Monthly Archives: January 2012

Compensation For Whiplash – How Damages Are Calculated

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Whiplash is a very common injury in road traffic accidents, so it’s no surprise that it’s an equally common subject for compensation claims. Most people tend to think of compensation as one lump sum, but it’s actually calculated according to a number of different factors. These can be divided into two broad categories – general damages, which are awarded as compensation for the injury itself, and special damages, which are awarded to cover financial loss.

General damages

In looking at an award to compensate you for your injury, your accident claim solicitors will look at the amount of pain and suffering that it’s caused you. This will be influenced by how severe the whiplash injury is, and the length of time it’s caused you to suffer. The award will also reflect any psychological trauma or damage arising from the injury.

The second part of the general damages award is known as “loss of amenity”. This means the effect the injury has had on your life in general. If whiplash has restricted your domestic, social or professional life in any way, then you will receive compensation for it. For example, if you were in the habit of playing 5-a-side football once a week before the accident, and you’re no longer able to do so, this would be classed as a “loss of amenity”.

Special damages

Special damages are awarded in recognition of any adverse effects on your earnings and finances as a result of the accident. Financial losses are obviously easier to quantify than general lifestyle losses , which is why they’re accounted for separately in a Schedule of Loss as part of your injury claim.

Loss of earnings is the most apparent form of financial loss, so if your whiplash injury has caused you to take time off work and lose pay, this will be reimbursed in the final settlement. You can also claim back the time for anybody who has had to care for you, at an hourly rate, as well as claiming for any treatment that you’ve had to pay for privately. In the same way, it’s possible to claim for anything you’ve had to pay out for as a result of the injury, such as phone calls to medical specialists, travel costs to hospital or solicitor appointments, prescription costs, postage of documents and so on. For this reason, it’s vitally important to keep track of all your expenses.

Whiplash injury compensation, then, is designed to reimburse you if you’re out of pocket, and to provide redress for a diminished quality of life.

Our personal injury solicitors offer free initial phone advice, no win no fee agreements and a free first interview –hospital or home visits are also available for accident claims. Why not contact us today on FREEPHONE FREEPHONE 0800 1404544.

 

Falls From Height At Work – What The Law Says

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Falls from height are a frighteningly common source of workplace injuries, which are sadly seen far too often by our personal injury solicitors. The most recent statistics from the Health and Safety Executive show that in 2008/2009 there were 4654 major injuries and 35 fatalities caused by falls from height in the workplace. Indeed, falls from ladders, scaffolding and roofs remain the single biggest cause of workplace deaths in the UK.

Of course, working at height is inherently dangerous, but the risks can be significantly reduced by following safe working practices. This is a legal requirement as well as a matter of common sense. All work at height is governed by the Work At Height Regulations 2005, and it is the responsibility of employers and employees alike to ensure that they are aware of this legislation.

The regulations set out straightforward requirements for the protection of anyone who has to climb a ladder or work on scaffolding during the course of their job. These involve proper planning and supervision of the job; using the correct safety equipment and making sure that it’s properly checked and maintained; and making sure that all managers and staff are fully trained in how to work safely. Most significantly, the regulations state that employers have a duty of care towards their employees who work at height. This means that they are legally obliged to take every reasonable step to prevent accidents occurring at height.

This is powerful legal protection, in addition to existing workplace Health and Safety laws. If you have the misfortune to suffer this sort of accident, then you have a very strong case for an industrial injury claim for compensation, especially if these regulations have been breached. Our specialist work accident solicitors will analyse your case and help you to bring your injury claim forward. Call our accident claim solicitors today on FREEPHONE FREEPHONE 0800 1404544 for your free initial interview.