Can I claim compensation from my employer for dermatitis?

Dermatitis is a highly uncomfortable skin condition which can make it difficult to work. If you are unable to work because of the condition, you may be entitled to claim compensation due to the loss of earnings or added difficulty faced in your day-to-day life. In order to claim compensation for dermatitis caused at work, there are two things which you must be able to prove:

• Was your dermatitis definitely caused at work?

• Did your employer negligently fail to take all steps necessary (within reason) to protect you health and safety whilst at work?

Proving that your dermatitis was caused at work

There are three questions you should ask yourself in order to establish whether or not your dermatitis was caused at work:

• When you are away from work does your dermatitis improve?

• When you avoid contact with the irritants or allergens you face at work by using protective equipment or substances in the workplace, does your dermatitis improve?

• Are there clear signs of an allergy to any of the products/chemicals you come into contact with at work?

Proving that your employer has failed in their duty of care

If, in answering the above questions, it becomes clear that your dermatitis is caused by your working environment you must then establish that your employer has not taken the necessary steps to protect you from the irritants or allergens causing the dermatitis.
Your employer has a legal duty of care to minimise the risks faced in the workplace and failure to do this with regards to dermatitis might include:

• Failure to suitably train and advise you on how to avoid the known risk of dermatitis

• Failure to prevent your hands making contact with irritants or allergens

• Failure to provide equipment to prevent dermatitis such as gloves or protective creams

• Failure to use alternative substances in place of irritants or allergens

• Failure to establish processes that avoid unnecessary contact with irritants or allergens

• Failure to advise employees on how to spot signs of dermatitis

• Failure to make clear the importance of drying hands after washing

If you are considering making an injury compensation claim for dermatitis suffered at work, you will need to instruct a specialist personal injury solicitor.

Thinking of making an Industrial Dermatitis Compensation Claim?

For help advice about claiming compensation against an employer,

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Claiming Compensation after a Holiday from Hell

We all look forward to our annual holiday in the sun with great anticipation. We spend months or even years planning our ideal dream holiday, and as well as a much-deserved break, holidays are a reward or prize after months of hard work, a honeymoon or just a break from the daily grind. One of the worst things that can happen after months of looking forward to a holiday is to have the whole thing ruined by an accident, illness or injury which isn’t even your fault.

In the immediate aftermath of a holiday disaster, we are more focused on resolving the situation and getting home as quickly as possible and it’s often not until we get home that we start to think about whether or not we may be eligible to claim compensation. Our team of personal injury solicitors have many years of training and experience in the field of claiming holiday compensation. They do also take holidays themselves from time to time so can empathise with clients and have an understanding and sympathetic attitude when working to resolve a claim. The team will start by finding out all of the facts around what has happened, and give advice about whether you have grounds to make a personal injury compensation claim. If so, they will then work through the claim and argue with the other side to make sure you get the more reasonable compensation possible.

Different Types of Claims for Holiday Compensation

There are many different circumstances in which people may find themselves suffering an illness or injury of holiday. Some of the most common reasons are having a travel related accident while on land, sea or in the air, sport related accidents suffered while skiing or doing water sports, and falls, trips or slips in hotels or others sorts of holiday accommodation. Poor levels of cleanliness and bad food hygiene practices can also cause illness.

What Can You Claim For?

There are several different elements which can be claimed for in a holiday compensation case. These are:

• Pain and suffering caused by the personal injury

• Any financial loss suffered to date

• Any future financial loss which may be anticipated

• Loss of the holiday enjoyment and experience

Sometimes holiday compensation claims can become complex when the case is against the foreign owner of a hotel rather than against a UK based holiday company. In these circumstances, getting advice and guidance from an experienced personal injury claims solicitor can make the path to compensation far more straightforward than trying to go things alone.

Need to Know More about Claiming Holiday Compensation?

