you are unsure about whether you or your family can make a personal injury claim relating to an asbestos related disease or even where someone has died, speak to a firm of solicitors with experience in asbestos claims who will be able to advise on the subject and recommend the best way to proceed.

Damages for Compensation Claims Increases by 10%

The Court of Appeal has confirmed that an increase in damages for compensation claims will be implemented following the Jackson reforms which are to be put in place by April 2013. The pending reforms will heavily change the way car accident claim cases and other torts work. All torts which cause some kind of defamation, stress, loss or damages in general will be affected. The Jackson reforms will cap the amount of money made on success fees for personal injury and car accident claim cases and there are some concerns that it will leave some legal professionals out of pocket. The announcement of the uplift came from senior figures of the judiciary who stated that this judgement was to be reached many months in advance for the sake of  ‘simplicity and clarity’.

After the Jackson Review, the pending uplift was one of the key points made by Lord Justice Jackson when the document was put together with a view to reshuffle the UK’s civil litigation legal system. However, the increase, along with a number of other recommendations made by Jackson, was not to be included in the government’s plans to implement Jackson’s recommendations. After the recent judgement, which was made towards the end of last month, it was decided that for the judiciary not to ensure trial judges would apply it could be considered a ‘breach of faith’.

After the judgement was finalised, master of the rolls, the lord chief justice and the vice-president of the Court of Appeal stated that the uplift was not being put in place as a perfect change which would achieve perfect justice in every case, but went on to point out that the same concern could be held about all of the pending changes to the legal system. There is also a great deal of concern from the Transport Committee, a governmental body which has been largely responsible for investigating the so called ‘compensation culture’ and making recommendations to the government which actions could be taken in order to shore up some of the holes in the system.

There are a lot of concerns over the pending Jackson reforms and critics say that it could leave some people without access to personal injury cases (since personal injury was removed from the Legal Aid Bill some 15 years ago) and it could leave personal injury lawyers out of pocket. The uplift which is now scheduled to be made will apply to all torts which case damages of all kinds. The personal injury sector of law is waiting with baited breath to see how things balance out after the reforms appear in April 2013.

Jim Loxley is a Director at experienced claims specialist, My Compensation

The Most Important Qualities to Seek Out in a Personal Injury Lawyer

A personal injury attorney can be your most valuable ally if you are in an accident. However, there are usually many attorneys that claim to be able to get your case settled for the most money and it can be difficult for most individuals to figure out who is telling the truth. If you want to find the best attorney, you should consider the qualities below.

Specialization
Attorneys tend to specialize over time. Some are better at handling divorces, while others deal more with criminal matters. If you suffer an injury, you should seek out a personal injury specialist. Attorneys are required by the bar to be honest about their specializations, and those that advertise as injury lawyers tend to have more experience and expertise in handling these sorts of cases than other attorneys. If you are ever curious, you may wish to take a look at the attorney’s profile on his or her website. Most do tend to list specialties in a fairly straight-forward manner.

Experience
A good attorney should not only specialize in personal injury, but he or she should have real-world court experience to back up that expertise. Most attorneys are quick to boast about their years in the business, and you can always ask if you feel uncomfortable. It is not necessary for an attorney to handle decades worth of cases to be good at his or her job, but it is usually better to pick an individual that is familiar with how the courts really work.

Personality
A personal injury suit can drag on for quite some time. As such, it is wise to seek out an attorney with whom you can work easily. Different Toronto injury lawyers have different types of personality, so make sure to treat your initial interview with the attorney as a trial run of your relationship. If you find that he or she is too abrasive or seems unable to fit your needs as an attorney, you might want to choose a different lawyer. If you can work through the initial meetings, though, you may be able to deal with the attorney over the long term.

Service
It is also important to take a moment to consider the level of customer service that an attorney’s office can provide. Dealing with a major injury can be a trying time, but it is far worse if you cannot get in contact with your attorney when you need him or her. One of the best ways to judge an overall level of customer service is to make an appointment with an attorney and then call back later for information. If you have trouble contacting a legal secretary or the attorney seems to constantly be “too busy” for your calls, you may want to look elsewhere.

