Wafer Phillips Solicitors | RTA and Accident Solicitors in Liverpool

Wafer Phillips is a specialist accident solicitors based in Croxteth. We can assist with a range of claims, from road or work accident to clinical or medical negligence. Let us help you.

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Tel: 0151 256 7898 · Fax: 0151 226 9817
Email: enquiries@waferphillips.co.uk

How to make a claim for a workplace injury

What is classed as a workplace injury?

The Health and Safety Executive (HSE) defines a workplace injury as ‘an event that results in injury or ill health’. As such there is no definitive workplace injury scenario. A worker in a library can injure themselves by falling off a ladder, an industrial cleaner can be harmed by chemicals used in the cleaning process and a builder can trip up on a cable. Anything can happen in the workplace, especially if safety is not made a priority.

Basically, employers are legally obliged to look after those who work for them. They must ensure that everything has been done to make the work environment as safe as possible. If the employer fails in their duty of care which has led to injury, then there is the possibility of compensation. Employers must by law have employee liability insurance to ensure that they can make a pay out if they are held responsible.

Continue reading “How to make a claim for a workplace injury” »

Why should you use industrial disease solicitors to make a claim?

Employers have a duty of care to  protect the people who work for them, so if illness occurs as the result of someone’s occupation, they could have the right to compensation.

What is industrial disease?

If someone becomes sick as the result of substances or unsafe conditions they are working in then these are what is termed industrial diseases. And it doesn’t just cover illness. Long term injury caused by poor workplace practices can also be considered an industrial disease.

Industrial disease solicitors have been trained to identify the kinds of conditions and illnesses that have resulted from bad workplace practice as some are less obvious than others.

Asbestos related illnesses such as mesothelioma, asbestos related lung cancer, asbestosis and pleural thickening, cancers such as skin cancer, nasal cancer and bladder cancer caused by someone’s occupation as well silicosis and a number of respiratory illnesses could all potentially result in a compensation claim.

Other industrial diseases include:

  • Carpal Tunnel Syndrome – Occurring where the person’s work involves regular use of percussive or vibrating tools.
  • Cramp of the hand or forearm – This is due to work that involves prolonged periods of repetitive movement of the fingers, hand or arm.
  • Occupational dermatitis – Which happens where the person’s work involves significant or regular exposure to a known skin sensitiser or irritant.
  • Hand Arm Vibration Syndrome – Caused by work which involves regular use of percussive or vibrating tools, or holding materials subject to percussive processes, or processes causing vibration.
  • Occupational asthma – This is where the person’s work involves significant or regular exposure to a known respiratory sensitiser.
  • Tendonitis or tenosynovitis – Occurs in the hand or forearm, where the person’s work is physically demanding and involves frequent, repetitive movements.

https://www.hse.gov.uk/riddor/occupational-diseases.htm

Who is liable for industrial disease?

Every employer has a duty of care to protect their employees from harm. Where employers have failed in that duty, and a person suffers an industrial disease as a result, then they are liable. Under the 1969 Employers’ Liability (Compulsory Insurance) Act, most employers are obliged to have at least £5m of employers’ liability insurance.

Why should you use industrial disease solicitors to make a claim?

It’s highly likely that an industrial disease will take many years to develop, which makes industrial disease claims more complex.

It all comes down to proving that the disease or condition was a result of the person’s occupation and therefore expert evidence could be needed to prove a link between the illness and employment. This is the main reason why it is important that you choose experienced industrial disease solicitors when launching an  industrial disease claim.

If you believe that your health has suffered because of your occupation and you would like to discuss a possible claim with experienced industrial disease solicitors then we are here to help you. Check out our Industrial Disease page for more information.

Can I claim for falling on ice at work?

Who hasn’t slipped on the ice and snow during the winter months? Most of the time the only thing that is injured is our dignity, however when it happens at work…well, it really shouldn’t.

You might not be aware that your employer should have worker safety at the heart of their business and that includes ensuring everything has been done to minimise the risk of falling on ice. If an employer doesn’t put certain systems in place to make sure you’re protected when it’s icy, then they could be liable for any injuries you are subjected to as a result.

Icey path

Is it my employer’s fault if I slip on ice at work?

If you are arriving or leaving your workplace and you slip on the ice causing yourself to be injured, your employer must have taken all steps possible to ensure that you are working in a safe place and that there are no slipping hazards…anywhere.

This includes outside areas, such as the entranceway and employee car park, places that you might have to go to access your place of work.

The definition of workplace can also include a location that is not actually on the employer’s premises but somewhere you might be visiting as part of your job.

A successful claim for falling on ice at work comes down to a duty of care and the strength of liability against the people or authority responsible for the area in which the individual fell.

