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Category: Workplace Accidents Advice

  • 10 Most Common Workplace Accidents And How to Avoid Them

    Workplace safety is a legal and moral obligation, but accidents at work still happen every day across the UK. Employers are required by law to provide a safe environment without risk to health for their employees. From construction sites to office environments, employees in all sectors can face risks that lead to injury. At Accident Solicitors Direct, we often assist individuals who have had a workplace injury and need support claiming compensation.

    In this article, we explore the 10 most common work accidents, why they occur, and what you can do if you’ve been affected.

    Why Knowing the Most Common Workplace Accidents Matters

    Understanding the most frequent types of workplace accidents helps both employees and employers take preventative steps. It also helps injured workers identify if they may be entitled to compensation, particularly if the accident happened due to poor training, unsafe conditions, or employer negligence.

    1. Slips, Trips and Falls

    Slips and trips are the most common workplace accidents reported in the UK. Wet floors, uneven surfaces, loose cables, or poor lighting can all lead to falls, causing anything from sprained ankles to serious head injuries.

    Prevent it: Keep walkways clear, use proper signage for wet floors, and wear appropriate footwear.

    2. Manual Handling Injuries

    Improper lifting techniques, heavy loads, or lack of training often lead to back injuries, hernias, and muscle strains.

    Prevent it: Employers must provide manual handling training and suitable lifting aids when needed.

    3. Falls from Height

    This is a leading cause of fatal work accidents, particularly in construction and maintenance roles. Falling from ladders, scaffolding, or rooftops can have life-changing consequences.

    Prevent it: Always use secure platforms, safety harnesses, and follow proper working-at-height procedures.

    4. Being Hit by Falling Objects

    Whether it’s a tool dropped from above or items falling from a shelf, these incidents can cause serious injuries to the head, neck, or shoulders.

    Prevent it: Use safety helmets in hazardous areas and ensure all storage is secure and stable.

    5. Workplace Vehicle Accidents

    Forklifts, lorries, and delivery vans pose a significant risk in industrial and warehouse settings. Accidents often result from poor visibility, lack of training, or pedestrian-vehicle interaction.

    Prevent it: Implement clear vehicle routes and ensure all operators are properly trained and certified.

    6. Machinery Accidents

    Heavy machinery can cause crushing, laceration, or amputation injuries. These are often due to a lack of guards or improper training. Common workplace machinery accidents include those caused by angle grinders, construction tools, and industry specific machinery.

    Prevent it: Always follow lockout/tagout procedures and never remove safety guards.

    7. Electric Shocks and Burns

    Electrical accidents at work range from minor shocks to fatal incidents. These can result from faulty wiring, exposed cables, or poor maintenance.

    Prevent it: Only qualified staff should handle electrical systems, and regular safety inspections must be carried out.

    8. Cuts and Lacerations

    Knives, saws, and sharp tools can lead to deep cuts, especially in food preparation, carpentry, or packaging environments.

    Prevent it: Use the correct safety gear (like cut-resistant gloves) and ensure tools are well-maintained.

    9. Exposure to Harmful Substances

    Employees in cleaning, manufacturing, or healthcare sectors often come into contact with hazardous chemicals. Poor ventilation or a lack of PPE can lead to burns, respiratory issues, or skin conditions.

    Prevent it: Ensure all COSHH (Control of Substances Hazardous to Health) regulations are followed and PPE is provided.

    10. Fire and Explosion Accidents

    Fires or explosions, though less common, are some of the most dangerous workplace incidents. They often occur due to flammable materials, gas leaks, or electrical faults.

    Prevent it: Conduct regular fire risk assessments and provide fire safety training and extinguishers.

    How to Prevent Common Work Accidents

    Preventing workplace accidents starts with proper training and regular risk assessments. Employers must provide the right PPE, maintain equipment, and ensure a safe, clutter-free environment. Clear signage and a strong health and safety culture also play a key role in reducing risk. Encouraging staff to report hazards early helps stop accidents before they happen.


    Good housekeeping, like keeping walkways clear and spills cleaned promptly, significantly lowers the risk of slips and trips. Regular maintenance checks on machinery and tools can catch faults before they become dangerous. Above all, fostering open communication between employers and employees is essential for identifying and addressing potential dangers.

    What to Do if You’ve Been Injured at Work

    If you’ve experienced one of these common work accidents listed above, you may be entitled to compensation—especially if your employer failed in their duty of care.

    Steps to Take After a Workplace Accident:

    1. Report the accident – Log the incident in your company’s accident book.
    2. Seek medical attention – Visit your GP or A&E, even for minor injuries.
    3. Gather evidence – Take photos, get witness details, and keep a record of any expenses.
    4. Contact a solicitor – Get expert legal advice from an ASD that specialises in work accident claims.

    Talk to Us Today

    Workplace accidents can happen in any industry. If you’ve experienced a work accident, get in touch with us to find out how we can help.

    If you’ve had a workplace accident from manual handling, a fall from height, poor PPE you can make a claim with our help. 

    For advice related to the value of your claim please call 0114 2678780.  You can also mail Richard Meggitt at [email protected], or complete our online form today.

  • TRIPS AND SLIPS AT WORK

    Slips are the most common cause of accident at work, injury and claim in most sectors. More than 300,000 people a year go to A&E after a slip. One of the leading UK insurers spent nearly 80 million a year paying out claims resulting from trips and slips. Yet this number could be much, much higher. Claims that could be successful are being rejected and money for claimants is being left on the table because of the wrong approach by some Solicitors to making this type of claim. You can also read our step-by-step guide on how to make a work accident claim if you have been injured at work.

    In conversations with corporates and defendant lawyers, defensibility rates typically range from 40 to 70%. There is huge room for improvement.

