WINTER is upon us... the season of skidding and tripping, sliding and falling, bumps and bruises, strains and sprains - but why add insult to injury?
If you have suffered an injury and it's not your fault, then help is at hand.
More and more advertising space, particularly on TV, is increasingly devoted to alerting the public to the possibility of claiming compensation for personal injury.
This could be for a variety of accidents, including road traffic accidents, injuries at work or developing an illness through exposure to dust or repetitive work etc, or even tripping in the street.
Surprisingly, however, only one in five people who sustain injury in this country claims compensation. Out of some four million victims every year close on 80 per cent fail to recover the compensation to which they are legally entitled.
Many of the TV advertisements feature 'claims companies' who promise compensation but hire out the legal work to solicitors on their panels.
Unfortunately, in some cases the solicitors are in towns or cities hundreds of miles away from the client and where the accident occurred. This can obviously hinder the progress of the case.
However, your case can be handled by your own solicitor or by a solicitor in your own area. Many solicitors, like Roscoes, are members of the Law Society Persona Injury Panel with extensive experience of various types of accident claims, and are equipped to fight cases for their clients and obtain compensation to which they are entitled.
Christmas is coming. Stores and the supermarkets are bedecked in festive fashion, but they are also busier than usual. Staff have to be extra vigilant to ensure floors are clear of obstructions to prevent untoward accidents.
They also have to guard against slippery areas, perhaps caused by fruit spillages - grapes which have fallen off the shelves and on to the walkways are particularly hazardous. As we all know only too well, despite the best will in the world, accidents will happen! Beware, but also be assured that if you are unlucky enough to slip and injure yourself you may well be entitled to claim against a store for negligence.
People who do suffer injury in any of these circumstances can obtain help from their solicitors. Many firms operate a no-win-no-fee service, or may act for a trade union to assist their members in the event of accident.
At Roscoe's we specialise in acting for members of the Transport & General Workers' union, but we also have a no-win-no-fee service for people who find themselves in the unfortunate position of having suffered an injury through someone else's fault. The procedure involved is sensitive, understanding, user-friendly and designed to help.
How does it work?
A statement of the circumstances would be taken at the outset, together with full details of your injury, medical treatment and any other losses you may have suffered. You can help your solicitor by keeping a list of all your expenses, such as loss of earnings, bills for physiotherapy and osteopath treatment, prescription costs and any other incidental expenses which have arisen because of the accident.
Also, if you have a photograph or sketch of where the accident occurred, show this to your solicitor - it will help your case.
Many solicitors, like Roscoes, some of whom may be members of the Law Society Personal Injury Panel, with extensive experience of various types of accident claims, are equipped to fight the case for their clients and obtain the compensation to which they are entitled.
Like many businesses more and more solicitors have invested in IT technology which means that, through computerisation, claims can be handled more quickly and efficiently.
One significant legal development in recent years has been the introduction of risk assessment procedures which employers are obliged to follow. They have a legal duty to examine what could cause harm to people in the workplace so they can decide what needs to be done to prevent accidents and ill health.
Possible hazards at work can come in very different forms, eg: physical hazards such as unreasonable lifting requirements, excessive noise, exposure to dangerous chemicals and even hazards which can damage a person's psychological welfare such as violence, bullying and other forms of stress.
You might feel there are risk factors in your workplace. If so, we would advise against approaching your employer in the first instance, but to discuss it with the union workplace representative who can then decide whether to raise the issue with your employer on everyone's behalf.
If you are not a member of a union, or there is no union at your place of employment, then the matter could be discussed with a responsible colleague or relative to decide what action should be taken to make the workplace safer.
An injured person's right to compensation is now taken for granted, but it has been a long, hard fight to reach this position. While it helps to soften the blow of an accident, surely our aim should be to prevent the same thing happening again, so we can each play a part in the improvement in the health and safety for all.
If you are unsure about your situation regarding personal injury, seek the best advice and consult a solicitor.
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