What this means is, if you slipped on the ice and snow in the street and suffered a broken leg, it is unlikely you’d be able to prove sufficient liability against the local authority highways department to win a compensation claim. But if you are at work and if you have been injured as a result of slipping on ice, you may be entitled to make a claim.

Your employer cannot influence the weather and stop snow and ice from occurring but they can take steps to make sure this does not result in a workplace accident and if they fail to do this, they are considered responsible for your accident.

To minimise risks your employer should:

  • Ensure the areas used by those arriving for and leaving work are identified as at risk, so they should flag up areas such as the entrance to the building, car parks, shortcuts etc.
  • They should use grit or salt to prevent ice from forming.
  • Introduce signage so that people are made aware of walkways that are less slippery/hazardous.

Falling on ice at work can result in serious injury. Here are some examples of what could happen if you fall on ice at work:

  • Broken bones
  • Concussion
  • Bruising and other types of traumas

What steps do you need to take if you fall on the ice at work

1. Ensure you get medical attention

  • The medical report will be important if you wish to make a claim, so even if your injuries are minor you need to call in a doctor or the emergency services. There can be instances where your injuries appear to be non threatening but develop into something more serious, so never play it down and say everything is OK.

2. Tell your employer

  • Make sure that you report the incident officially to your employer.

3. Write it down

  • A written record of the fall is also a good idea. Do this as soon as you can while the incident is still fresh in your memory.

4. Take pictures

  • Get a photographic record of where it all took place and also of the injuries you’ve sustained.

5. Obtain witnesses

  • It’s a good idea to write down the names of anyone who witnessed what happened.

Talk to us

If you are in an accident at work and you believe it is because your employer didn’t clear away a path in the ice and snow, or fail to signpost the hazards then you may be entitled to compensation for your injuries. You may actually be reluctant to do this, fearing that you could lose your job if you make a claim but be assured that the money you receive will be paid by the insurance company.

Also, if your employer did dismiss you as a result, they would be acting illegally and would have to pay you compensation for unfair dismissal.

Finally,  if you have fallen on ice at work and believe you might have a claim you can always contact us for free initial advice. Just click on the link and find out more

Unfair Dismissal – Do I Have A Case?

Getting the sack from your job can be a hugely distressing and sometimes humiliating experience, especially when you believe you’ve done nothing wrong to warrant being fired. 

Fortunately, you are protected by law if your employer did not have fair reason to dismiss you or if you did have fair reason but handled your dismissal using the wrong procedure. 

To assess whether you have a case perhaps it will help if we first outline causes for fair dismissal. These Include: 

● You’ve been made redundant 

Your employer needs to prove that your role no longer exists before you’re made redundant but once that is  established you’ll be offered compensation according to your length service and terms of contract. 

● You can’t do the job 

An employer can dismiss you if you are not capable of doing the job, for example if you lack the qualifications or are ill but before they do that they need to offer you extra time and support to help you reach the expected performance level. 

● Misconduct 

This covers a wide number of things, from stealing from your employer to refusing to follow management instructions. And the misconduct doesn’t have to happen in the workplace. Think of the man who this year harassed Chief Medical Officer, Professor Chris Whitty. He was immediately dismissed from his role. 

● A legal reason 

Maybe you have lost your right to work in the UK. This would be a legitimate cause for dismissal. 

● Some other substantial reason

This means your employer has to have a very good reason for giving you the sack. There can be other reasons too, why your dismissal will be considered fair, which is why it is  always best to  get an expert opinion. 

Unfair dismissal 

If you’re pretty sure that none of these reasons apply to you, or do not follow the company’s  formal disciplinary or dismissal process then maybe you have a case for unfair dismissal. 

There are certain instances where it is absolutely clear that you have an unfair dismissal case. These  are categorised under automatically unfair.  

    It’s always ‘automatically unfair’ if you’re dismissed because you: 
  • Are pregnant or on maternity leave. 
  • Have asked for your legal rights at work, e.g. to be paid minimum wage. 
  • Took action about a health and safety issue. 
  • Work in a shop or a betting shop and refused to work on a Sunday. 
  • Are a trade union member and took part in trade union activities including official  industrial action or you were acting as an employee representative. 
  • Have reported your employer for wrongdoing, (whistleblowing). 

Other reasons that might be considered include: 

  • You asked for flexible working hours. 
  • You refused to give up your rights during work such as taking rest breaks. 
  • Needed time off for jury service. 
  • Applied for maternity, paternity or adoption leave. 
  • You were on maternity, paternity or adoption leave. 
  • Tried to enforce your right to receive Working Tax Credits. 
  • Were forced to retire – compulsory retirement is not allowed unless your employer can objectively justify it. 
  • You have been discriminated against.

You might be discriminated against if you are: 

  • Pregnant or on maternity leave. 
  • From a particular race, ethnicity or country. 
  • Married or in a civil partnership. 
  • A man or a woman. 
  • Disabled. 
  • Lesbian, gay, bisexual. 
  • Transgender. 
  • Have a particular religion or set of beliefs. 
  • Older or younger than the people you work with. 