    The Hardening insurance market and the effect of the pandemic are placing risk management even higher up on boards ‘to-do-lists. As corporates and other organisations seeking to defend claims up their game, the old ways of seeking to win these claims are no longer the best ways.

    Questions such as ‘Was there a yellow sign?’, ‘Can I see the cleaning records?’, ‘Are there any gaps in witness statements?’ will continue to win a certain proportion of claims. But diving a level deeper will uncover all sorts of failings that will not meet the test of reasonable practicality.

    The ‘CHIMES’ technique

    Christian Harris is the founder of Slip Safety Services and in his 10 plus years in the field of slip safety, more than 50% of floors I have reviewed have failed to meet the HSE benchmark for slip resistance.

    ‘CHIMES’ is an acronym that I have developed for the six causes of slips:

    • Contamination
    • Heel
    • Individual
    • Maintenance
    • Environment
    • Surface

    This is a roadmap for reducing the risk of slips in your building. Typically, our clients see at least 50% fewer accidents after using this model. Yet, I would estimate that over 80% of buildings have not done anywhere near well enough at tuning their chimes.

    This is your opportunity. If you can focus your claims on evidence of compliance in these six areas, you will suddenly have a much broader and more detailed platform to convince a court to find in favour of your client.

    Some starting points

    Let’s dive in to ‘chimes’ and give you some tips and resources to use:

    Contamination: If a floor is clean and dry, a slip will not occur. How well is the defendant managing contamination on its floors?

    Some points to consider:

    • Contamination can often be invisible to the naked eye. The floor may appear aesthetically clean yet be ingrained with invisible contamination. It is possible to scientifically test this. Quantifiable evidence is always more powerful than ‘I thought it was clean’.
    • Building owners should recognise that, even if a floor is clean and kept dry, contamination can be brought in on clothing or on people’s feet.
    • Many cleaning regimes are too generalist. You cannot use the same chemical to clean the kitchen floor, as you do around a swimming pool. Water-only cleaning regimes are increasingly popular for environmental reasons. Manufacturers of machinery sell these as effective but in my experience they simply are no, if put under any rigour.

    Top tip: use hygiene testing to prove whether a floor is truly clean or not.

    Heel: Without the foot striking a floor, there is no slip. To what extent can footwear be controlled.

    There is a clear distinction here between employers’ and public liability cases.

    • If you are dealing with a staff accident, it is certainly feasible for footwear to be controlled. But most ‘safety footwear’ is not actually ani slip. The EN standard for safety footwear is akin to an 11 plus; what HSE expects is a PhD. HSE does have its own footwear slip resistance testing scheme called GRIP. I suggest you seek to understand if staff footwear has got a grip rating, and if not, that is a huge area of weakness.
    • For public liability claims, clearly, it is not possible for a building owner to control what is worn on a customers’ feet. However, an often-cited defence is a claimant’s choice of footwear. ‘Of course she slipped, she was wearing high heels. From a risk assessment basis, the defendant has an obligation to make their building sufficiently safe for its foreseeable users. Is it foreseeable that a lady will wear high heels in a pub? Yes. In which case the environment should be safe enough that she can do so without risk of injury.

    Top tip: In EL cases check if footwear provided has a GRIP rating.

    Individual: we all have different needs for slip safety, and different abilities to stop ourselves from slipping. What is the defendant doing to help or hinder this?

    • Signage is often cited by defendants, but in my experience, signage is almost universally used inappropriately and ineffectively. If you know your floor is slippery when wet, putting a sign up to warn people about that is not sufficient. It is reasonable to have a floor that is safe-when-wet, or to ensure that the floor is kept dry and free of contamination.
    • We require more friction if we are pushing, pulling, twisting, urning or carrying items. A diligent, conscientious employer would seek to mitigate these types of activities as much as possible in environments where slips can be likely, such as kitchens maintenance.

    Top tip: look into the detail of signage. There is a huge difference between ‘caution cleaning in progress’ while cleaning is being done and ‘caution, slippery when wet’ when a floor Is wet in a washroom, for example, which is a foreseeably wet environment.

    Maintenance: floors can and do change over time. How is this being monitored and managed?

    • Floors’ slip resistance will change due to wear. A textured floor could have been anti-slip out of the box but has worn smooth. It may still ‘look’ anti-slip, but not have its anti-slip, but not have its anti-slip properties any longer.
    • Ineffective cleaning causes around 33% of slip accidents according to a US study. The act of cleaning introduces risk as floors are made wet. But the bigger issue is that ineffective cleaning allows layers of residue to build-up on a surface producing a greasy barrier between the heel and the floor. An anti-slip floor badly cleaned will become a slippery-when-wet floor within days. It is surely reasonable for cleaning, which is defined as ‘the removing of soiling from a surface’, to be effective at removing soiling form a surface?

    Top tip: scientifically assess if cleaning regimes are effective, and also use slip testing to check for wear.

    Environment: things around us can affect our ability to walk without a slip. Are these being considered and controlled?

    • Steps and stairs are a huge are of risk for falls though a debate rages as to whether you can actually slip on stairs or not. We have prepared a guide around this question that can be found here: https://slipsafety.co.uk/can-you-slip-on-stairs/.
    • Slopes increase our requirement for friction quite significantly. An inclinometer should be used to check if floors are flat or sloped. If sloped, it is reasonable to take greater steps to minimise risk in other ways.
    • Entrances to buildings are a common area of accidents. Matting is very common control measure. However, the vast majority of matting is totally inadequate in terms of its depth. For a peak traffic rate of 800 people per hour, HSE expects at least 8m of built-in matting. Most buildings have 1m or less.

    Top tip: measure entrance matting depth. It is likely to be insufficient.

