Personal Injury Blog

Tinnitus is one of the most common symptoms of noise-induced hearing loss and industrial deafness. The condition normally involves a ringing or buzzing noise in one or both ears, though it may refer to any intermittent, recurring or continuous noise, including tunes and songs, that is not caused by external factors. Tinnitus can be extremely debilitating, especially where the noise is continuous and affects both ears. While the condition is usually a result of exposure to loud noise over a period of time, it can also originate from traumatic head injuries, ear infections and diseases, and other factors such as emotional stress.

The majority of tinnitus sufferers begin to notice the condition at night or early in the morning, when it is quiet. Anyone who has experienced a loud concert or nightclub will be familiar with the temporary ringing noise in the ears afterwards. As tinnitus begins to develop, a person will find it increasingly hard to hear what people are saying in busy and noisy situations. They may not hear the doorbell or phone ringing, and will need to raise the volume on their television, speakers or headphones to compensate for their partial hearing loss. Both domestic and work relationships can become strained, as conversations become more difficult to maintain.

>> Read More About Tinnitus & Hearing Loss At Work

To make a successful compensation claim against a current or former employer for work related hearing loss, it will be necessary to prove that tinnitus has had a detrimental impact on a person’s life, and / or caused financial loss. The condition must have been the result of noise in the working environment and the employer’s negligence, normally in failing to provide adequate ear protection equipment, or in failing to properly train staff in how to deal with noise in the workplace. Employers should risk assess general working conditions and specific tasks to ensure workers are not exposed to dangerous noise levels.

The two most important (and detailed) pieces of legislation concerning noise in the workplace are The Control of Noise at Work Regulations 2005 and The Noise at Work Regulations 1989. Providing workers with legal rights to claim compensation from current and former employers, if they have developed tinnitus as a result of working conditions. Bartletts are specialist hearing loss and tinnitus solicitors, with over 150 years of experience, and a reputation for helping clients nationwide gain the maximum amount of compensation for all types of work related hearing loss. Contact us today for free, confidential legal advice.

>> Find Out More About Industrial Deafness Claims

Recent Case Studies:

Compensation For Hearing Loss From Knitting Machines

Compensation For Tunneller Who Lost His Hearing

Compensation For BT Engineer With Damaged Hearing

Compensation For Worker Exposed To Noisy Workplace

It is no wonder that more accidents occur during bad weather/wintery conditions. Although accidents will happen it is very important to take as many steps as possible to reduce the risk and any subsequent injury. In extreme conditions it is advisable to avoid all but necessary journeys. The following checklist is by no means exhaustive but will help to reduce the likelihood of any accident:-

Tyres

Make sure to regularly check the tread depth of your tyres and replace them when they are worn. This will guarantee maximum traction and grip. Change your tyres before your tread depth is worn to 1.6mm (the legal limit in the UK) Your safety and mobility depend on a good level of tread depth because the tread grooves disperse water from underneath your tyre, helping maintain control; The more tread depth you have remaining on your tyres the more water they can disperse, reducing the risk of aquaplaning; correct air pressure, as well as regular vehicle maintenance, will ensure your tyres perform at their best for the longest possible time.

Correct tyre pressure reduces the risk of losing control of your vehicle. It also protects your tyres from premature wear and irreversible damage to the internal construction. Check the pressure of your tyres, including your spare, monthly and before any long journey, preferably when your tyres are cold. It is important to check the pressure once a month, because under or over inflation can reduce the life of your tyres, affect their performance and increase the risk of damage. Keeping tyres at the correct pressure can also save you money on fuel!

The recommended tyre pressure can be found in the user manual of your vehicle or on a label on the door or door frame of the vehicle or on the inside of the fuel flap. The recommended tyre pressure is not located on the tyre. The inflation pressure shown on the tyre sidewall is the maximum tyre inflation pressure.
Balance and wheel alignment must also be checked.

Fluids

Windscreen washer fluid is held in a reservoir under the bonnet that is usually very easy to get to. If you live in a mild climate you may fill the reservoir with water and a little mild dishwashing detergent. However, if you live in a cold climate, water may freeze and burst the container, so be sure to use a windscreen washer solvent instead. The same goes for your radiator, use a quality antifreeze mixed with water and use an antifreeze tester to make sure the mixture will hold to the lowest temperature possible for your area.