Call us right away to get FREE initial advice over the phone on your holiday compensation claim. We also offer a FREE first appointment, and as we take on these sorts of cases on a no win, no fee basis, you don’t need to be concerned about legal costs either. If you’d like to know more about claiming holiday compensation by:

• Calling our compensation team on FREEPHONE FREEPHONE 0800 1404544

• Fill out the enquiry form below

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85% Of Injured Workers Do Not Receive Compensation

A new report published by the Association of Personal Injury Lawyers and (APIL) and the Trades Union Congress (TUC) has revealed that 85% of people who are injured or made ill through their work never receive any compensation payments.

In “The Compensation Myth”, the figures show that between 2012 and 2013 approximately 610,000 suffered an injury at work. However, out of that number only 90,000 claims were made successfully for injury compensation. Each and every year in the UK, 600,000 people fall ill or are injured in an accident at work, and the 25,000 most severely affected have to give up their job as a consequence.

The report also pours cold water on the common misconception that the legal profession drags out personal injury compensation cases to boost their fees by pointing out that recent changes in the rules surrounding civil law cases means solicitors undertake employer liability work on a fixed fee basis.

Why aren’t more personal injury claims being made?

APIL is a campaigning organisation which has over 4000 personal injury lawyers as members and operates on a not-for-profit basis. The President of APIL, Matthew Stockwell, said he felt a general lack of understanding about the workings of the personal injury compensation system means that employees do not realise they can only claim compensation once negligence has been proven.

The most common injuries suffered in the workplace are back and ligament injuries which fall under the umbrella of musculoskeletal disorders, skin diseases, problems with hearing, slips, trips and falls. The main reason why people are not claiming for these sorts of injuries is that they cannot prove their injury was due to someone’s negligent behaviour. Other simply choose not to pursue a claim.

Employers are in the stronger position when it comes to compensation claims as they control the policies and procedures in the workplace and have easy access to all of the information and equipment. Many people who do have a right to claim after suffering an injury find the process impossible to navigate.

Number of work accident claims halved

Official figures released by the government show that there has been a fall from over 183,000 workplace injury claims in 2002 to just 91,000 in 2012/13. Since the latest figures were published, the way costs are calculated for successful claimants has changed, and now up to 25% of damages could be used to pay the legal fees which were previously paid by the other side.

The TUC and ADIL report was critical of the changes implemented by the coalition and said that were “turning the clock back” by putting the onus on the claimant to prove that their employer had been negligent. The report authors strongly felt these changes meant fewer workplace claims were being pursued.

Even when negligence is proved, it’s harder than ever for the injured party to get compensation. According to the report, the situation is worse that it was in Victorian times, and workers are being deterred from claiming compensation altogether. In these cases, it is the taxpayer who is landed with the bills for ongoing medical treatment and any Benefits which the injured person has to claim if they are no longer able to work.

Injured at work? Not Your fault? Contact our Injury Claim Solicitors now

Really strict time limits apply to all work accident claims. So don’t delay making your injury claim. For FREE advice from expert Workplace Accident Compensation Claim Solicitors to trust;

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Claiming Compensation For A Road Traffic Accident

If you’ve been involved in a road traffic accident that wasn’t your fault, your first priority will obviously be to get well and get over the stressful incident so that you feel comfortable driving again. Of course, you may also want – or need – financial compensation to cover costs such as medical fees or time lost from work due to injury, and that’s where our  personal injury solicitors come in.

Who Can Claim Compensation After A Road Traffic Accident?

Obviously each case is different, but generally, if you were involved in an accident that wasn’t at all your fault, you should be able to get compensation from someone. Who you make the claim against will depend on the circumstances. If, for example, you were involved in a collision and weren’t driving (if you were a passenger), your claim will be made against the insurance company of the person either driving the vehicle you were in or the person who was driving another vehicle which was involved. Sometimes – when responsibility is difficult to determine – it can end up being both. If, however, you yourself were driving the vehicle, you would make a claim against the insurance company of the person driving the vehicle which collided with you (the same goes if you were a pedestrian or motorcyclist who wasn’t at fault). If you have sustained injuries due to the accident (a common one being whiplash, for example), you can make a claim for compensation. As with all compensation claims, you will need to be able to prove that another person was at fault, so the more evidence and information you can gather at the scene, the better.

