Employment Law Explained

Tag Archives: Personal Injury

Employer Liable for Employee’s Injuries Sustained During Sex Session

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.

Compensation for Workplace Accidents

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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.

Personal injury solicitor – fighting for your rights

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 A personal injury can result in a many different financial challenges and can add stress and worries when what you really need is to spend some time relaxing to recover from your injury. It can also be very hard to relax, especially the accident was someone else’s fault in the first place. However, the good news is that personal injury lawyers are there to help, with committed and talented legal firms who can sort out compensation for your personal injury.

When Can You Claim For Personal Injury?

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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.

Accidents at Work and on the Roads

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 Accidents at Work and on the Roads   personal injury

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

  • an accident at work,
  •  Road Traffic Accident
  • a slip or trip on a pavement
  • injury by a faulty product.

The numbers of road traffic accidents increases in the winter with poor light and icy conditions.

UK Banks Facing Rising Lawsuits over Stress? Really?

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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]” *

Workplace Accident Claims: the U.S experience

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A US railroad company, Metro-North, has been ordered to pay an employee damages in excess of $142,000. In addition, the company must promote him to a senior level as it was concluded that the worker was denied promotion because of a knee injury sustained whilst at work.

Metro-North railroad were found by the Occupational Safety and Health Administration to have wrongly classified the injury as being completely unrelated to work, when in fact the injury took place whilst Mr Bill Ordner was on his lunch break.

 

Personal Injury Awards are “Not Sacrosanct”

divorceimages Personal Injury Awards are Not Sacrosanct   personal injury

Last week I read a brief summary about a case where personal injury and family law crashed together in the Court of Appeal .  I’ve not read the full case itself and if anyone has the link to it I’d be very interested to read it.  It’s a surprising case because one of the parties, Mr Mansfield had suffered serious personal injuries when hit by a car in an accident in 1992 and had been awarded £500,000 for the loss of a leg and serious spinal injuries.  The couple got together five years after the award was made to him which, if the remnants of my knowledge of matrimonial law still holds good, means that it was property acquired before the marriage and thus not a matrimonial asset.  I’d welcome any comments from any Family lawyers out there reading this who can explain it.

Are Stressed Workers More at Risk of Redundancy?

iStock 000009700656XSmall Are Stressed Workers More at Risk of Redundancy?   unfair dismissal stress at work

According to research by mental health charity Mind,  workers fear that if they admit to being depressed or suffering from stress they will be selected for redundancy or “forced out of their jobs”.

Their statistics showed that 22% of those surveyed who had disclosed a mental health issue in a previous job had been fired. It’s  a natural reaction and it undoubtedly happens, but proving that the selection for redundancy was because the employee said they were unwell is quite another matter. As the Mind website reveals, sometimes an employer can be very supportive.  Sadly, that often isn’t the case.

Is the Workplace About to Get More Dangerous?

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According to a piece from The Mirror last Wednesday it is. This is because the government is planning “savage spending cuts” at the Health & Safety Executive (HSE) which will reduce the number ofHseLogo Is the Workplace About to Get More Dangerous?   personal injury workplace inspections carried out, thus increasing the risk of personal injuries occurring.  The article cites a very sad incident to one worker mortally injured on his last day at work.