    Surface: the floor is relevant in every single slip. Are floors safe enough when wet?

    • In its criminal investigations and expert work, the HSE will inevitably do a slip test. For this, pendulum test is used. This gives a Pendulum Test Value. A PTV on 0 – 24 is high; 25 – 35 is moderate; and 36+ is low.

    Floors need to be safe in the intended end use. Safe in the context of PTV is 36+. The question therefore is how foreseeable is it that a floor is wet or contaminated? Very, very few buildings have had a pendulum test done, and even fewer have them done within a timely enough period (typically annually) for the evidence of the test to carry sufficient weight.

    • You sometimes see defendants relying on other types of slip test. This should not be accepted: HSE only recognises the pendulum test.

    Top tip: most floors are very likely to fail a pendulum slip test.

    Do you need this?

    No doubt you have done more of these slip claims than most people have had hot dinners. But the above should give you some food for thought. Deniability rates are still high, irrespective of the huge gaps in CHIMES left by defendants, so a more focused and structed approach will pay dividends.

    A real-life example

    One of the most high-profile slip accident cases in recent years was the death of a gentleman in a CO-OP store in Truro (I acted on this case). This led to a civil claim but also a criminal £400,000 fine.

    Summing up, Cornwall council said:

    ‘This case demonstrated the importance of slip risks being adequately controlled. It should serve a warning… that signage alone is not an adequate control. Proactive measures must be taken to either prevent floors becoming slippery or precluding public access.’

    But the reality is people simply do not do this. Yet, if you as the claimant solicitor do not ask the right probing questions, you will not be able to use this information to your clients’ advantage.

    Slips are overlooked by the majority of organisations. The perception is:

    • They are not too important.
    • They are not overly expensive.
    • We have insurance to cover them.

    Insurers look at this very differently, because the £10,000 average claim multiplied by hundreds or thousands of cases adds up to very significant sums of money. And the insurers are seeking to drive these kinds of improvements within their client base, but it is happening only slowly.

    In conclusion, there is a good opportunity to take advantage of this information over the months and likely years to come.

    Tune your CHIMES to increase the success of your clients’ cases.

    If you have suffered a fall at work resulting injury please and you want to make an accident at work claim, call on 0114 2678780, email Richard Meggitt at [email protected], or fill out our form today.

  • The Bereavement Award

    What is it?

    In the event of a fatal accident family members and the deceased’s estate may be able to make a claim for financial losses from the insurers for the person or company which caused the accident.

    One such head of claim is the Bereavement Payment.

    Who is entitled?

    There are only a limited class of people who can claim the payment, they are as follows:-

    • Surviving spouse;
    • Surviving civil partner;
    • Parents (if child was under 18);
    • A cohabiting partner who was living in the household immediately before the date of the death of the deceased and had been living in that household for at least 2 years.

    How Much?

    The value of this claim has recently been increased to the sum of £15,120. No amount of money will ever make up for the loss of a loved one, however the sum of £15,120 is very low when compared to other Western countries.

    There are many other heads of claim which can be brought both by the estate of the deceased and the dependents, including, but not limited to, recovering the cost of the funeral, general damages for the pain the deceased may have endured, loss of dependency claims for the spouse and children in terms of loss of income and other non-financial support such as care and DIY.

    If you would like to discuss a fatal accident compensation claim please contact Richard Long, Solicitor, ASD Solicitors, Sheffield, who has more than 35 years’ experience in dealing with these types of claims.

  • Breaking Bones

    Breaking Bones

    This article on the basic principles of anatomy and physiology aims to provide insight into medical notes, medical report writing and questions to medical practitioners.

    Fractures to limbs

    Limb fractures are a common form of injury. They are often associated with those mechanisms of injury seen in personal injury claims. Road traffic accidents (RTAs) account for a significant part of personal injury practice, and the forces at work in high-speed collisions are sufficient to cause fractures within the long bones.

    The upper limb comprises three long bones: the humerus in the upper arm, which articulates with the radius and the ulna.

    Types of fracture

    The way a long bone fractures depends on how the injurious force is applied to it. Therefore, the twisting motion within a ski boot may result in a spiral fracture of the tibia.

    Spiral fractures in the upper limb bones are less common. In children, there is a well-documented association between the development of spiral fractures and deliberate harm.

    The way a fracture is identified will relate to its position, which can be head, mid-shaft or distal (the furthest point of the bone from the centre of the body). It will also depend on how the fracture appears when seen by the clinician and on x-ray.

    Humerus, radius and ulna

    The humerus, being the largest of the upper limb bones, has several muscular attachments, needed to produce the complex range of movements at the shoulder and the elbow. The bone is widest at its two ends and has a waist. Fractures caused by trauma to the humerus can occur at the upper end (the head of the humerus) or just below it (the neck of the humerus).

    The long bones of the upper limb all have a hard outer layer with a honeycomb-like core. In adulthood, blood-cell production from the bone marrow largely retreats to the spine, the ribs and the sternum. The material within the core in adults is a more fatty substance, and can be associated with significant complications in fractures of long bones (primarily within the leg).

    The radius and ulna provide the structural support for the flexion and extension of the muscles of the wrist and fingers. Fractures of the radius and ulna are usually encountered in the extremes of life. Both are associated with falls on the outstretched hand. In the young, this tends to give rise to a ‘greenstick’ fracture, while in the elderly the fracture tends to be a displaced fracture of the radius at the wrist joint. The most common of such fractures is the Colles’ fracture, which is a frequent injury in the winter months, particularly for the elderly and those with osteoporosis.

    Femur, tibia and fibula

    The femur can be injured at any age. However, with the exception of the elderly and where there is an underlying illness, the femur is sufficiently large to mean that considerable force is necessary to cause a fracture. This is also the case for the tibia.