Why You Need Expert Advice

Claiming for compensation – even if the situation is fairly straight forward – can be incredibly complex, and for this reason, you’ll need to take the advice of a solicitor who specialises in accident claims. They will be able to guide you through the entire process and can answer any questions you may have regarding the accident and how much compensation you’d be likely to get.

Claiming For Compensation –Your Next Step

Once you’ve decided you want to claim for accident compensation, your next step is to find a solicitor that is local to you, experienced, and knowledgeable in the area of road traffic accidents.

Not only are our Personal Injury Solicitors accredited member of the specialist Law Society Personal Injury Panel – but we also offer a free consultation as well as legal advice and representation on a ‘no win no fee’ basis, so you really have nothing to lose when choosing to claim for a road traffic accident.

Want To Claim Compensation For A Road Traffic Accident ?Contact us now

Time limits apply to all personal injury claims, so it is really important that you get the right legal advice early on.

So for FREE advice from expert Personal Injury Solicitors you can rely on;

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NHS Bans One Type Of Hip Replacement

A study of 17,000 patients who were fitted with a metal on metal hip replacement showed unacceptable levels of failure, and this has led to the metal on metal device being banned from NHS hospitals, following 1000s of injury compensation claims worldwide.

Surgeons had previously voiced concerned about the hip joints, stating that the early failure rates are due to the joints wearing away. There are further concerns that the joints have the potential to leak toxic metals. A quick response from the NHS has led to two commonly used models of replacement hips have already been withdrawn from the UK market, and patients who have already had the suspect models fitted have been recalled to hospital for regular checks and blood tests.

Regulators in the health industry have issued new guidelines to doctors which state that any hip implant with a failure rate of more than 5% after 5 years should be withdrawn from use immediately. This new regulation means that nearly all metal on metal hip implants should no longer be fitted in patients. As well as the two implants already withdrawn, the use of five more metal on metal hip implants will be discontinued with immediate effect.

NICE (National Institute for Clinical Excellence) have issued the warning to NHS hospitals after their figures showed that some of the most poorly performing implants have a failure rate as high as 43%.

The NICE results come after a survey of all metal on metal hip surgery in England, Wales and Northern Ireland. This survey found failure levels below NICE’s acceptable levels in most of the metal on metal hip devices on the market. Other types of hip replacements use a plastic socket with a metal ball.

Almost 25% of patients who were fitted with on particularly poorly performing implant, the DePuy ASR needed corrective surgery within five years, and the overall failure rate was 13%. After nine years of initial surgery, the failure rates for the DePuy ASR implant were as high as 43%.

Similar metal on metal hip replacements were used in a slightly different procedure known as hip resurfacing, which is designed to improve quality of life for younger patients than those needed a total hip replacement. In these cases, failure rates were as high as 14% after five years, and by nine years, the failure rate had risen to 36%. Other metal on metal or ceramic on metal implants used for resurfacing in over 11,000 patients showed five year failure rates above the 5% threshold. Within nine years, failure rates for some of the implants rose to 16%.

The metal on metal hip implants affected by the high failure rates are:

• Adept

• Cormet 2000

• Durom

• Recap Magnum

• Conserve Plus

The Corail Pinnacle hip replacement implant which is made with ceramic on metal was another device which failed to meet NICE’s standards. Only two types of metal on metal hip replacement currently being used in NHS hospitals exceed the standards set down by NICE, and only just. This means that nearly all of this type of implants in use in the UK are now banned.

Given that metal on metal hips only begin to fail over time, surgeons are only just now becoming aware of the growing issue with this type of implants. Medical staff began to be aware of these problems three years ago. Even the best performing metal on metal hip replacement fails four times as often as other types.

If you suspect that you have one of these metal on metal hip replacements fitted, NICE recommends making an appointment to see your GP as soon as possible. There is a possibility of tissue damage if the failing implant is left in place for too long. Metal on metal devices were first used in the 1990s, but increased in popularity in the last 10 years. By 2008, 11,000 patients per year were being fitted with these devices.

