Injury at work

Claims for injury at work can involve a huge array of different circumstances, starting from office based conditions such as Repetitive Strain Syndrome through to catastrophic falls from heights and accidents which are sometimes categorised as industrial accidents.

Injury at work claims are also often quite complex legally, since there is a significant overlap often between common law negligence claims, which are the essence of all personal injury claims, and statutory regulations such as Manual Handling Regulations, Health & Safety legislation and so on.

It is clear in law that an employer will owe an employee a duty of care to provide a safe workplace and this will generally start with proportionate and necessary training and equipment. If you work for a small employer, whilst the duty is still there for that employer, if a claim ever reaches court, the court will take into account, in perhaps less obviously dangerous situations such as office injuries rather than an injury at work when someone is working from height, the resources of that employer being less than with a very big company.

Injury at work claims also present difficulties in that employees are often worried about making a claim due to the possible implications on their employment status or relationship with the employer. Whilst this is a wholly understandable concern, in reality, employers are required to maintain employer liability insurance which will, subject to an excess, cover claims and an employer would be very poorly advised to dismiss or act in a detrimental way to an employee who suffers an injury at work. That said, there are still such employers out there, and it can be helpful to instruct solicitors who are not only experts in personal injury but also have an employment law team. An example of a niche practice which specialises in personal injury and employment law is Waring Solicitors, so if you have an injury at work, you may want to get in touch with them.

 

 

Self inflicted injuries

Self inflicted injuries

The vast majority of personal injury claims which are made involve claims where the defendant is insured, since the first rule of any prospective legal action is to only sue or threaten to sue a defendant that has the ability to pay a damages claim and costs. So, personal injury claims involving one individual against another are correspondingly quite rare.

It is also self evidently the case that injury claims can only succeed where there is a duty of care owed by an individual or organization to the victim and where there is negligence. Accidents caused by self inflicted action such as excessive drinking or such like would not make for likely successful injury claims. Nonetheless, research carried out by Firts4lawyers, a well known personal injury company, does make for some quite interesting reading, so here are the headline findings from that research :-

  • Around 1 in 3 people surveyed acknowledged that they have injured themselves on a night out
  • Some  70% of injuries were due to excess alcohol.
  • The most common injury is due to a fall
  • With men, nearly 20% of injuries are caused by fights, with women there is a higher proportion due to falling over, probably due to wearing high heels
  • Other reported causes of injuries are broken glass and attempting to jump over barriers
  • Most injuries occur in the age range of 18-34