Injury claims for occupational bursitis

Over 3 in every 100 people are expected to be struggling with bursitis as you read this. Bursitis is a condition which arises when the elbow, knee or shoulder joints become enflamed and painful as a result of repetitive strains placed upon them. The bursae are pods of synovial fluid which prevent the bone and the muscles connected to it from grinding together. Damage to the joint caused by repetitive strain therefore causes the busae to become inflamed or infected and this can lead to bursitis.

Those suffering with bursitis are likely to feel considerable pain due to the inflammation and possible infection of the affected joint and their mobility may be significantly restricted as a result. In mild cases, a few weeks of rest and avoidance of the activity which caused bursitis should lead a full recovery. However, in cases where the bursitis involves infection or sepsis, surgery, prescription drugs and regular drips to orthopaedic doctors may be required.

Bursitis –  the causes

Bursitis is most commonly caused by repetitive actions in the workplace. Those who are constantly required to perform certain repetitive movements or hold certain positions for an extended period of time tend to place high levels of stress on their joints which can lead to bursitis. It is no surprise for example that bursitis is often referred to as ‘housemaid’s knee’ and indeed electricians and plumbers who spend a lot of time kneeling down are often more susceptible to the condition.

Bursitis – Your employer’s obligations to protect you

Your employer is legally obliged to take every action possible (within reason) to ensure that you are not harmed in the workplace. Therefore, if your can demonstrated that your employer failed to protect you by not providing you with knee protection or warning you about the health risks associated with certain movements they can be said to have shirked their legal duty.

If you believe that your employer has failed to discharge their legal duty of care and you have suffered from bursitis as a result, you should instruct a specialist occupational injury solicitor straight away to see about making a compensation claim. Our personal injury claim team is composed of the experts you need who also have strong contacts with medical experts who will produce a medical report which is central to your case. We are fully committed to recovering every penny of compensation that our clients are entitled to and have the expertise needed to win your injury claim.

Considering a Bursitis Injury Claim? Our experts can help you win justice

If your employer failed to take all reasonably practicable steps to prevent you contracting bursitis in the workplace, you could be entitled to claim injury compensation.

Call our specialist personal injury solicitors on FREEPHONE FREEPHONE 0800 1404544, or

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The health and safety risks in asbestos related disease at work

Asbestos is a killer and for many decades during the twentieth century the effects of its lethal fibres, in the form of a fine airborne dust, rampaged virtually unchecked through the ranks of workers in the mining, construction and manufacturing sectors devastating their respiratory systems and causing painful disability and premature death. Fortunately, in the UK at least, such exposure should no longer occur, though the latent effects of workplace exposure during the last century continue to manifest in the ever increasing diagnosis rate of asbestos related diseases. Indeed asbestos is now the biggest single cause of workplace-related death in the UK.

Asbestos – the change in the law

It’s no longer legal to extract or use asbestos and the Control of Asbestos Regulations 2006 and 2012 effectively regulates its demolition/removal, transportation and disposal. Those regulations and the seemingly never ending expanse of health and safety legislation puts employers under a legal duty to take all reasonably practicable measures to ensure the health and safety of their employees. With regard to asbestos, employers are legally obliged to provide training on asbestos awareness and working with material. Asbestos exposure is also reportable under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995.

Legally, we appear to have every aspect of controlling exposure to asbestos covered, but from a practical point of view, at the ‘coalface’, the need for vigilance and the provision of comprehensive training remain crucial to ensuring that the latest generation of workers doesn’t have to endure what some of their parents and grandparent did and are still doing. For asbestos has not gone away and the legacy of an era that enthusiastically embraced the highly desirable properties of asbestos containing materials (even after the adverse health effects of asbestos dust exposure were recognised), lurk in many buildings constructed prior the turn of the 21st century.

Asbestos – the risks

Theoretically there is no safe minimum exposure level and one asbestos fibre might be all that it takes to trigger the process that will lead to the onset of disease. In fact, medical research points to much higher levels of exposure over a prolonged period being required to bring about the onset of such crippling conditions as asbestosis, pleural thickening and mesothelioma – but the same research reveals that different people react to different levels of exposure in different ways. Thus, the burden of managing this hazard, on every business that might encounter legacy asbestos in carrying out their work, will remain high until the material has been eradicated from our environment.

