Ice - a danger, but is it a hazard that can lead to a successful claim?

Slipping on Ice - can you claim Personal Injury Compensation?

By recent standards, this current winter has been a cold one! For the first time in ages, we have had frozen lakes, frozen canals and frozen rivers. On many a cold morning - and even through the day on a colder day - the good folk of this land (including me!) have spent time scraping the ice from our windscreens before driving to work and the walking carefully from our cars to our offices to ensure that we don't slip and hurt ourselves. At this time of year, we get many calls from clients who have fallen on icy paths and steps, and sustained nasty injuries - usually fractures to wrists and arms. The one thing that all of these callers have in common is that they have slipped on ice, sustained nasty injuries and received medical treatment. But does that mean they have a claim?

Unlikely to be successful

Unfortunately, in the vast majority of these cases, we are unable to assist the caller and have to reject the matter. It falls down to a duty of care and the strength of liability against the people or authority responsible for the area in which the individual fell. For example, should someone slip and fall on a public footpath due to ice, it is highly unlikely that they would be able to prove sufficient liability against the local authority highways department responsible for the path to enable them to win any claim for Personal Injury compensation. Clearly, such authorities are obliged to grit/salt the roads etc in their areas, but they must prioritise the order in which they grit the roads and footpaths in their areas. It goes without saying that the main responsibility is to ensure that major roads are gritted - starting with motorways and A class roads, then moving on to heavy use B roads then if there is still time and the main roads are still safe, the c roads and unclassified roads and eventually the footpaths and pavements. As you might guess, the footpaths and pavements rarely get treated and it is easy to see why. So in a nutshell, if you are walking on icy paths, take care - you are unlikely to be able to claim compensation for any injuries sustained.

Exceptions

The duty of care on other parties when it comes to ice, can be far easier to claim against. For example, work yards where an employer expects staff to operate must be treated within a reasonable time of the ice appearing. Car parks and entrance ways at places of work or schools should also be treated - or signage situated to warn of the hazards. Steps and platforms at bus and train stations are also subject to higher duties of care. If you fall in any of these places on ice (or any other public location for that matter) ensure that your accident is recorded in the accident book, seek medical attention and then call us! It is likely that we will be able to take such a claim forward for you.

Making your claim

To make your claim, come to us. Direct 2 Solicitors are approved for Regulated Claims Management Services by the Ministry of Justice (Authorisation CRM 3364), check the regulators web site www.claimsregulation.gov.uk and are also members of the Claims Standards Council. We offer genuine peace of mind, honesty and a friendly caring service.

If you are in need of a reliable and approved Claims Management Company to manage your accident compensation claim, look no further. Email us at webenquiries@direct2solicitorsltd.co.uk, call us on 0800 9177456, or get us to call you, using the big blue "Call me back" box at the top right of this page.

Accidents in the workplace

Is your employer geared up to deal with accidents in the workplace?

We all know that accidents can happen - even when the most stringent Heath & Safety laws are followed and dedicated planning to avoid accidents or injuries at work has been undertaken. Therefore, with this in mind it is fair to ask the following question; Is your employer prepared and organised to deal with accidents and injuries in the workplace?

Being prepared

Apart from ensuring that staff are properly trained, properly qualified and that the workplace is as safe as it is possible to make it, employers have various obligations regarding accidents in the workplace. If the worst happens and a worker is injured, then the employer must ensure that the following things are available to staff.

1, A first Aid Kit - Does your employer provide first aid equipment?
2, A designated 'first aider' - Do you know who is trained in your workplace?
3, An accident book - Does your employer provide an accident book where you could record the details of your accident in your words?
4, Training - Does your employer train you in how to deal with the aftermath of an accident?
5, Telephone - Do you have access to a telephone should you need to call the emergency services?

Ensure your safety and that of your colleagues

If you feel that your employer and your place of work places you at a heightened risk of injury, then you are obliged to bring this to your employers attention. You don't have the power or authority to MAKE them do anything about the Health & Safety management at your workplace, but you do have the ability to remind those responsible for it should there be shortcomings. It could be that something that presents a clear danger to workers has not been noticed. If you report it, it may be repaired. If you don't, it may hurt someone. If your employer fails to act on your warnings, you could also go to your local Health & Safety executive office and ask for them to inspect your workplace.
Nearly all employers take the safety of their staff and customers extremely seriously and don't place staff at undue risk of injury. However, there are some firms out there who don't take their legal obligations anything like as seriously as they should. If you work for an employer like that, try doing something about it.