Oil should be changed frequently and power steering, brake, radiator and battery fluids also should be filled to recommended levels.

Windscreen Care

It is very tempting to ignore a small crack in your windscreen especially when it is outside of the driver’s field of vision. What can often start of as a small crack can quite easily develop into a bigger crack in very cold weather which may result in the windscreen having to be replaced. A small crack is relatively inexpensive to repair and is even covered free of charge on some insurance policies.

Windscreens should be completely cleared of ice/snow, front and back. All too often a minority of drivers will deice a small area of their windscreen just big enough to see out of which is a dangerous practice to be avoided.

Wipers

Wipers should be checked to ensure that there are no splits. If so, replace at the earliest opportunity.

>> Find Out More About Our No Win No Fee Compensation Service

Valentine’s Day Hazards

Valentine’s Day is nearly upon us and many couples will no doubt be heading out for a night of romance and unaware of hazards which we may encounter as a result. Below are just a few examples.

Flowers

If you are planning on buying some flowers for your loved one from your local florist or supermarket be mindful of slippery wet floors.

Mr Thompson attended a large supermarket to buy a bunch of flowers when he slipped and fell on water which had leaked from one of the buckets. It was discovered that the bucket had a hole in it. Mr Thompson sustained a back injury as a result and Bartletts Solicitors successfully pursued a claim against the supermarket in accordance with the Occupier’s Liability Act 1957. Mr Thompson received the sum of £3,500 and his legal fees were paid for him by the other side meaning that he received 100% of his compensation.

>> Find Out More About Supermarket Accidents

Fine Dining

Most couples will be planning on attending their favourite restaurant for a candle lit dinner but no matter how upscale the establishment accidents can still happen.

Ms Lloyd attended a well known restaurant chain and sustained injury when her chair suddenly, and without warning, collapsed under her causing her to fall to the floor. Bartletts Solicitors argued that the chair was defective and dangerous for the purpose of use and the restaurant’s insurers admitted liability for the accident. Ms Lloyd received compensation for her injury together with the cost of private physiotherapy treatment.

Food poisoning is another hazard to avoid but if you are unfortunate enough to suffer with this we can help you claim back the compensation you deserve. There are numerous causes of bacterial food poisoning; however the most common is through improperly cooked, prepared or handled food. Bacterial food poisoning can cause the sufferer to become extremely ill or, in severe cases, can even be fatal.

>> Find Out More About Accidents In Restaurants

Dancing

If your loved one if taking you for a night dancing keep an eye out for slippery floors, tripping hazards and defective flooring.

We have dealt with many claims where people have been the victim of slippery floors caused by spilt drinks. Tripping accidents have also occurred as a result of defective carpeting or broken glass or bottles which have been left lying on the floor.

Section 2 of the Occupier’s Liability Act 1957 clearly states that “The common duty of care is a duty to take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purpose for which he is invited or permitted to be there”.

You should be able to claim personal injury compensation if you can prove that:-

If are unlucky enough to be involved in an accident this Valentine’s Day please call Bartletts Solicitors who will be able to help you obtain 100% of your compensation without any cost to yourself.

>> Our No Win No Fee Contract Covers Valentine’s Day Accidents

Ice skating is going through a surge in popularity in Britain at the moment, due in large part to the success of the ITV programme, Dancing on Ice. During the winter months, temporary open air ice skating rinks spring up in city centres across the country, and are visited by thousands of skaters. Studies carried out by the British Medical Journal at local hospital casualty departments show that the opening of a temporary ice rink leads directly to a significant rise in emergency admissions. Accidents at ice rinks usually involve slips, trips, falls and collisions. The most common resulting injuries include broken and dislocated bones, cuts, bruising and concussion.

As open air ice rinks are essentially commercial premises, the owners owe a duty of care to their visitors, and must take all reasonable measures to prevent accidents and injuries occurring. In the case of ice rinks these responsibilities are particularly onerous. Ice skating could be said to be an inherently dangerous activity, and ice rinks attract skaters of all different ages and skill levels. The majority of injuries are self-inflicted, caused by skaters losing balance of their own accord, and falling on the ice. In other situations however accidents may be the fault of ice marshals charged with supervising the skating, or the owners of the ice rink.