Call our Asbestos Claim Solicitors

So, if you feel you may have been a victim of an asbestos related disease at work, call our solicitors today. Every personal injury claim is different, but our Asbestos Claim Solicitors can give you a better idea of what compensation you could receive if your compensation claim is successful, as well as answering any questions you may have about the claims process.

To start your personal injury compensation claim, all it takes is a few minutes of your time. Just email us on advice@the-personal-injury-solicitors.co.uk or call us now on FREEPHONE FREEPHONE 0800 1404544 – we can then discuss with you the details of your claim and explain what will happen next.

Get in touch today for a completely FREE and without obligation consultation about making your claim for personal injury compensation.

Government reforms cause concern for asbestos exposure victims

Asbestos related diseases are horrible ailments and many suffered contract such diseases because they were negligently exposed to asbestos by their employers decades ago. As a result asbestos compensation claims are of great importance to many people, hence why the government announcement that this type of personal injury claim may be reformed caused concerns for many.

In spring 2013 the government is set to have a consultation on such claims where the possibility of fixing legal fees, establishing an electronic portal for asbestos claims and creating a pre-action code of behaviour are likely to be discussed.

Possible reforms to asbestos claims have already been delayed due to such claims being made exempt from the effects of Legal Aid, Sentencing and Punishment of Offenders Act. As a result, the government is keen to have an in depth discussion in the near future.

The litigation process can be extremely long for victims of overexposure to asbestos and attempts to speed up this process should therefore be encouraged. However, there are growing concerns that the government will attempt to cut the cost of litigation too dramatically which in turn could lead to personal injury claims not been investigated thoroughly enough causing victims to lose out on compensation.

Thinking of a Asbestos Related Industrial Disease Claim? Contact us today

If you have been the victim of an asbestos related disease, you could be entitled to claim compensation.

Wherever you live in the UK, make sure you contact our specialist Personal Injury Solicitors today.

• For a FREE initial phone consultation call FREEPHONE FREEPHONE 0800 1404544 or

• E-mail us at advice@the-personal-injury-solicitors.co.uk

How to avoid dermatitis at work

Occupational contact dermatitis is a widespread, under-reported, painful and unsightly disease which attacks the skin of workers exposed to any one or more of a surprisingly wide range of allergenic and irritant substances in the workplace, and can leave it swollen, reddened, cracked and blistered. The fact that so many employees contract dermatitis in the UK annually as a result of their work provides pretty conclusive evidence that some businesses risk management systems are in need of a revisit – or those businesses risk the chance of an expensive personal injury claim.

Preventing incidences of contact dermatitis at work is not a herculean undertaking for employers. Despite the relative ease with which this skin disease could be eliminated or greatly reduced in the UK workforce and the fact that undertaking to protect their employees from it is a legal obligation on employers under the Health and Safety at Work Act 1974, Health and Safety at Work Regulations 1999 and the Control of Substances Hazardous to Health Regulations 2002 (amongst other regulations), the problem of employers failing in their duty of care to their employees in this respect refuses to go away.

 

Employers are legally obliged to identify hazards, environmental and work-related, assess risk and have control measures in place to protect their employees and this system should be regularly revisited and updated as necessary. When it comes to avoiding contact dermatitis at work, current best industry practice stipulates a three prong strategy designed to fulfil employers’ duty of care obligations:

1) Employee health and safety training – regular skin checks for indications of dermatitis, either carried out by a health professional or by way of self-examination. Training for employees about the nature of the substances they are exposed to in the course of their work, the risks the substances pose and the precautions that must be taken remove or reduce those risks. How to use the personal protective equipment supplied, such as barrier creams and gloves. Employees informed of the results of any exposure monitoring.

2) Protecting skin – skincare information available, including on recommended hand washing techniques and the use of pre and post work skin moisturisers.

3) Avoiding contact – by substituting the allergenic or irritant substances with safer alternatives, remove physical contact with the allergenic or irritant substances from the work process, automate the process or use equipment for handling.

It’s really not rocket science, and all that dealing with contact dermatitis requires is common sense and compliance with health and safety legislation.

Contact us about industrial disease injury claim now

If you are the victim of industrial disease, it’s essential that you don’t delay claiming , or you may lose your right to compensation entirely. Wherever you live in England or Wales, one of our specialist personal injury solicitors can explain to you all about claiming injury compensation.