Avoiding Accidents at work

Direct 2 Solicitors hope that we can help people avoid the terrible situation where they are unable to earn an income due to an accident at work. However, if the worst does happen, we are here to help and have an expertise in dealing with accidents in the workplace and assisting clients who have been injured at work.

Making your claim

To make your claim, come to us. Direct 2 Solicitors are approved for Regulated Claims Management Services by the Ministry of Justice (Authorisation CRM 3364), check the regulators web site www.claimsregulation.gov.uk and are also members of the Claims Standards Council. We offer genuine peace of mind, honesty and a friendly caring service.

If you are in need of a reliable and approved Claims Management Company to manage your accident compensation claim, look no further. Email us at webenquiries@direct2solicitorsltd.co.uk, call us on 0800 9177456, or get us to call you, using the big blue "Call me back" box at the top right of this page.

Another claimant helped

Injured at work - another client helped

We have just completed a cracker of a work accident (employment liability) claim. The client came to us having sustained nasty ankle and knee injuries in a fall at his work place. He worked for a leading UK supermarket chain at their distribution depot. The client stated that the lighting was in a terrible state, with numerous bulbs out of action and those that were still working had been knocked around by reversing lorries and didn't light the correct areas. As a conscientious member of staff, he had the foresight to bring this to his employers attention so that they could repair the dodgy lighting and reduce the risk of an accident. Unfortunately, despite this complaint and numerous reminders, no repair work was carried out and sure enough, the client fell heavily whilst working due to the lack of light and sustained nasty injuries keeping him off work, in pain and heavily out of pocket for many months.

Checklist

When the client called us, we thought he had a strong claim. The liability certainly wasn't an issue, so we had to check two key factors. Firstly, we needed to know that the accident was recorded officially. Thankfully, the client was on the ball and had ensured that the correct details of the accident were entered in the employers official accident book. The client even has a copy of this entry. Secondly, we needed to confirm that the client has been treated by a professional qualified medic and that his medical records will confirm this. Again, all was well, as the client had been to A&E before being dealt with in out-patient clinics, seeing his GP and also had undergone a course of physiotherapy. We were only too happy to confirm that this kind of accident claim was exactly what the No Win No Fee system had been set up for and that we were the perfect company for him to place his claim with. Having explained our way of working and discussed the likely process that he would go through in order to get to a point when his claim was settled, the client confirmed that he was happy to go ahead and we completed our claim application file.

No Win No Fee Solicitor - the dream claim

This is the kind of claim that our specialist Personal Injury Panel Solicitors love. It ticks all the boxes. Liability is as solid as a rock, the accident is fully recorded and the client is a reliable and trustworthy individual. Solicitors love the work accident claims as the law is so clear on the responsibilities of employers and employees regarding health and safety in the workplace. In this instance, the employer has clearly failed in their duty of care towards their staff and our client. Our client reported the lighting issue as an accident waiting to happen and then reminded the employer many times. Unfortunately, because they failed to take action and failed to heed their employees warnings, they are now liable for the compensation of our clients losses and injuries.

Have you sustained injuries at work?

Direct 2 Solicitors Ltd have specialist knowledge of handling work accident claims. As a claims Management company, we handle the full spectrum of Personal Injury claims - all on a No Win No Fee basis. If you have had an accident at work, or in any other situation and you feel that someone else is at fault for the state that you are now in, please call us. Our expert knowledge may well be the route to getting you compensated so that your loss of wages gets covered and you are given the financial settlement that reduces the stress placed upon you and your family. We can never re-write history and prevent an accident that has already happened, but we can prevent them happening again. Call us today.

Who you gonna call?

Direct 2 Solicitors are approved for Regulated Claims Management Services by the Ministry of Justice (Authorisation CRM 3364), check the regulators web site www.claimsregulation.gov.uk and are also members of the Claims Standards Council. We offer genuine peace of mind, honesty and a friendly caring service.