The qualities above are among the most important that any attorney can possess, and you should never settle for a lawyer that fails to satisfy any of those criteria. A good attorney can often make the difference between a win and a loss, and can be the only person that can help you to get your life back on track. Always be discerning when making your choice, and always remember that you are the one in charge of your case.

This post is provided by http://www.thomsonrogers.com/; one of Toronto’s premier law firms, providing lawyers dedicated to personal injury, environmental, medical malpractice and family law.

What to Bring When First Meeting With a Personal Injury Lawyer

There have been many times where a case went sour for the victim of an accident because they lacked that pesky little detail which would have sealed the deal for them. So if you want to avoid getting cooked by an absent material, here’s the answer for what you should bring when first meeting with a personal injury lawyer.

Accident Reports

Accident reports have an uncanny ability to list helpful details on what exactly the authorities think happened and who they thought was at fault for the accident. That can go a long way to elevating your chances of getting on top. It may also contain other intricate details that will give your personal injury lawyers additional firepower.

Witness Identities

Witnesses are important in any case because much of the truth can be gleaned through the words of an impartial entity. So if there were any witnesses who saw exactly what happened, you should provide their contact information to your lawyers.

All Medical Records Connected To The Accident

Medical records that are related to the accident are very important because they speak to the extent of the damage done to you. It also helps by casting your role as the victim to greater prominence. However, if the medical records say that you were hammered at the time of the accident, it could also help your lawyers decide if you have a case or not.

Documents Of Property Damage

Documents that show the extent of the damage done to your car would also help your case as proof of your claim. Damage records of your property, along with photographs of the damage to both you and the other party’s vehicles can prove once and for all that you are telling the truth.

For example, if you claimed that the other party rear ended you, a picture that depicts that claim will leave no room for doubt.

Insurance Company Forms And Letters

Any letter or forms that insurance companies send will usually contain deadlines and it is ever the problem of victims when they don’t meet them. You can solve this dilemma by presenting such documents to your lawyers so that they can make sure you do not go past the due date.

So there you have it, what you need to bring when first meeting your personal injury lawyer. Don’t forget a single one or reading through this whole thing would have been pointless.

Fournaris and Sanet want to give advice over the internet, so anyone needing to speak with a personal injury lawyer will know what they need to provide for their case.

Personal Injury Law In Washington State

According to law, personal injury is mainly considered a hurt caused to an individual due to the negligent action/s of another person/s. The hurt can be physical or mental, and can be caused by almost anything; however, the law can provide compensation to the injured party, only when the negligent behavior of another entity or person is established. Although this is the common denominator in personal injury cases, the exact interpretation of the law might vary slightly between states.

In Washington State, the law follows an approach of comparative negligence, where responsibility is determined proportionately between the two parties. This means if the injured was also careless to a degree, which contributed to the injury, then the amount of compensation will be reduced proportionately to the extent of such carelessness. This comparative approach is also used for recovering proportionate damages, where more than one party is involved in causing the injury.

Many personal injury cases are to do with auto accidents, and when you are injured in such a mishap, you should know the correct steps that are to be taken to make a strong case. If you suffer injuries due to collision in Washington State, then you must file a collision report with Washington DOT (Department of Transportation), if law enforcement agencies have not done so. All investigations regarding personal injury that are due to collisions are handled by DOT.

When the police have failed to conduct any collision investigation, this report will be the only record of the incident. Collision report is available at the licensing office, DOT office or from the police. This report will include information about the date of collision, the number of people and vehicles involved in the accident, whether the vehicles involved were stationary or moving, and if there were any fatalities or injuries. This report simply records the fact that your were involved in an accident, and does not indicate who was at fault. This could include a bike accident as well where a Spokane Bicycle Accident lawyer would be very beneficial.

When personal injury is involved, Washington DOT will review the situation and find out if any driver/s involved was uninsured. The judgment usually goes against the driver who is uninsured, even when the negligence is established on the other party. That is why it is very important to carry the minimum auto insurance required by the State.