    In the young, fractures of the femur are associated with considerable impact forces, and so are encountered in RTAs and in farming or horse-riding. The femur contains a considerable amount of fatty tissue in its core. In the case of femoral fractures, there is a clear association with the development of a fat embolus.

    In a fat embolus , the fatty material contained in the honeycomb core (matrix) of the femur can enter the circulation. Small fragments of the fatty material then enter the veins in the bone and then the veins drain the leg. From this source, the fatty material travels through the right side of the heart and into the lungs.

    A fat embolus is a potentially life-threatening complication of a femoral fracture.

    Fractures of the femur and the pelvis can also be life-threatening, purely because of the potential for blood loss. As a general rule, pelvic fractures are associated with the loss of up to two litres of blood into the pelvis, without any apparent external blood loss. In femoral fracture,s there can be a loss of up to one litre of blood into the tissues around the femur.

    Tibial fractures, like those of the femur, are associated with considerable force in the young and in the absence of underlying disease. The tibia can be injured in compression when falling from a height, and such injuries can result in significant disruption of the knee joint. Fractures of the tibia or femur that extend into the joint and onto the joint surface are associated with a lifetime risk of osteoarthritis.

    Fibula fractures can occur with much less injury. It can be a complication of a significant ankle sprain. Further, the bone is not weight-bearing, so its fracture tends to be a less significant injury.

    Treatment of fractures

    The basic principle of fracture management is immobilisation. This to surrounding tissue is significantly reduced. Finally, it assists in healing.

    In relation to the upper limb, fractures of the humerus can be treated with complex (aeroplane) casts, which hold the arm clear of the chest wall, with plaster on the chest as well as the arm. This is clearly a situation which most patients would not tolerate. Therefore, where possible, humeral fractures are treated by open reduction, which entails an operation to bring the edges of the broken bone back together. To assist this healing process and to reduce the possibility of parts of the bone (ORIF) can be applied. In addition, the long-proven art of plaster application is still widely used. Here the intention is to immobilise the length of the bone by reducing the scope for movement in the joint above and below the fracture.

    As the femur and tibia are weight-bearing bones and early mobilisation of the patient is necessary to prevent any complications, such as the development of deep venous thrombosis, ORIF is frequently applied.

    In the next article, I will deal with bone healing and the development of pathology within joints.

    Varieties of fracture

    Simple: undisplaced and comprising of no more than two broken ends of the same bone.

    Comminuted: a more complex fracture with multiple bone fragments.

    Compound: the fracture has breached the skin, and bone may be visible to the naked eye.

    Displaced: the position of the distal part of the fracture has been shifted relative to the proximal portion (for example, the two components may override each other, producing a Colles’ fracture).

    Greenstick: this is not so much a fracture as a defect in the covering of the bone (the periosteum) and is commonly seen in children.

    If you have been injured in a road traffic accident and you want to make a claim, call 0114 2678780, for a free same-day visit. You can also email Richard Meggitt at [email protected], or fill out a form on our road traffic accident claim page today.

    This article has been written by Dr. David Thomas, a barrister.

  • What is the value of my injury claim? JC Guidelines

    The Judicial College Guidelines for the assessment of general damages in personal injury cases provides guidance to Judges and practitioners as to the value of General Damages. General Damages are compensation for pain and suffering resulting from an accident. The guidelines are updated regularly and were last published in November 2019. 

    The most obvious and significant change is the amount of damages that is likely to be recoverable.  Between May 2017 and June 2019 there has been a continued period of inflation.  Accordingly, nearly all the brackets have been increased by a factor of circa 7%. 

    The guidelines for hand injuries have seen the most reform.  There is a new bracket for ‘Severe Fracture to Fingers’ for cases where there may have been partial amputations or other deformity.  This is a helpful addition as previously such injuries fell awkwardly between the ‘Serious Hand Injuries’ and ‘Less Serious Hand Injuries’ brackets, with little guidance on how to differentiate between awards.  There is also a new bracket for ‘Total and Partial Loss of Index Finger’.  Again, this is useful for similar reasons.  Finally, the ‘Trivial Thumb Injuries’ bracket has been removed.  Such injuries will now be assessed in accordance with the new ‘Minor Hand, Finger and Thumb Injuries’ bracket.  One might imagine a slight increase in awards for the most minor thumb injuries as a result of this.

    There has been a slight reform to the deafness/tinnitus guidelines with a new bracket for ‘Mild tinnitus alone or mild NIHL alone’.  Awards of around £11,000.00 are now to be are now to be expected.  Previously it was likely these claimants would have had their general damages assessed in accordance with the ‘Slight NIHL without tinnitus’ bracket (or vice versa) where awards were up to £6,140.00.  Therefore,  although the change is slight the effects may be significant for such claimants.

    There is a new bracket within the bowels guidelines for ‘Faecal urgency and passive incontinence persisting  after surgery’.  Such injuries most commonly arise where there has been an obstetric anal sphincter injury and may be of interest to those who practise in this area.

    The guidelines are intended to reflect the law, not set it.  Each time the guidelines are updated, a comprehensive review of reported decisions is undertaken.  It is noted within the introduction of the fifteenth edition that there have been relatively few reported decisions over the last two years, and this is seen as a sign of how successful the guidelines have now become.  However, individual quantum reports are still useful, and practitioners should consider reporting cases, particularly where a judge has not strictly followed the guidelines.  Not only will this assist with the interpretation of the current edition, it could well directly shape the next one.

    If you’ve had a workplace accident , manual handling, a fall from height, poor PPE, or a traffic road accident, a pedestrian, cyclists, or motorcyclists accident and you suffered a minor injury, you can make a claim.

