Archive for the ‘Work Accident Claims’ Category

BURN AT WORK ACCIDENT CLAIM

Saturday, May 27th, 2017

Burn Victim Accident Claim Question

I work as a kitchen porter in a restaurant in London. Last Saturday the chef asked me to put some plates in the dishwasher as I was picking the plates up close to the position that the chef was working the chef put some frozen food into a pan filled with oil. This caused the oil to explode out and burn my forearm.

The chef apologised and cold water and a bandage was applied. After I finished work, my forearm was causing me a lot of pain, so I went to A & E and was diagnosed with third degree full thickness burns.

I have been told this will likely a scar. The burn is quite large – 3 inches by 1 inch.

The chef and I both work for the restaurant chain.

Can I claim compensation for my injury and if so how can you calculate the amount of compensation my claim could be worth?

Work Accident Solicitor Response

From the description you have supplied it seems that the chef was negligent in attempting to frozen food into a pan of oil when you were close by.

Your employer is liable for the “torts of its servants” – in other words an employer is responsible for negligence of its employees.

On this basis – I believe you would have a strong claim for compensation from your employer.

To determine the amount of compensation your claim could be worth a process must be followed. A solicitor acting on your behalf will obtain a medico legal report from an appropriate medical expert. Here the most likely suitable expert would be a plastic surgeon. This expert will produce a report after having examined you and inspected your medical notes.

The report will set out primarily three things: what your injury was at the time of the accident; what your symptoms are at the time of the examination and very importantly what the future holds for your recovery as well as any likely ongoing disability and scarring.

Based on this report your solicitor can compare your injuries to those decided by the courts in the past for similar injuries and come to a range of values for your pain and suffering, known as general damages.

In addition – you would be entitled to compensation for all of your financial losses (both past and future) as a result of your accident. These might include: lost income, medical expenses, care and assistance in the home; disadvantage on the open labour market, etc. these losses are known as special damages and are added to general damages to give the overall amount of compensation you can claim.

To see an article I have written giving examples of compensation amounts for scarring click compensation amounts for scarring.

Hit By Falling Masonry At Work: Claim Compensation Head Neck Injuries

Thursday, June 20th, 2013

UK solicitor explains how to claim compensation if you suffer injury from falling objects from work platforms, ladders and other structures

Work accident victim question

I was working installing windows on a property my employer was renovating. I was working on a ground floor window and a colleague was working above me on a platform mounted on scaffolding.

Suddenly I recollect coming around lying on the floor with paramedics surrounding me. I was taken to hospital and diagnosed with head and neck injuries. Thankfully – I was wearing a protective helmet or I could have been killed.

My colleague came to visit me at hospital and explained that the platform had wobbled and a large piece of masonry – made up of several bricks cemented together had fallen through a gap and hit me on the head.

My colleague did not do this on purpose and I was wondering whether I could make a claim from my employer as it is likely I will be unable to work for a number of weeks and it make take several months for my head and neck injuries to recover.

Work injury solicitor response

It seems to me from your description that your employer would be held liable for your accident. An employer is responsible for any negligent acts by any of its workers and has specific regulation relating to the safety of workers when working at heights set out by the Work At Height Regulations 2005.

The Regulations require a platform to be erected so that it cannot move, there should not be gaps in the platform which could allow objects to fall through and cause injury and any loose objects on a platform should be properly secured.

You were properly wearing protection for your head and you still suffered head and neck injuries so your employer and not your colleague should be held liable to pay you compensation for your injuries and financial losses, including lost income.

If you would like to discuss your claim with me in person free of charge or commence a claim online click head neck injuries claim falling masonry at work.

 

Defective Metal Press Work Injury Claim Preston: Broken Arm Fractured Shoulder

Friday, June 14th, 2013

Work accident solicitor explains how to claim compensation if you have suffered injury as a result of defective work equipment including shoulder and arm injuries from a malfunctioning metal press

Work accident victim question

I was at work in a factory in Preston. I am a press operator and was using an industrial metal press when the press malfunctioned causing a large piece of metal which was being bent to fly out of the press and hit me on the top of my left arm and shoulder.

This caused my upper arm bone, the humerus, to be shattered and the scapula and clavicle bones in my shoulder to be fractured.

I required surgery and the insertion of pins and plates and I am told my arm and shoulder will never be the same again. I have also been left with a large unsightly scar on my arm.

Can I make a claim against my employer for my arm and shoulder injuries and if so what type of compensation can I claim?

Work injury solicitor response

An employer is responsible for the correct operation of work machinery and equipment. The fact that your fracture injuries to your arm and shoulder and scarring was caused as a result of a defect with the press will likely mean you will succeed in a claim against your employer.

So long as it can be shown that a defect with the press existed and as a result you suffered injury – your employer will be strictly liable for your injuries. In other words – you will not have to show your employer was negligent only that the press was defective.

Engineering evidence might be necessary to help prove the press machine was defective although the facts are quite clear that your accident could not have happened without s defect with the press.

You will be entitled to claim compensation for the pain and suffering you experienced for your injuries – the broken upper arm humerus bone, fractured scapula and clavicle bones, scarring. In addition you could have suffered psychological injuries.

All of your injuries will be set out in expert medical reports from specialist doctors and based upon these reports and court guidance your solicitor can determine how much your claim is worth.

In addition – you will be entitled to claim for financial losses, such as lost income you have already incurred with a prediction of likely future lost income. Other expenses might include medical expenses, nursing assistance and travel expenses to your GP and the hospital.

To see examples of the amounts of compensation you can claim for your injuries click shoulder fracture compensation amounts and arm injury compensation average payouts.

To discuss your work accident claim with me in person  or to commence your claim online click work accident press injury claim.