When taking auto insurance in Washington State it is also advisable to take the PIP (Personal Injury Protection) coverage. This coverage will provide immediate necessary care to the insured, irrespective of who was at fault or negligent in the accident. The PIP coverage is necessary, as the compensation provided by law usually takes time, particularly when the payment has to come from the negligent person’s insurance company.

The law regarding personal injury has many aspects, and the case can become quite complex. It is usually better to hire a competent personal injury lawyer, who is an expert at dealing with all aspects of this law. However, make sure you have taken the necessary steps in filing the collision report in case you are involved in an auto accident. Contact the Fannin Litigation Group if you have any questions or concerns.  They exist to help you.

Personal Injury: If I Slip and Fall Can I Sue?

Legal jargon may seem like it’s written in another language sometimes, but here’s what you need to know about slip and fall cases. A slip and fall case is a type of claim that is based on a person tripping/slipping and falling. It is based on the claim that the owner of the property was negligent in allowing the dangerous conditions that caused the slip to exist. Slip and fall is a type of personal injury that can happen in just about any place; private property, retails stores, at work and even on public sidewalks. Most people usually get up and dust themselves after falling. However, there is a chance that injuries may unfold days or weeks after. It is for this reason that a slip and fall should not be taken lightly.

In the event that you are injured as a result of tripping and falling on another persons property, you can file a lawsuit and there is a good chance that you will be awarded damages. Because this particular type of case is carried out against the property owner, it is built on premises liability. There are a number of conditions that are seen to contribute to a slip and fall accident. These include:

  • Torn carpeting
  • Poor lighting
  • Wet floors that are not clearly marked
  • Handicapped accessible walkways with inadequate handrails
  • Stairs with missing hand rails

How to assess whether suing is a good option:

There are three elements or conditions which are considered necessary for you to establish whether the property owner is to be held liable for the slip and fall personal injury.

  • The property owner either knew or should have known about the existence of hazardous conditions. More over, they should have recognized the fact that the conditions posed a threat of personal injury
  • You were not in any way aware of the existence of perilous conditions and the risk of harm
  • The property owner failed to deal with the situation and make the area safe. In addition, they also failed to give warning about the precarious conditions.

Who should you trust to represent you?

If you are involved in a slip and fall accident, it is advisable that you talk to a personal injury lawyer. This is an attorney who specializes in fall accidents. After the first consultation meeting, the lawyer should be able to tell if your case will succeed or not. You have a better chance of winning the suit if you pick a lawyer with a wealth of experience in handling negligence cases. The attorneys perform a number of tasks. For starters they represent you in court. They fight for your rights and ensure that justice is served. They analyze and evaluate the situation then prepare the case. Lastly, they negotiate on your behalf with insurance companies with the aim of acquiring the best settlement.

Taylor Gall is a freelance writer and author who is interested in law. He writes for websites, blogs and personal injury attorneys, and is writing a fiction novel about legal issues.

Anaesthetic awareness leads to clinical negligence claims

Anaesthetic awareness – the phenomenon of waking up or being aware of the pain during a surgical procedure – is thought to affect as many as 4,000 people in the UK every year.

For some patients it is a real-life horror story, where they feel the pain of being operated on but remain unconscious and unable to communicate. They’re screaming on the inside in an attempt to alert the surgical team, but while the anaesthetic is ineffective, the paralytic drug is doing its job.

But why does it happen? In most cases, the reason for patients waking up is down to a misjudgement about anaesthetic dosage required for a specific operation, possibly as a result of inexperience.

Thankfully, cases of this magnitude are relatively rare due to advancements in technology and procedures. Brain monitors can show surgical staff exactly how sedated a patient is, while a simple tourniquet can be used to identify whether a patient is still awake.

However, according to researchers in the field, some medical teams still do not use these techniques because they are unaware of just how common the problem is.

This has led to a number of clinical negligence claims being brought against private and public hospitals. Patients who have gone through this ordeal suffer from flashbacks, nightmares, fear of hospitals and, in some cases, post traumatic stress disorder. There is also an issue where some patients find people don’t believe them or are told they must have dreamt what happened.