Makers of the metal on metal hip replacements called the raw data into question, and claimed that the rates may be lower when adjusted for accuracy. Other makers, such as the manufacturers of the Cormet 2000 stood by their products, and other manufacturers refused to comment on the NICE recommendations.

Want to claim hip replacement compensation? Contact our team

Our personal injury team are hip replacement compensation experts – and we can help you with your claim wherever you live in England and Wales. Home or hospital visits are also available for those unable to travel.

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Making an injury claim following a dog attack

The number of people treated by the NHS for dog bites annually is staggering, with 6,000 people finding themselves wounded.

Although we hear about fatal dog attacks in the news occasionally, these are actually extremely rare and in 2010 there were only 2 such instances.

According to NHS figures, as many as 19 in every 20 dog bites are not reported to anyone and this number is likely to be on the up. The findings of a 2008 report show that the number of dog attack-related injuries has increased by half in the last decade and that whilst only 1 in 5 of such attacks affects children under 9 years old, it is this age-group which is most often seriously injured.

It appears that inner city areas are worst affected. Since 2008, there has been a twofold increase in the number of dog bites resulting in injuries to under-18s and the figure is up by three quarters in the West Midlands.

The good news is that those affected by bites may find that they are eligible to claim compensation. The effects of attacks can be devastating, often requiring plastic surgery, time off work and significan emotional trauma. It is therefore only fair that you are compensated accordingly.

Under the Dangerous Dogs Act 1991, owners of Brazilian/Argentinean/Japanese mastiffs or pitbull terriers are in breach are acting criminally. These animals are very dangerous but dogs of all types can cause harm to innocent humans and psychological harm as well as physical harm such as damaged tissue, broken bones, scarring and facial disfigurement often lead to injury claims.

It is important to remember that the dog must have attacked you within the last 36 months in order for the claim to be valid. Or, for those who are 21, if you were under 18 at the time.

Making an injury claim will be easier if you seek immediate medical assistance and collect the contact details of the dog’s owner and any witnesses. You should also alert the police and get a crime reference number if necessary. Make sure that you get photos of the damage caused and find out about the dog that attacked you? Is it insured? Has it attacked others? In order to claim back losses you will also need receipts for medical expenses, transport fares, wage slips and other losses.

Been bitten by a dog? Call to find out about making Dog Attack Personal Injury Claim

Don’t miss out on the accident compensation you deserve following a dog attack. Our personal injury solicitors have the expertise needed to help you, so:

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Can I make a personal injury claim for my skiing accident?

If you’ve recently sustained an injury as a result of a skiing or tobogganing accident, it can leave you feeling weak and vulnerable. You might not have expected to have an accident on the slopes when you believe that you’re in highly capable hands, however you may later have discovered that the person coaching you is not as qualified or as professional as they first appear.

There could be all sorts of reasons why the accident occurred including negligence on the behalf of the other skiers with you or your trainer. Defective skiing equipment or adverse weather conditions such as high winds or environmental problems you weren’t warned of could all be to blame.

What you can do

If you believe that your skiing accident is the result of third party negligence, you may be entitled to compensation. It’s the responsibility of the skiers who were with you, instructors, resort owners, tour operators and equipment manufacturers to ensure that you stay safe. It can even be possible to bring your case to the UK courts if your skiing or tobogganing accident happened abroad.

Do you believe you’re eligible for a personal injury claim as a result of a skiing or tobogganing accident? To be eligible for compensation you need to start your claim within 3 years of the event of injury or from the injury’s diagnosis.

Skiing Accident Personal injury Claims – call us for FREE expert legal advice

The injury claim solicitors here at Bonallack and Bishop have the experience and knowledge needed to win your ski accident claim.

  • For FREE advice on injury compensation and a FREE 1st appointment about what you can do following a skiing accident, simply call us on 01722 422 300, or alternatively,
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Can I claim compensation for my traffic accident which happened abroad?

If you’ve been involved in a traffic accident while you were travelling abroad you’ll know how devastating it can be. You might be one of the many holidaymakers who decide to drive across Europe or hire a bike or a car to explore the region you’re staying in. Perhaps your employer sent you overseas and travelling is a part of your job.