To arrange a FREE discussion with one of our personal injury team call us on FREEPHONE FREEPHONE 0800 1404544 e-mail our team at advice@the-personal-injury-solicitors.co.uk

Backlash against Plans to Reform Mesothelioma Cases

The Ministry of Justice’s proposal to introduce fixed costs for all mesothelioma cases has been heavily criticised by asbestos-related disease sufferers, shortly before a consultation is due to begin over the issue.

In December last year, it was announced that a consultation focusing on ways to streamline the settlement of mesothelioma cases would be launched around springtime.

A consultation into the matter has been expected since the government placed asbestos-related diseases outside the remit of the Legal Aid, Sentencing and Punishment of Offenders Act. Furthermore, the reform of no-win, no-fee agreements and abolishment of reclaimable post-event insurance will be reviewed later this year.

It is expected that the spring consultation will feature the following proposals:

• Fixed legal costs for the conduct of mesothelioma personal injury claims

• A bespoke pre-action protocol for dealing with such cases

• Streamlining of the administration and settlement of cases through an online claims portal

There are fears however that the government has misunderstood the nature of mesothelioma cases. The Asbestos Victims Support Groups’ Forum Chairman, Tony Whitston, has suggested that the MoJ has oversimplified cases and that attempting to resolve cases as quickly as possible was not necessarily a good idea.

This is in stark contrast to the view of Justice Minister Helen Grant who contends that claims should be settled as early and as quickly as possible, without the need for costly and time-consuming litigation. With many sufferers dying before settlement, this may be more cost-effective.

Contact our Personal Injury Solicitors today

Time limits apply to all types of injury compensation claims – so it is critically important get the right legal advice early on.

So for FREE advice from expert Personal Injury Solicitors you can really trust;

• Call us on FREEPHONE FREEPHONE 0800 1404544 or

• e-mail our team at advice@the-personal-injury-solicitors.co.uk

Chemical Accidents and Claiming Injury Compensation

The damage caused by accidents involving harmful chemical substances can be devastating. We have seen in Bhopal India (1984) and more recently in the Gulf of Mexico (2010), the human and environmental cost that comes with spills and explosions that expose us to dangerous materials. It is therefore important that the storage and usage of hazardous chemicals is strictly regulated.

Chemical accidents can occur in a number of ways which means health and safety standards must be met. Vehicles transporting chemicals, storage tanks and factories are all hazardous and can put people at risk. As a result, it is not surprising to see personal injury claims caused by contact with harmful chemicals.

The labelling and safe storage of chemicals is of paramount importance in preventing accidents. We are all familiar with the symbols warning us about toxic or caustic chemicals and such markings are essential in order to prevent confusion with consumer goods like drinks or hygiene products for example. The injuries that could be caused by a particular product should be made clear, whether it’s blindness, poisoning, burns or any other grievance.

Those working with dangerous chemicals should be provided with protective clothing which must be worn at all times. If this equipment in not provided you may find that your employer is guilty of professional negligence. The nature of the chemicals used will dictate the type of clothing required. Such clothing should be extensively tested before it is used by anyone to ensure that it is fit for purpose. If you suffer an injury whilst working with dangerous chemicals and you are not convinced that the necessary precautions were taken to protect you, you may be entitled to make a compensation claim.

Thinking of Claiming Chemical Injury Compensation? Contact us today

Sustaining a personal injury through exposure to harmful chemicals can result in physical and psychological trauma and it is only right that you are compensated accordingly if your injuries were no fault of your own.

If you are in need of any advice or information regarding accident or injury following a chemical spill, don’t delay, or you risk losing your right to injury compensation – email our specialist personal injury solicitors at advice@the-personal-injury-solicitors.co.uk or call us now on FREEPHONE FREEPHONE 0800 1404544.

Carpal Tunnel Syndrome – An Occupational Hazard?

Could typing be damaging your health? The National Centre for Biotechnology Information suggests that it could be, with the repetitive action of typing identified as a major cause of Carpal Tunnel Syndrome (CTS). When the median nerve which controls feeling and mobility in the wrist is compressed, it can result in numbness, tingling or pain in the hands – this is known as CTS. The condition can be very difficult to live with, also causing weakness in the thumbs, a loss of grip and dull aching in the arms.

The link between CTS and typing is not accepted by all scientists or medical professionals. CTS has various causes including obesity, trauma, awkward sleeping positions, pregnancy and diabetes and it can therefore be difficult to pinpoint the exact causes of the condition. However, there is significant evidence to support the idea that repetitive actions contribute to CTS and it is now held that vibration can be a major cause of the condition as well.

