Archive for the ‘Work Accident Claims’ Category

Coal Worker Injury Claim Scotland How Long? Average Compensation Payout Amputation Fractures Leg Arm

Tuesday, May 14th, 2013

UK solicitor sets out how long you have to claim for a coal face injury including how to calculate your compensation settlement for severe injuries including an amputated arm, multiple fractures to arm and leg, lacerations and psychological injury

Scottish coal worker accident victim question

I worked for a Scottish coal company in a number of different coal mines in Ayrshire, Lanarkshire and Fife.

A few years ago in a mine in Ayrshire I was asked by my supervisor to go to the coal face and check a hydraulic ram. Another coal worker turned a cutting machine on without checking if the coal face was clear as should always be done.

This led to serious injuries to my right leg and arm before the machine could be turned off. I suffered multiple fractures and broken bones, crushing injuries and deep lacerations.

The injuries were so severe my arm had to be amputated.

It turned out that the new supervisor turned the coal cutter on without checking if face was clear.

How long do I have to claim compensation for my injuries and how much average compensation is my claim likely to be worth?

Industrial injury solicitor response

From the facts you have described it seems as though you would be able to prove legal liability of your employer as it is clearly dangerous to turn a cutter on without checking that the coal face is clear.

Given the nature of your injury – you will generally have three years to commence a claim at court from the date of the accident before it is too late. To eliminate any doubt – you are best speaking to a solicitor to determine the time period and I am happy to speak to you in person simply call me on 0161 8346776.

The amount of compensation you can claim for your injuries will be quite substantial, but will primarily depend on an expert medical report setting out your physical and no doubt psychological symptoms. The effect on your life, any ongoing problems, rehabilitation needs, medical costs and your ability to work into the future should be considered by the medical expert.

Severe injuries such as those you have described – typically have significant psychological symptomology, so it is likely an expert report from a psychiatrist or clinical psychologist will be necessary to describe these effects.

The calculation of the average compensation amounts you can claim will be based on the medical reports for your pain and suffering and loss of amenity (known as general damages) and all the costs and expenses you have and will incur as a result of your injuries (known as special damages), including: lost income, rehabilitation expenses, cost to modify your home, medical expenses, nursing care assistance, travel expenses to hospital and GP, cost of a mobility vehicle, etc.

Free Online Industrial Injury Solicitor Legal Help And Assistance

If you would like to discuss your claim with me in person or have your claim assessed by a Scottish industrial injury specialist solicitor to see how much compensation you can expect for an amputated arm and multiple fractures to your arm and legs click average compensation payouts for Scottish coal mining accident claim.

Slip On Black Ice: Construction Site Worker Compensation Claim Payout

Wednesday, April 24th, 2013

UK work accident solicitor explains how to calculate the average compensation payout for a construction site work accident following a slip on black ice resulting in an injured calf muscle, shattered kneecap and fractured coccyx

Construction Site Work Accident Victim Question

I am a construction worker and late last year I turned up to work as usual on a construction site in Newcastle, which was covered with black ice. I was unaware of the danger and my employer did not warn me especially as there was exposed concrete, which was like an ice rink.

I slipped on the black ice ripping my calf muscle and smashed my kneecap. I also landed very heavily on my bottom causing a fracture to my coccyx and severe lower back pain.

I managed to call my employer from my mobile phone who requested an ambulance come to my assistance. The paramedics were also slipping due to the black ice.

I was in hospital for a week and required surgery to remedy my fractured knee cap.

The accident was recorded in the work accident book and I believe the Health and safety Executive was informed. I later found out that the area was out of bounds to employees, but my supervisor had omitted to inform me and I turned up to work without realising.

I was off work for 3 months and have returned to restricted duties. I have been told that my calf muscle and knee will never be the same again and I will have a disability for the rest of my life.

How much of an average compensation payout can I claim for my injured calf muscle, fractured knee cap, fractured coccyx and back pain.

Work Accident Solicitor Response

Before considering the amount of compensation you can claim – it must be proved that as a matter of law your employer was responsible for your accident.