    For advice as to the value of your claim please call 0114 2678780.  You can also mail Richard Meggitt at [email protected], or complete our online form today.

  • Accident at Work – what to do next

    Accident at Work – what to do next

    There’s a lot out there about claiming compensation after an accident at work, so much in fact that you can feel flooded with jargon terms like ‘no win, no fee’, ‘personal injury claim’ and the like. Below is an easy summary of the criterion needed to make a personal injury claim and some advice about how to do it, with special relevance for those who work in the Lincolnshire or Yorkshire areas of the UK .

    Can you make a claim? 

    The criteria for making a claim is pretty simple. If you’ve suffered an injury, illness or disease because of your employer’s negligence then you can make a personal injury claim for compensation. “Personal injury” covers everything from a twisted ankle to asbestosis. All you have to do is prove that your injury was caused by the negligence of another party and you have grounds for a claim. In the work place this often relates to unsafe equipment, poor health and safety regulations or anything which puts an employee in danger as they carry out their work. Last year there were more than half a million non fatal injuries at work as reported by the Health and Safety Executive. Although health and safety is gradually improving, injuries do happen.

    Who to go to 

    If you’re reasonably confident you’ve got grounds for a claim the next step is to get in contact with a specialist solicitors firm. A solicitors firm is a safer bet than an accident claim company, as the latter simply act as a middle man between you and a solicitor, selling cases on for a profit. This means they sometimes don’t have the expertise they claim to.

    Go to a firm which deals primarily in personal injury claims. They’re more likely to know the minutiae of detail relating to personal injury law than a firm which offers a broader variety of services, and naturally they’ll have extensive experience in personal injury claims. Find a firm that is able to provide a no win no fee service with a clear fee structure..

    A really important thing to look for is a firm which can offer a face-to-face service. An accident at work can be a traumatic experience so you’ll want to make the process of claiming as stress-free as possible. If you live in Yorkshire or the surrounding area, there are firms available that will come to your home in order to talk through what happened and what you want to do. Seeing your solicitor in the flesh gives you the opportunity to control exactly what your case will be made up of and the reassurance that you won’t become an anonymous voice amongst many. Make sure you have basic details like the date of the accident, what happened and any kind of evidence you can gather that can be used in your case.

    If you are ready to make a claim for your accident at work – visit our form here and one of our team will get back to you.

    If you are sacked for refusing to work in an unsafe environment then you can potentially claim unfair dismissal at an Employment Tribunal.

    If you’ve had a workplace accident due to manual handling, a fall from height, poor PPE, or defective equipment, call 0114 2678780, email Richard Meggitt at [email protected], or complete our online form today to submit a claim.

  • What are “Special Damages”?

    What are “Special Damages”?

    In a personal injury case, the compensation is split into two different types of loss: general damages and special damages. The differences between the two types of damages are subtle but profound. We’ll start by discussing what general damages are before explaining what special damages are, and further breaking down the different types of special damages.

    General Damages

    General damages refer to damages to the individual relating to pain or suffering caused by an injury. General damages cover physical or psychological damage caused directly by the accident, including loss of amenities. Because all injuries vary slightly from case to case, the amount received changes depending on the case and the severity of the injury. The amount is determined by your lawyer and is then either approved by the compensator or decided by a judge. The Judicial College Guidelines set out the parameters for valuations to ensure a general standard is adhered to.

    Special Damages

    The difference with special damages is that they relate to financial losses caused by the accident, rather than for any physical pain or psychological suffering endured by the individual. Special damages also differ from general damages in how they are calculated. Special damages have a fixed monetary value.

    There are plenty of examples of special damages, here are just a few:

    Loss of Earnings

    If an injury results in the individual having to take a substantial amount of time off work, the injured person would be entitled to claim for the income they otherwise would have received had they been able to work. Sometimes this is in the form of sick pay rather than a loss of earnings. If this is the case and if for any reason you have to repay your company, this would be reflected in your claim, which would then cover the repayment.

    Claims can be made for more than just loss of earnings, however. In some cases, depending on contract details, it may be possible to claim for loss of overtime or bonuses too. On top of this, if your company has a pension scheme it is also possible to claim for lost pension. If an injury requires the individual to take an early pension when they weren’t planning to, the compensation can be very large.

    Self-employed people are also entitled to loss of earnings and loss of profit providing they can show accurately the sum they would’ve expected to receive by presenting accounts and tax returns as evidence.

    Finally, if for whatever reason the injury causes the claimant to take a lower paid job because they are no longer physically able to do their previous job, they are entitled to compensation equal to the difference in the two salaries.

    Medical

    Fortunately in the UK we are lucky to have one of the best health services in the world, where we can get most treatments for free. However, if for whatever reason a person requires treatment above and beyond the scope of the NHS, or the person chooses to use private health care even if they could use the NHS, they are still entitled to have this covered by the claim. For example, physiotherapy, chiropractor visits, and dentistry can be used by the claimant in the knowledge they’ll be covered.

    Similarly, the cost of any medicine needed can also be claimed for, including subscriptions and medical equipment.

    Care & Assistance

    In a lot of cases where someone has been injured, especially injuries serious enough to take time off work for, the injured person often requires care and assistance. Usually this care is provided by friends and family.

    However in some cases the individual may not have anyone like that to help them and they may require assistance from a third-party care provider. In these cases, such expenses can be covered by your claim, and in some cases it is even possible to claim for the care provided by friends and family, even if they have not been paid for it.

    Especially serious cases of injury, like paralysis or head injuries, can result in much larger pay-outs for care and assistance as it is likely they will require some form of daily care for the foreseeable future. This is significantly more expensive than a one off or a short spell of visits to a physiotherapist, for example.