While all of this can be an exciting experience, visitors who are unfamiliar with the rules of the roads in a foreign country can easily find themselves involved in an accident. You might have even found yourself sustaining an injury as a result of being a passenger in a car or a coach.

Whatever situation you found yourself in the road accident by, it can ruin the rest of your trip and the effects can be long lasting in terms of trauma and physical injuries which stay with you until long after you return home.

The law is complex when it comes to road traffic accidents which happen abroad, but the good news is that you don’t have to make the claim in the country where the accident occurred. If you have to make a personal injury claim, European road users can benefit from the 4th and 5th Motoring Insurance Directives as outlined by the EU. This encourages European insurers to work with a UK handling agent who can then start to work with the claims in English and set a timeframe for completion.

If you believe that you have a personal injury claim as the result of an injury abroad it’s possible that you could be eligible for compensation. Personal Injury Solicitors can help to assess your claim and determine if you can get any remuneration.

Sustained an injury in an RTA abroad? We can help you claim compensation

Being involved in an RTA is invariably stressful but when it occurs overseas it can be particularly traumatic. Making an injury claim involves complex legal work, so instructing a specialist personal injury solicitor like those at our firm is essential.

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I was recently involved in a public transport accident. Can I make an injury claim?

Did you go on a trip which ended badly? Perhaps you were travelling home as a passenger on the bus after a day at work or out shopping, when the vehicle was involved in an accident. As a result you may have suffered and sustained personal injuries which make you feel helpless, causing your self-esteem to plummet to an all-time low.

The good news is that if you were involved in a public transport accident, involving a bus or a taxi for example, you could be eligible for compensation in the form of a public transport claim. If it’s determined that the driver was at fault concerning the collision you were involved in, then it’s possible for the accident claim to be made by the company that employs the bus or taxi driver.

An accident on a bus can be the result of careless or even dangerous driving which results in serious injury or trauma. If you or other passengers in the bus or taxi were being thrown out of your seat by a driver who was speeding, braking suddenly or too hard, or even driving fast around corners, then the bus driver could be found to be at fault for the accident.

Public transport injury compensation claims specialists – call us now

If you believe you have a case for a compensation claim regarding your public transport accident, our Personal Injury Solicitors can help.

  • For free initial advice, please call 01722 422 300 for more information.
  • Alternatively you can fill out the contact form below to get in touch with our injury claims specialists by email.

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I was involved in a motorway accident, how do I seek compensation for my personal injuries?

Being involved in a motorway accident can be a traumatic experience and for those involved, it often raises a mirror to their own mortality, raising the question of ‘What if?’. After a high-speed accident on a motorway you will understandably need the time and space to recover from what’s happened.

If you have severe injuries as a result of the accident and it’s been determined that it was someone else’s fault, it’s possible to claim compensation for any suffering pain or loss you may have endured. This can include any loss of earnings or rehabilitation costs which may have been incurred too.

The Department of Transport has revealed that in 2010, 10,369 casualties happened on motorways in Great Britain. Meanwhile 798 people were severely injured while travelling on motorways and 118 fatalities occurred. It’s no surprise given the billions of miles travelled across England and the rest of the United Kingdom, along with the increasing number of vehicles on the road that motorway accident claims are on the rise.

Whiplash is considered to be the most common injury endured from a motorway accident. This can happen when the neck is jolted suddenly during the impact of a car crash. The pain can be immediate and last for two days or longer, sometimes even weeks or months

It’s possible to receive injuries while wearing a seatbelt as while it’s designed to stop you moving forward, it can also cause chest injuries and bruise the chest, making it feel uncomfortable. If the crash you were in was high-impact then you may have suffered skeletal fractures, serious cuts or abrasions as a result of flying debris or crushing of limbs.

Call our personal injury solicitors for motorway accident claims advice

If you believe that your motorway accident is eligible for compensation due to the negligence of another driver, Personal Injury Solicitors can help. They can provide you with initial advice about your claim and provide you with the best course of action to take.

Please call 01722 422 300 to talk with an advisor or,

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