CTS is now legally held to be an industrial disease and sufferers who believe that they developed the condition due to repetitive tasks at work may be entitled to make a personal injury compensation claim through the Industrial Injuries Disablement Benefit. Therefore, office workers, construction workers using pneumatic drills and other professionals using heavy machinery could all be entitled to make a claim.

CTS can be treated and only requires surgery in a small percentage of cases. It is highly likely that doctors will first attempt to relieve pressure on the median nerve using either a wrist splint, cortisone injections, or by prescribing anti-inflammatory drugs to reduce the swelling. Sufferers of the condition will undoubtedly incur costs, through medical expenses, travel to and from appointments, not to mention loss of earnings now and most importantly in the future.

Our personal injury solicitors are industrial disease specialists and strongly advise you to get expert legal advice to find out whether or not you may be entitled to make a compensation claim. We represent clients both locally throughout Wiltshire, Hampshire and Dorset – and nationwide online. Why not email us or call us today for free initial advice and a free first consultation with one of our team.

Government changes position on mesothelioma compensation claims

Earlier this week, the government finally gave way to pressure with regard to its planned reforms to no win no fee claims for mesothelioma victims. As a result, the planned changes to the recoverability of success fees in no win no fee cases, will be delayed, pending a review into the impact these changes will have on the access justice of those suffering from mesothelioma.

This change of heart appears to be the result of arguments that those suffering from mesothelioma (an industrial disease arising out of exposure to asbestos at work) would not be in a position to bring what referred to as ‘frivolous or fraudulent’ compensation claims, that it was not reasonable for those victims with just months to live to spend time shopping around for the solicitor with the lowest success fee, and therefore it was not reasonable for them to be put in the position of potentially losing up to a quarter of any damages one in order to fund their personal injury solicitors‘ success fee under a no win no fee claim.

The Legal Aid, Sentencing and Punishment of Offenders Bill, as amended, is now expected to receive Royal assent in the next few weeks and to become law next April.

 

House of Lords defeats conditional fee proposals

The saga concerning the government’s plans to alter the availability of conditional fee agreements [more commonly known as “no win no fee“] drags on. In particular, the House of Lords have now given the government a series of bloody noses – the three latest defeats of government proposals means that the government has actually lost nine votes so far. With regard to personal injury work, the critical change was that, unless this latest defeat should be overturned in House of Commons, those suffering from mesothelioma, and respiratory or other industrial disease, which has resulted from their employers’ negligence, will be excluded from the planned reforms to the no win no fee claim system.

Why Asbestos Lies Behind So Many Industrial Disease Claims

Asbestos is a naturally occurring mineral product, previously used for flame proofing and insulation. Although useful, it’s also deadly. Recent statistics show that asbestosis and asbestos related cancers cause more than 5000 deaths each year, with 1% of all UK males over the age of 40 being affected. It’s therefore not surprising that asbestos related claims are on the rise.

Although asbestos hasn’t been used in construction for many years, it is directly responsible for an epidemic of industrial disease claims. The substance is composed of millions of tiny fibres, which lodge in the lungs if they’re inhaled. This leads to scarring of the lung tissue (asbestosis), cancer of the chest and lung linings (mesothelioma), lung cancer and pleural disease. Only a tiny amount needs to be inhaled in order to do damage. Asbestos related diseases have been reported among the families of workers who brought asbestos particles into the home on their clothes. Symptoms of this type of industrial disease can take up to 40 years to emerge, which is why so many claims are related to historical incidents.

Given the scale of damage that asbestos can cause, it’s shocking to realise that it was used in so many public buildings, including schools and hospitals. Ironically, banning its use has also contributed to the number of claims, since many are made by workers who contracted a disease whilst removing asbestos from buildings.

Generally speaking, the control and removal of asbestos is much more tightly governed now. In the UK, the Control of Asbestos at Work Regulations 2002 (updated in 2006), impose significant responsibilities on workplaces to identify and manage asbestos related risks. It is to be hoped that these regulations and controls will greatly reduce cases of this tragic industrial disease over time.

If you think you might have been the victim of industrial disease – don’t hesitate – contact our specialist personal injury solicitors today on FREEPHONE FREEPHONE 0800 1404544 or [01264] 364433 for a free first interview or e-mail our team of accident claims lawyers at advice@industrialdiseaseclaimsuk.co.uk