    Travel

    If the injury requires the claimant to attend medical appointments to which they are required to travel, they would be able to claim compensation for these journeys. Things such as taxi fares, bus fares, mileage if travelling by car, and parking are all claimable.

    By no means is this an exhaustive list all of the special damages that are available to be claimed, but it does give a good selection of the most common ones. Most expenses, if it can be proven that they were directly caused by the accident, can be claimed for in one way or another.

    It is strongly advisable that you employ a qualified lawyer to assess your claim, as special damages can be especially hard to calculate. Making sure your claim is accurate and nothing is missed is in your interest as people who try to settle their own claims, more often than not, receive much less than those who contact a personal injury solicitor.

    If you have been injured and need some assistance, the team here at Accident Solicitors Direct would love to help. We have over 35 years of experience in personal injury litigation, giving us the tools required to help you receive the compensation you deserve.

    If you’ve had a workplace accident ,  traffic road accident, pedestrian, cyclists, or motorcyclists accident  and suffered injuries, you can make a claim by calling on 0114 2678780, email Richard Meggitt at [email protected], or complete our online form today to submit a claim.

  • 21 Common Mistakes Personal Injury Clients Make

    21 Common Mistakes Personal Injury Clients Make

    Without further ado, here is a list of the 21 mistakes someone may make in their personal injury claim:

    Not seeing your solicitor in person.

    I am of the opinion that when someone is injured and thinking about making a claim the first meeting should be ‘face to face’ with a solicitor. That is true even in relatively minor cases. Dealing with an unqualified person over the telephone or through ‘form filling’ is no way start a relationship with a law firm. 

    Believing you have to use your Insurer’s Law Firm.

    Insurers often give the impression that a client has to use their recommended lawyers. This is not true! A client is free to shop around and use a local firm. An insurer’s law firm may not be the best option, your claim may not be dealt with by a qualified person, they are unlikely to be local and the volume of cases they deal with can be very high. They may still charge you more than a local firm.

    Thinking your question might be stupid so not asking it.

    Some adverts suggest that making a personal injury claim is easy, so you might feel you can’t ask a question. Do not think like this. This is your claim and you have a right to know what is going on. It isn’t your day job to understand this area of law. Ask, ask, ask. I bet your lawyer couldn’t do your job. Personal injury law is really complicated. Frequently my experienced team of solicitors will disagree on a point – which proves that there aren’t always black and white answers to questions. So feel free to ask your lawyer.

    Assuming a compensation claim will be easy.

    I never tell my clients this because it rarely is all that easy. Sure, some claims, particularly road accidents can be fairly straight-forward, but most claims have their complexity. And I never think that bringing a claim against an employer [link to Accidents at Work] is easy. It is something that you need to think about carefully. You never know, when you bring a claim, whether you will need to go to court to give evidence as a lawyer cannot know how the other side will approach your claim. Discuss the advantages and potential disadvantages of bringing a claim.

    Failing to keep key evidence.

    In the immediate aftermath of an accident, clients are understandably preoccupied with their injuries.  However, once you have ensured your safety, the next thought should be to preserve as much evidence as possible.  For example, if you have a mobile phone with a camera, take as many photographs or videos as you can. Write everything down.  The earlier a note is written down, the more weight it will carry should it be needed for court in due course.  Make sure you obtain the contact details for any witnesses present.  It is always for a Claimant to prove his or her case and not the other way around.

    Settling your claim without obtaining medical evidence. 

    Insurers sometimes respond to a claim by offering a sum of compensation immediately. A lawyer will find it nearly impossible to value your claim without medical evidence, unless you have made a full recovery in a matter of weeks. Occasionally it might be worth accepting such an offer, but I would approach any offer with a healthy dose of scepticism.

    Choosing to rely on a GP’s medical report only.

    I have lost count of the number of times the prognosis of a GP expert witness has been wrong. What does GP stand for? General Practitioner. I have had clients with injuries which I know the GP has misdiagnosed, and I have said to my clients that they should demand of their GP that they are referred to a consultant. In most cases I will instruct an orthopaedic surgeon for orthopaedic injuries rather than a GP.

    Assuming that all law firms are the same.

    Many people injured in a road accident use the law firm allocated to them by their insurance company, without questioning whether this law firm is any good. Shop around, use the internet, ask yourself a few questions:

    • Is this law firm near you?
    • Can you meet your solicitor ‘face to face’?
    • Do you trust them?
    • Not just that, ask the person handling your case some questions too:
    • Are they a qualified solicitor?
    • How many clients do they have at any one time? I know of a firm where the paralegals (case handlers who are not even qualified) have up to 500 road traffic accident clients at the same time!

    It’s your case – so choose your own lawyer. Many clients feel that they cannot change law firms, but it may be the best option, particularly if your injuries are serious [link to Serious Injury].  

    Assuming all lawyers are equally skilled and experienced.

    We are not! I wouldn’t dream of advising on a house purchase, but I can count on one hand the number of times a client has asked me whether I have dealt with a claim like theirs before. Make sure your lawyer knows his or her stuff. Personal injury claims are hugely important, so don’t trust a novice with your case.

    Settling your claim too soon.

    I hate it when this happens. My best advice is, if you can, only settle your case when you have made a full physical and psychological recovery. Of course, some injuries are permanent, but if this is the case, make sure that the medical evidence is final. Why is early settlement a problem? Well, say for example, a medical expert states you are likely to make a full recovery in one year, and you settle your claim before that year is up. You are still injured – your injuries might continue beyond the expert’s prediction. If you do continue to suffer, then the chances are you have settled your injury claim for less than it is worth. Once settled, you cannot go back for more, except in rare circumstances.

    Believing you can deal direct without a lawyer.