Supervision is of primary importance at ice rinks. There should never be too many skaters on the ice at any one time. The UK’s National Ice Skate Association sets a maximum of 1 skater per 3 square metres of rink floor. Marshals and other staff at ice rinks should also monitor the behaviour of skaters. Excessive speed can cause accidents, as can dangerous behaviour, such as groups of skaters forming long chains or trains. Skaters who are intoxicated are likely to pose a risk to others, as are those who wear incorrect clothing, such as hoods, which prevent them from seeing other skaters, or those who take bags and rucksacks onto the ice. Medical staff and first aid facilities must be available to handle injured skaters, as injures can be significantly worse in the long-term if they are left untreated for any length of time.

The other main area of responsibility for the owners and operators of temporary ice rinks is proper maintenance of their premises and equipment. Skates may be defective, and if a buckle breaks for example, while a person is skating at speed, they are very likely to have an accident, injuring themselves and possibly others. It is important that the ice itself is cleaned at regular intervals, to ensure that surface imperfections do not present a hazard to skaters. We have recently handled cases on behalf of clients injured at temporary ice skating rinks through no fault of their own. Contact us today for free legal advice if you have been involved in an accident at an open air ice rink.

>> Our No Win No Fee Contract Covers Ice Skating Accidents

>> Read More About Claiming Compensation For Accidents On Ice

The winter having finally arrived with a vengeance in many parts of Britain, it is essential that all companies consider the threats posed by weather conditions in outdoor areas on their property. High wind can cause tiles to fly from roofs, while rain and sleet may swiftly turn into hazardous patches of ice if the temperature drops a few more degrees.

Health and safety procedures at work need to be particularly observed in such conditions. Commercial premises such as shops and supermarkets must also take the necessary measures to ensure that their premises are safe for visitors, including making sure that all buildings are in state of good repair, and that outdoor areas are kept free from hazards, mainly ice, snow, broken tiles and other debris blown in by the wind.

Employers and commercial organisations are legally responsible for the maintenance of their premises, and must maintain their property, including buildings, roofs and outdoor surfaces in a state of good repair at all times. In freezing conditions companies are expected to take precipitate action to protect their workers and visitors from the risk of getting injured.

>> Read About Our No Win No Fee Agreements

Employers, owners and occupiers of public premises must be aware of both current and predicted weather conditions, and are legally obliged to take adequate measures to deal with hazards posed by strong winds, ice and snow. This includes having sufficient supplies on grit on hand to deal with ice on company property, and most importantly, supervising properly, to ensure grit or salt is used promptly and effectively as the conditions demand.

We previously handled a case on behalf of a client who slipped in his company car park and broke his ankle, causing months of pain, inconvenience and loss of mobility. We were eventually able to show that he had slipped on ice that had formed from water leaking from a drainage pipe. The pipe itself was cracked, and this had caused the water to flow down from it into a section of the office car park.

In this instance, the employer should have had the pipe fixed previously, as it was reasonably foreseeable, given the sub-zero temperatures and leaking water, that it would cause an accident. A few months later our client received a cheque for £5,500 in personal injury compensation.

If you have been injured on a company’s premises it is important to seek legal advice to determine your rights. Contact our specialist team of solicitors today for a free no obligation consultation.

>> Read More About Claiming Compensation For Slipping On Ice

How Will Suing My Employer Impact My Relations At Work?

Many employees face a difficult dilemma if they have been injured at work and believe that the accident was the fault of their employer. If a worker is forced to take a period of time off work due to an injury, they may be unpaid during that period, and may also face costly medical bills. This is apart from the pain and suffering they will have experienced.

The question an injured person will ask themselves, is whether suing their employer will impact on their working relationship and job security. The answer depends on the specific circumstances of an injured worker’s case, though an employer would face a claim for unfair dismissal, were they to sack an employee without justifiable grounds to do so.

At first glance it would seem that the employer-employee relationship will be irreparably damaged in practical terms, by the prospect of the two parties contesting a court case. In reality however, the vast majority of claims are settled through negotiation before they reach the court stage.

