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In last week’s Solicitors’ Journal there was an interesting article on a proposed amendment to the Enterprise and Regulatory Reform Bill which may make it significantly harder for employees to succeed with personal injury claims against their employer. A subscription is needed to read the whole article.
Employers in the UK might think are vulnerable to any manner of speculative or vexatious claims from employees, however they should be grateful they aren’t in Australia, where a recent case will have the Institute of Directors and Tory MPs spluttering into their copies of the Daily Telegraph.
Roll on Friday, the purveyor of legal news and salacious gossip, carried this story (which also featured in the Australian Telegraph) about an HR executive required to travel for a meeting and to stay overnight in a motel. During this overnight stay she had sex with a male acquaintance (not a work colleague), which led to her sustaining facial injuries and psychiatric injury from a falling light fitting.
Having an accident at work can bring serious consequences. As well as the pain and suffering that will inevitably accompany an injury, there may be significant other losses as well, such as loss of earnings or medical treatment fees. If you can prove that the employer was at fault then it may be possible to recover work accident compensation.
Stress at work is an issue that comes across many employment lawyers’ desks. It gets raised as an issue, rightly or wrongly, in many disputes between employer and employee and is often used by some employees to disrupt disciplinary and performance management proceedings brought against them.Some employers probably do not care how much work or aggravation they heap upon their workforce in the race to remain competitive and get the job done.
If you’ve suffered an accident, whether at work, on the roads or on the streets, you need to prove that someone else was responsible. Compensation isn’t automatically available; you first need to prove that the employer, the other vehicle driver or the occupier of the premises was at fault in some way. When the other party owes you a duty of care and they fail to meet the required standard, you may be able to recover some compensation. That often isn’t easy. The law can be complicated, especially where the accident occurred in the workplace. You need to get good legal advice from a firm of specialist injury lawyers to advise you as soon as possible after the accident has occurred.
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During the Christmas break I read an article in The Independent about an increase in the number of “Valium addicts” being created by GPs and it stated
“Doctors are being sued for creating prescription drug addicts amid claims they have failed to follow safety guidelines published more than 20 years ago”
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Family lawyers often talk about how Christmas gives rise to an upsurge in divorce work in the New Year. The same is probably also true of personal injury work, if to a lesser extent. Claims for personal injury usually involve
The numbers of road traffic accidents increases in the winter with poor light and icy conditions.
Banks are facing a rising tide of stress at work claims, according to Reuters yesterday. The report refers to anecdotal evidence by GQ Employment Lawyers to the effect that the number of “stress related lawsuits” is on the increase, but doesn’t say what type of lawsuits, nor give any statistics to back up the assertion.
Never mind, the Health & Safety Executive’s own statistics for 2010/11 state the following;
“The number of new cases of stress, depression or anxiety has fallen from an estimated 254,000 in 2001/02 to 211,000 [in 2010/11]” *
According to a recent article by no win no fee solicitors agency, First4Lawyers, around 15 people every single hour – that’s 130,000 patients a year – in Britain are admitted to hospital suffering from brain injuries or all severities. With brain injury figures on a steady incline, so too, it would seem, is the instance of third party negligence – like employer and medical negligence (for which many either don’t realise they can or don’t want to claim compensation). It’s fast becoming, therefore, quite apparent that something needs to be done to help prevent the risk of traumatic brain injury (TBI).