The emotional and psychological impact of waking up during surgery can have long-lasting effects. Even with regular treatment, it can be debilitating in many aspects of their lives.

Speaking to a clinical negligence solicitor about their experience may not make the memories fade, but it can lead to a compensation payout that helps them get the help they need.

Road Safety Day focuses on young drivers

The European Commission last week dedicated its Fourth European Road Safety Day to young people, recognising that, around the world, road crashes are still the biggest cause of death and disability for the age group.

In 2010, 18 to 25 year-olds accounted for 19% of the 31,000 recorded EU road fatalities, despite forming only ten percent of the total population. According to the Commission, this indicates that those aged between 18 and 25 face almost twice as high a risk of dying in traffic accidents.

A young driver was involved in 40% of EU fatal accidents in 2010, says the Commission, while 25% of the fatalities involving car drivers were young people – 81% boys and 19% girls.

Taking a closer look at the road fatalities of young people per transport mode, the figures show that:

More positively, road deaths for the 18-25 age group appear to have decreased by 49% between 2001 and 2010 – more than the general decrease of 43%. Road deaths among young car drivers also fell over the same period, decreasing by 55%.

“I am optimistic that we can advance towards our ‘vision zero’ for EU road safety, as we made good progress in the last 10 years,” said Commission Vice President Siim Kallas, who is responsible for Transport. “Nevertheless, there is still a long way to go. Only by changing young people’s driving mentality can we continue to save lives.”

The Commission dedicated the 4th European Road Safety Day (held on 25th July) to 18 to 25 year-olds, as part of its strategy of encouraging young people to become actively involved in road safety issues.

The day was marked by a conference, jointly organised with the Cyprus Presidency, and the launch of the new European Youth Forum for Road Safety Facebook page.

What is the Settlement For A Knee Injury?

Accidents happen all the time. The majority of these accidents occur as a result of negligence on the part of someone supposed to take care and due diligence. People may not live up to their responsibilities and this may cause undue suffering, injuries and pain. One of the more common injuries that a person may suffer as a result of an accident is knee injury. The law declares that any person who

Causes of knee injury

Knee injury may be caused by:

  • car accident
  • trip and fall on the street
  • slipping inside a store or other premises
  • many other causes

If a person suffers an injury that is someone else’s fault, then the law often stipulates that they need to be compensated. Compensation will be paid by the person or party deemed responsible for the accident. Injury settlement need not be settled in court if the responsible party agrees to an out of court settlement. However, in some instances, people can proceed to go to court and seek a court order in relation to compensation for injuries such as a knee injury.

Consulting a personal injury lawyer

Once a person suffers a serious injury, they should seek medical assistance from a healthcare facility. If the injury is serious, they may be admitted for further treatment. Once the healing process gets underway or is completed, the person will then need to ensure that they contact a personal injury lawyer. This is a lawyer that specializes in helping victims of personal injuries receive Injury settlement.

The personal accidents lawyer is well versed with the complex process of filing for compensation and getting the due compensation thereafter. The lawyer usually works with victims without any upfront charges. The compensation depends directly on the amount of injury caused and any resultant suffering. This makes it very easy for victims of accidents to present their cases before lawyers.

Compiling documents and evidence

For every case involving personal injury claims and compensation, it is important that evidence be available and documents be presented so as to build a credible case. These documents may include

  • hospital reports
  • workplace reports
  • doctors report
  • witness statements
  • police reports
  • And all other evidence and documents that a personal injury lawyer may deem necessary.

Filing a claim for Injury settlement

Once a case has been built up by the personal accidents attorney, the evidence will be presented to the opposing side, the lawyers to the responsible party so they may agree to organization a claim for the injuries suffered. If they agree to settle the matter out of court, the two parties will negotiate a settlement and the victim will receive compensation pretty early. Sometimes these cases go to court and a long, drawn out court battle may follow.

Penelope Weimer is a freelance writer who mainly focuses on legal issues. Although her background isn’t in law, she has written extensively on issues such as personal injury and liabilities. Her work has even been published on the website of a personal injury lawyer.