Employers are obliged by law, under the Employers Liability (Compulsory Insurance) Act 1969, to hold employers’ liability insurance, covering them in event of a successful personal injury claim brought against them by an injured worker. When a claim is successful, and a settlement to a dispute is agreed, compensation will be paid out under the terms of the employer’s insurance policy.

There is normally no direct financial loss to the employer therefore, and this helps to reduce the bitterness of the affair for both parties.

In most cases, the facts surrounding an accident at work, and where responsibility for the incident lies, is relatively easy to establish. Once a negotiated settlement is reached between the two parties to a claim, it is possible for the employer-employee relationship to continue as before. Workplace safety will often have been improved due to the failings exposed by an injured worker’s compensation claim, which may therefore ultimately seem to have been beneficial to both parties.

Apart from the fact that employees are protected from dismissal without valid reason by employment legislation, there is no reason why working relationships will be damaged or destroyed by a contested personal injury claim. Each case is unique, and injured workers should seek free specialist legal advice to determine what effect making a claim may have on their working life and future prospects.

>> Read About Our No Win No Fee Agreements Covering Accidents At Work

Recent Case Studies:

Worker Sued Employer After Fall From Defective Step Stool

Compensation For Personal Injuries Caused By Strong Winds

Statistics show that the roofs of over a million UK homeowners are damaged by high winds every year, and the last few days will have already seen tens of millions of tiles dislodged from roofs across the country. With very strong winds from the Atlantic set to continue, it is worth looking at the question of who is responsible for people getting injured, and property being damaged, by falling and flying tiles. Tiles come in all shapes and sizes; they may be made of ceramic, terra cotta or cement, and are often weighty, sharp-edged objects, potentially capable of causing serious injury on impact.

Commercial organisations, including shops, restaurants and hotels, have a legal duty to ensure that their premises are reasonably safe for visitors, and that all fixtures on the property, including roofs, are properly maintained. Private companies must hold public liability insurance, to indemnify them in the event of a visitor to their property getting injured. Were a tile to fall from a roof in a pub beer garden for example, striking a customer on the head and injuring them, the pub’s owner or occupier would be liable, and compensation would ultimately be paid out under the terms of their public liability insurance policy.

When a tile falls from a private property, causing injury or property damage, the person or people responsible for the maintenance of the property will be consequently liable, and it will be possible to claim damages from their insurers. They will normally be covered as part of a home or property owner’s insurance policy, that includes public liability, held by the owner-occupier or landlord of a property. Otherwise a housing association or local council may be responsible for housing disrepair and poor maintenance, which has directly lead to tiles falling from roofs, causing injury or property damage. In these circumstances it will also be possible to make a compensation claim against these bodies.

Our specialist personal injury solicitors have dealt with a number of cases over the years, on behalf of clients injured by falling tiles during windy conditions. Occasionally insurance companies may dispute a claim for damages, on the basis that it is impossible to protect against very strong winds, or else they may seek to blame a third party for the accident. For these reasons it is important to seek advice from solicitors such as ourselves, with the necessary expertise and experience in both personal injury and property related legal matters.

Recent Case Studies:

Injured By Sign Blown Down In The Wind

Who Should You Seek Compensation From For Slipping On Ice?

At this time of year, freezing conditions begin to pose a challenge and a hazard to millions of drivers and pedestrians across the country. Ice and snow usually plays havoc with Britain’s transport network, making commuters’ lives a misery, and forcing many to walk to and from work in treacherous conditions. During the winter months, tens of thousands of people are admitted to hospital with injuries after slips on ice, many of which are sprains and fractures to the ankles and wrists. Dislocated and broken fingers, as well has head injuries and concussion are also common.

Following heavy snowfall or a severe frost, schools are often forced to close, as they simply do not have the resources to guarantee the safety of their teachers and pupils. Local councils and local authorities try their best to mitigate the worst of the conditions, yet, as the law recognises, lack the resources to be able to ensure public areas, such as roads and pavements, are kept free from ice and snow at all times. Homeowners face often contradictory responsibilities in keeping their property clear of ice and snow. Courts take a realistic, balanced view when assessing responsibility for accidents in public places and on private property caused by ice and snow, and in most circumstances will side with the local authority or homeowner.