Given what you have described it appears clear that your employer should be held primarily liable for your accident.

Your employer was aware of the danger and failed to notify you or failed to put a notice up at the site that it was closed due to black ice or other dangers and as such employees should not enter the site, but should contact management.

Access to the documentation held by your employer including the results of the Health and Safety Investigation would help to prove this point.

To calculate your likely average compensation payout for your injured calf muscle, fractured knee cap, fractured coccyx and lower back pain – a specialist work injury solicitor acting on your behalf would need to obtain an expert medical report detailing the exact nature of your injuries with a description of the likely symptoms you might suffer into the future and the nature of your long-term disabilities.

This report should also comment on the likely effect of your injuries on your ability to work and any risk of disadvantage on the open labour market should you lose your job in the future.

Your solicitor will then compare your injuries to cases decided by the courts in the past for accident victims with similar injuries to calculate the amount you can claim for pain and suffering known as general damages.

In addition you will be entitled to sums for lost income, future lost income, disadvantage on the open labour market, medical expenses, nursing assistance, help in the home, etc.

Free Online Work Accident Solicitor Assistance

If you would like to speak to me in person free of charge about the calculation of your average claim payout or commence a claim online click black ice construction site work injury compensation claim.

Building Site Work Accident Claim In Dundee Scotland: Neck Fracture Scarring Hair Loss Concussion Depression

Friday, January 11th, 2013

UK work accident solicitor explains how to determine the amount of compensation you can claim for neck fractures, scarring, hair loss, concussion and psychological injuries following a building site accident in Dundee in Scotland

Building Site Work Accident Victim Question

I am a builder working for a large development company working in Scotland – Dundee, Aberdeen, Edinburgh and Glasgow.

A year ago I was working in on a building site in Dundee when a fork lift truck driver passed by with steel lintels and metal bars incorrectly secured. A metal bar fell off the fork lift and struck my head which caused me to be knocked unconscious.

I was taken to A& E at hospital on a spinal board. It turned out that I had broken a joint in my cervical spice. I have a scar on my head and I have lost a lot of hair and been told by the doctors that hair growth has been affected by the accident.

I have been depressed and out of work for the whole year.

I have a Scottish solicitor based in Aberdeen acting on my behalf and I have received an offer for settlement of my claim. The offer is not as much as I think that I should have for my injuries and the distress both me and my family have been through .

Work Accident Solicitor Response

The amount of compensation you should receive for your injury is not based on how much you want, but how much you are entitled to as a matter of law verified by evidence introduced by your solicitor in support of your claim.

There are two primary parts that make up the amount of compensation you are entitled:

1. Pain and suffering for your spinal injury – this is an amount awarded for the type of injuries you have suffered. You have described a broken cervical joint in the cervical spine, scar on your head, permanent hair damage, concussion and psychological injury.

Your solicitor should obtain expert medical evidence detailing the exact nature of your injuries, what the future holds for your recovery (including on going symptoms) and emotional distress with comments on your ability to work.

Based upon this evidence case-law can be found for similar injuries to others in the past for which the courts have made awards. As you have a potential high quantum (large value) claim – a barrister’s opinion on the calculation of quantum would be helpful.

To see the page I have written explaining about the advantages of a barrister’s opinion for determining how much a claim is worth, click barrister’s opinion to calculate compensation claim amounts.

2. Financial losses and expenses – this will vary from person to person and will depend exclusively upon your own individual circumstances.

Financial losses can include: lost income, medical expenses, travel expenses, assistance in the home (provided by friends and family), etc.

You have already indicated that you were absent from work for a year. If this can be proven as a result of your accident and supported by medical evidence – you should recover your net pay for this period and also any future lost income, including a payment for disadvantage on the open labour market if you are now back at work (a sum to compensate the fact that you might be less able to find future work due to your injuries should you lose your job in the future).

To see the page I have written explaining the types of financial loss you can claim following a work accident, click financial losses in work accident claims.

Should you wish to discuss the amount of compensation for neck fractures, scarring, hair loss, concussion and psychological injuries click building site work accident claim compensation calculator.