    Often insurance companies will try and settle a claim directly with you and tell you that lawyers complicate things – that you will get a better settlement without all those legal fees. This is nonsense. I have spent my professional career bringing claims against insurers. I once had a client who was tempted to accept an insurer’s offer before medical evidence had been obtained. The offer was £5000. He instructed me, and I subsequently recovered £175,000 on his behalf.

    Failing to keep records of financial losses.

    This is a problem for every personal injury lawyer in the country! Every time you incur a cost because of your accident – or even every time a friend or relative incurs such a cost – write it down. Keep any receipts, record it on your phone, or send it to your lawyer. You should view making a personal injury claim as if you are making any type of insurance claim. Imagine – heaven forbid – that your house is broken into and your wedding ring is stolen. When making a claim on your insurance your insurer will want to see proof of purchase or ownership, and who can blame them? Even with small costs, such as parking at a hospital, physiotherapy appointments and additional take-aways because you cannot cook due to your injuries – the sums all add-up and are potentially claimable. Your lawyer should advise you on what can be claimed.

    Failing to inform the medical expert of all symptoms.

    Another bane of the personal injury lawyer’s work. If your lawyer sends you to a medical expert, and you don’t tell the doctor about all of your symptoms, it is very unlikely you be able to change the resulting report. Medical reports are crucial in personal injury claims. Reports document your injuries and your prospects of recovering from them. You cannot rely upon the doctor to ask exactly the right questions and extract all information about your injuries. Do not be afraid of doctors. If a doctor doesn’t ask you something and you think it is important, volunteer the information. If your injuries are not mentioned in a medical report, it’s unlikely that you will be compensated for them.

    Not telling your lawyer about the mental/psychological side of an injury. 

    Psychological injuries should not be underestimated;  

    · Are you losing sleep?
    · Has the accident affected you at work?  
    · Is the accident causing stress at home?  

    Psychological injuries can often be more significant than the physical.  It is nothing to be embarrassed about.  Make sure that you tell the medical experts how you are feeling.

    Assuming that your lawyer always has your case in their mind.

    If only this was true. A personal injury lawyer may have over 200 clients at any one time, depending upon how complex the claims are and how much help they have. Some unqualified paralegals have 500 claims. My recommendation is that a client should frequently engage with their lawyer, nudging the lawyer if the lawyer appears to have forgotten them. Incidentally, if you become aware that your case handler has a ridiculously high number of claims to deal with, you should look into changing to another firm of solicitors.

    Not accepting a reasonable first offer.

    My clients are often told by friends or family not to accept the opponent’s first offer. This may be correct in some circumstances, however if the offer is reasonable and fair it may be appropriate to accept it, even if it is the first offer that the insurer has made.

    Worrying that a court hearing will involve a visit to a Court.

    A civil claim, like a personal injury claim in the unlikely event that it goes to a trial, will be in front of a judge, not a jury. It’s not scary. In any event I estimate that less than 5% of claims go to trial.

    Taking legal advice from unqualified friends and family

    Everyone has an opinion about a claim, from a family member to the bloke in the pub. If you have a question, ask your solicitor. If you ask a question and can’t get a satisfactory reply, consider changing solicitors. Comparing the value of claims with other people’s awards is also a common error. Everyone’s claim is different, the value of the claim will depend on the medical evidence, you have instructed a lawyer to value your claim, leave it to your solicitor to value your claim.

    Exaggerating claims

    You may be tempted to exaggerate the extent of your injuries or inflate the value of your loss of earnings. Don’t do it! This can lead the insurers alleging fundamental dishonesty which, if proved, will lead to no compensation, a costs order against you and even a custodial sentence.

    Social Media – be careful what you post

    Many of us use twitter, Facebook, Instagram on a daily basis. Insurers routinely access our client’s social media accounts. Insurers will use this to gather information to contradict a client’s case, for example the nature and extend of the injuries. Be careful what you post as this could be very damaging to your case.

    Unclear fees

    Understand from the firm you instruct what you will have to pay if the claim fails and what you will have to pay if you win. Some personal injury firms have a fixed deduction of 25% of damages, others will deduct a premium for an insurance policy. How much is it and when does it have to be paid?

    If you would like to make a personal injury claim with experienced, specialist solicitors, contact Richard Meggitt of ASD Solicitors [link goes to a different solicitors website, is this correct] for a chat about your case. We offer free consultations in your home, at our office or on the telephone with no obligation to proceed further. Our fee structure is simple and easy to understand with no loans, interest or insurance premiums to pay.

    We have been acting for local people like you since 1984.

    If you want to make an injury claim, call us on 0114 2678780. You can also email Richard Meggitt at [email protected], or complete our online form today.

  • Work Related Accidents and Ill Health Statistics 2018

    Work Related Accidents and Ill Health Statistics 2018

    When it comes to work-related ill health and accidents, the UK fares better than other large countries in the EU. However, as we work with the individuals affected by poor workplace health and safety, we know that the impact on one person and their families can be enormous.

    New statistics have been released that show the scale of workplace accidents and ill health for 2018. It gives us a perspective on the key areas of concern, high-risk industries and the costs to Britain.

    Key Facts. In 2017/18:

    • 1.4 million work-related ill health cases new or longstanding. That’s more than the population of Birmingham!
    • Half a million cases of work-related musculoskeletal disorders, new or longstanding.
    • 0.6 million non-fatal injuries to workers, based on self-reporting. But only 71,062 144 non-fatal injuries were reported by employers.
    • 144 people died from a workplace injury.
    • 30.7 million working days have been lost due to work-related ill health and non-fatal injuries. This has an effect on businesses but also on employees who may not be getting appropriate sick pay for their time off. This could cause financial hardship for workers and their families.