The situation is very different with regard to workplaces and commercial premises, such as shops and supermarkets. The law imposes a higher duty of care on employers and owners / occupiers of commercial premises, who are obliged to take all reasonable measures to protect their lawful visitors from the risk of injury while on their property. In freezing conditions, their responsibilities include ensuring they have adequate amounts of salt or grit available to treat outdoor areas. They must also monitor weather conditions, and act promptly to clear ice and snow before it can pose a hazard. Outdoor areas should be treated with salt or grit before a working or commercial premises opens to visitors. There should also be regular inspections carried out throughout the day, to maintain outdoor surfaces in as safe a state as possible.

The most important areas for employers and owners / occupiers to concentrate on, are car parks, vehicle and pedestrian traffic routes, and entrances to indoor areas. Vehicles may slide on patches of ice, colliding with parked or moving vehicles, or with pedestrians. Snow may also be trampled indoors by visitors, and may form dangerous pools of water near entrances and exits. Premises which are open until late at night, or from early in the morning, face a particular challenge in dealing with freezing conditions, as temperatures will be lowest at these times. The test for establishing whether an employer or owner / occupier is liable for a person’s injury following a slip on ice, will be whether the accident was reasonably foreseeable in all the circumstances. Thousands of injured people are able to successfully claim compensation on this basis every year.

>> Read More About Claiming Compensation For Slipping On Ice

Office Christmas parties can be wild affairs, with employees encouraged to let off steam and wind down the year partying with their colleagues. Casualty departments at hospitals are filled to capacity over the festive period, with a constant stream of alcohol-related injury admissions. Many of these patients will have started drinking at their work Christmas party, and continued elsewhere. In some cases however, employees will be injured through no fault of their own while attending the office Christmas party. The actions of a co-worker, or lack of supervision or planning of the event on the part of management, may both be grounds for a successful personal injury compensation claim.

Wherever an office Christmas party takes place, the employer is still responsible for the health and safety of their workers, who, by attending, are acting in the course of their employment. This means that the behaviour of workers must be monitored to some extent, and dangerous activities, dancing on tables for example, actively discouraged. From a legal point of view it is reasonably foreseeable that a person dancing on a table, desk or chair, after consuming a considerable amount of alcohol, will fall off it and injure themselves and / or others. Spilled drinks, broken glass and poor lighting may all create hazards for those attending the party, and it is ultimately the responsibility of management to ensure that they don’t.

The drunken antics of work colleagues may be the cause of others getting injured at the office Christmas party. The employer can be held liable for the actions of individual workers during the course of their employment. This is known as vicarious liability, and in effect means that employers and management need to ensure the no individual or group’s behaviour gets out of hand, to the extent that it is recklessly endangering others. Excessive alcohol consumption should not be encouraged or permitted, given the likelihood that it will lead to problems. Office parties are a great chance to let your hair down and have fun, however it is important to remember you are still in your usual working environment. and the same rules concerning workplace safety do still apply!

>> Find Out About Our No Win No Fee Service

Slipping On Ice In A Car Park

It was on this day a year ago that we were waking up snow. The winter weather of snow and ice will soon be upon us but we still need to carry on with our day to day activities.

Sometimes you may find yourself on someone else’s premises where the presence of snow and ice is a slipping hazard and should have should have been preventing from forming, for example the area should have been gritted or should have been removed, for example the snow should have been shovelled away.

As a visitor to a public place a duty of care is owed to you under the Occupiers Liability Act 1957. The duty owed is “… to take such care as in all circumstances of the case is reasonable to see that the visitor is reasonably safe in using the premises for the purposes for which he is invited or permitted by the occupier to be there”.

Bartletts Solicitors acted for a lady who was collecting a parcel from a Royal Mail collection depot. She had collected the parcel and was walking across the car park back to her car when she slipped on ice. There was no evidence that the area had been gritted. She fell onto her left side and as a result injured her left elbow. She was absent from work for a few days.

The Defendant’s insurers admitted liability straight away. She received £3000.00 in compensation.

If you have injured yourself as a result of slipping on snow or ice in the car park of a retailer, supermarket, or some other public place please fell free to contact us to find out if we can bring a claim for compensation on your behalf.

>> Read More About Claiming Compensation For Slipping On Ice