If you need of a reliable and approved Claims Management Company to manage your accident compensation claim, look no further. Email us at webenquiries@direct2solicitorsltd.co.uk, call us on 0800 9177456, or get us to call you, using the big blue "Call me back" box at the top right of this page.

Do you know if you are entitled to make a No Win No Fee accident compensation claim?

You have been injured, it was not your fault. But can you claim compensation?

With so many armchair Solicitors and many well meaning, but misinformed people ready to tell everyone what they think they know about making a claim, we find that often the injured party either does not know that they could make a successful claim, or has been informed that they could and should, when they cant! So, to help potential claimants decide if the cause of their injuries will enable you to lodge a claim for Accident Compensation, basic accident claim criteria information is needed (see below).

Remember, there are always exceptions to rules and each accident claim needs to be assessed on its own merits. We advise all persons injured in non fault accidents considering a claim to call us and discuss their accident claim circumstance with our experts. You may think you dont have a claim when you do.

Basic Criteria

Limitation: This is the time frame in which a claimant HAS to register a claim in the courts. An adult (over 21yrs) has 3 years from the date of an accident to ensure a claim is registered. Therefore, if accident injuries were caused 3 or more years ago, the claim is out of limitation and any rights to make a claim become statute barred.

Remember, an Accident Claim Solicitor or Claims Management Company usually require AT LEAST 6 months of a 3 year period remaining so that they can prepare a claim properly (although there are exceptions to this).

Exceptions

Adults have 3 years; children have until their 21^st birthday (or 3 years). CICA claimants (Criminal Injuries) have 2 years (although older claims can be considered) as do MIB claimants (victims of uninsured and untraced drivers).

Liability: For an individual to successfully pursue a No Win No Fee accident compensation claim there needs to be a liable 3^rd party to pursue for the compensation. If the accident was your fault, you have no claim. However, if your injuries arise from an accident at work, a road traffic accident or a slip/fall in a public place, you may be able to claim compensation. It boils down to a duty of care at the feet of the persons, authority or employer who owns or operates the location where you were injured.

Like who?

For example, Council Highways Departments have to monitor, inspect and repair footpaths and roads within a reasonable time frame and ensure that defects of a certain size and of a certain age are removed. If they dont, person injured on a hazardous pathway could make an accident compensation claim. Employers have to provide Health & Safety training and equipment and follow strict laws governing employees safety at work. Failure to do so could result in a serious injury and leave them open to a claim for work accident compensation. Drivers of cars, motorcycles and pushbikes have a responsibility to drive safely and pay attention to road conditions and traffic. If they fail to do so and cause a Road Traffic Accident, an injured person could easily pursue a whiplash claim or similar for their injuries and losses.

Proof: Individuals MUST prove that they were injured and that it was someone else's fault. If they fail to do so, their accident compensation claim will fail. Persons wishing to pursue compensation claims MUST have sought medical treatment either at a Hospital or GP and it MUST be noted on the medical records. Also, the injuries have to be of a certain severity.

How?

As well notes on medical records, injured parties MUST always ensure that accidents at work are recorded in employers official accident books. Injured parties MUST report this themselves, ensuring the record is an accurate report of what happened. A person injured in any public establishment, such as a Hotel, Shop or Restaurant, again must ensure a record is entered in an accident book. Road Traffic accident victims should ensure that their insurers have been informed and if necessary, also inform the Police. Whilst Police cannot always attend an accident, they will make a log of any report and issue an incident reference number.

Now I know. Or do I?!

As stated earlier, each case has to be looked at individually, but the above gives some pointers as to if you could make a claim. Our advice remains the same, contact us for an honest opinion. It is free and you may well be entitled to compensation. We know Accident Compensation wont make the pain go away, but it does help you to get back to where you should have been if you were not injured in the first place. Direct 2 Solicitors Ltd, will know if your claim is worthy of consideration by an expert Personal Injury Solicitor, so to let us discuss your accident and we can then decide if it is in your interests to make a claim for Accident Compensation.

If you are in need of a reliable and approved Claims Management Company to manage your accident compensation claim, look no further. Email us at webenquiries@direct2solicitorsltd.co.uk, call us on 0800 9177456, or get us to call you, using the big blue "Call me back" box on this page.