    12,000 lung disease deaths each year estimated to be linked to past exposure to harmful substances at work.

    Work-Related Ill Health:

    • 541,000 workers suffering from a new case of work related ill health in 2017/18
    • 26.8 million working days lost due to work related ill health in 2017/18

    Self reported work related ill health has shown a gradual decline over the years, until 2011/12. Since then the rate has been broadly flat. Stress, depression and anxiety are the most common illnesses, and musculoskeletal problems follow, accounting for 35% of cases and 25% of working days lost.

    Work Related Musculoskeletal Disorders:

    • Manual handling, awkward or tiring positions and keyboard work or repetitive action are estimated to be the main causes of work related musculoskeletal disorders based on 2009/10-2011/12 LFS data.
    • 469,000 Workers suffering from work-related musculoskeletal disorders (new or longstanding) in 2017/18.
    • 156,000 Workers suffering from a new case of work-related musculoskeletal disorder in 2017/18.
    • 6.6 million Working days lost due to work-related musculoskeletal disorders in 2017/18.

    Affected areas:

    • 42% – Upper limbs or neck.
    • 40% – Back.
    • 18% – Lower limbs.

    High Risk Industries:

    Occupational Lung Disease

    • 12,000 Lung disease deaths each year estimated to be linked to past exposures at work.
    • 2,595 Mesothelioma deaths in 2016, with a similar number of lung cancer deaths linked to past exposures to asbestos.
    • 20,000 New cases of breathing or lung problems caused or made worse by work each year on average over the last three years.

    Lung diseases contributing to estimated current annual deaths:

    • 32% COPD (Chronic obstructive pulmonary disease).
    • 22% Non asbestos-related lung cancer.
    • 20% Mesothelioma.
    • 20% Asbestos-related lung cancer.
    • 5% Other diseases

    Workplace Injury

    • 135,000 Injuries caused over 7 days absence from work.
    • There has been a general long-term downward trend over the years in workplace injuries; including fatalities, self-reporting and employer reporting. This shows that health and safety education as well as employer accountability has improved over time.

    Common Workplace Injuries:

    Costs to Britain

    The total cost to Britain from work-related injury and ill health is £15.0 billion. Total costs include financial and human costs, financial costs cover loss of output, health care costs and other payments. Human costs are the monetary value given to pain, grief, suffering and loss of life. 35% of the costs to Britain are due to workplace injury and 65% is due to ill health.

    Whilst much of workplace injury and ill health is caused by negligence on the employer’s behalf to provide appropriate training, protective equipment and health and safety checks, employers only bear £3.0 billion of the cost. The government bears £3.4 billion of the costs. The majority of the cost falls on the injured or ill individual – £8.6 billion.

    High-Risk Industries

    Work-related ill health

    Work-related injuries

    • Agriculture, forestry and fishing.
    • Construction.
    • Mining and quarrying.
    • Wholesale/retail trade.
    • Manufacturing.
    • Public administration/defence.

    If you have been affected by a workplace injury or illness, you may be able to make a claim for compensation. We at Accident Solicitors Direct have a wealth of experience in personal injury litigation. To speak to one of our local, qualified solicitors today you can fill in our claims form and someone will get back to you to arrange a free face to face meeting within the same day. Alternatively, you can call us on our freephone line: 0800 163 622.

    If you’ve had a workplace accident due to manual handling, a fall from height, poor PPE, or defective equipment, which resulted in burn injury, head injury , a spinal cord injury or a loss of limb call 0114 2678780, email Richard Meggitt at [email protected], or complete our online form today to submit a claim.

  • Workplace Accidents and Injuries in The Catering and Hospitality Industry

    Workplace Accidents and Injuries in The Catering and Hospitality Industry

    The catering and hospitality industry is vast, employing around 1.96 million people in the UK. While catering and hospitality may not be considered as high risk compared to industries like construction, work within accommodation and food service accounts for a statistically significant rate of workplace injuries.

    Source: HSE

    Common accidents and injuries in the catering and hospitality industry include:

    Certain areas like kitchens, storage rooms and places which might have slippery surfaces such as behind the bar can cause the most problems

    Accidents and injuries in this industry can cause difficulty working, and may result in a long period off work. On average, an injured person in the UK takes nine days off work, and someone with a musculoskeletal disorder takes 17.5 days off. A serious accident may mean that the affected person is unable to work at all, having long-term negative financial implications for them and their family.

    Because of these hazards, employers have a duty to keep a close eye on health and safety to ensure that their employees are not harmed. The regulations for this industry are lengthy. If an employer fails to comply with health and safety laws, and an employee is injured, a personal injury claim could be made against them.

    Due to the size of this industry, wages and nature of employment may vary wildly. Not all workers are employed on a long-term contract, many are agency workers or are on zero hour contracts. This may cause people to worry about whether they are eligible to make a personal injury claim. However, personal injury claims are not reserved for people on long-term contracts, we have had many successful case studies for workers on zero hour contracts.

    Employees may also be concerned that if they work for a very small company, the business may be unable to afford a compensation payout and therefore there is no point in pursuing a claim. All companies need to have insurance for people who work on or visit their business premises and therefore, claims are essentially made against the insurer. Businesses of all sizes have the same responsibility to protect their employees.

    If you’ve had a workplace accident , manual handling, a fall from height, poor PPE, and you suffered an injury, you can make a claim. If you would like to speak with someone about claiming for your personal injury, you can call us between the hours of 8 am – 9 pm on this number 0114 2678780 or email Richard Meggitt at [email protected]. Alternatively, you can fill in our claims form and a solicitor will be sure to contact you on the same day.

    If we think we will be able to help you, we can arrange an immediate home visit, on a no win-no fee basis.