You can be dismissed if you fall into one of these categories but it cannot be the reason why you are  being sacked.  

Constructive dismissal 

Constructive dismissal is different from unfair dismissal. It is when you’re forced to leave your job  against your will because of the conditions you have to work under. The reasons you cite must be  serious and may  include: 

  • Not being paid or getting demoted for no reason. 
  • Your employer forces you to accept unreasonable changes in the workplace, for example they may make you work night shifts when in fact you only signed up to work days. 
  • Your employer allows you to be bullied or harassed by other employees in the workplace. 

If you have a case for constructive dismissal you should immediately quit your job as your employer could argue that by staying you agreed to the conduct or treatment. 

What should I do if I think I have a case for unfair dismissal? 

You can begin by talking to your employer to sort out the dispute. 

If your employer does not resolve the situation you can challenge it by appealing through the employer’s appeal process. They should tell you how to do this. If you want to take things  further then you can make a claim to an employment tribunal.   

You need to have: 

  • Employee status and have worked for the employer for two years unless you’ve been dismissed for an ‘automatically unfair’ reason – then it does not matter how long you’ve been in their employment.
  • A claim must be made within 3 months less one day of the dismissal. 
  • You must tell Acas first that you want to make a claim. Acas will offer the option of  ‘early conciliation’, a free service where Acas talks to both the employee and employer. It gives  them the chance to come to an agreement without having to go to tribunal. 

What are the laws surrounding unfair dismissal? 

Workers are protected under the Employment Rights Act 1996 from being sacked or chosen unfairly  for redundancy. 

The Act covers areas such as unfair dismissal, redundancy payments, protection of wages, zero hour  contracts, Sunday working, suspension from work, flexible working and termination of employment. 

If you feel you are a victim of unfair dismissal Liverpool and want to discuss where you go next then  we are here to help. Our experts in employment law will assess whether we can take your claim forward and discuss your options, so please don’t hesitate to get in touch with at:    

How can slips,trips and falls be prevented at work?

Slip, trip and fall accidents are amongst the most common in the workplace and while they can’t be avoided altogether there are ways to minimise the risks for employees.

Slip injury

Under section 19 of the 2005 Safety, Health and Welfare at Work Act, employers are required to carry out risk assessments and this has had the effect of significantly reducing the numbers of workplace slip, trip and fall accidents but if employers are found to be negligent in certain ways, then they can be liable.

Basically, if an employee suffers an injury at work then according to UK health and safety laws their employer can be held responsible. Legally, employers must carry out a risk assessment to identify the possible dangers their workers could face and put in place measures to control the level of risk. This includes that of slips, trips and falls.

Employees also have a responsibility for their own safety

This they can do by remaining vigilant and keeping the workplace tidy. They should be encouraged to always report potential hazards and near-misses. It’s vitally important for employees to be proactive about safety and check their work area each and every day before they start and at regular intervals whilst they are working.

The reality of accidents at work

The shocking truth is that slips trips and falls currently cause almost a third of non fatal injuries in the workplace while falls from height are the biggest cause of death of workers in the UK.

There are a number of reasons why they might happen and the health and safety executive (HSE) has a slip potential model as a guide which can be accessed here: https://www.hse.gov.uk/slips/preventing.htm

Of course human error is always a factor and the accident could be caused by something as simple as a worker not paying attention, however, even in this instance it might not be their fault. For example, a person might not be paying attention because they’ve been distracted by something in the workplace that is the fault of the employer.

How do these accidents happen?

Slips trips and falls can be caused by anything, from something as simple as a wet floor, to employers not providing the correct equipment.

Here are just some ways they could happen:

  • Floors could become contaminated by an oil spillage for example.
  • Loose rugs or mats.
  • Routes may be blocked.
  • Damaged  or uneven flooring might be a trip hazard.
  • Floors might get wet during cleaning.
  • There might nor be enough lighting.
  • Plant and equipment may not be properly maintained.
  • Staff may not be provided with the correct footwear such as slip-resistant boots (if it is PPE it must be provided free of charge).
  • Trailing cables.
  • Bad organisation for work, meaning that people are rushing around all the time.
  • Stairs without handrails.
  • Distractions that might prevent workers to see where they are going.
  • Precautions not taken when working at height and using ladders.
  • No protective equipment such as proper headgear

Who could have a STF accident?

The answer is almost anyone. And you don’t have to work in a hazardous industry such as construction for it to happen.

If an employer hasn’t conducted a proper risk assessment then they could be liable if a worker injures themself.

They should also assess who is most at risk such as the young, the elderly, the infirm, those with a disability, pregnant women, or those who may be carrying items and then take the necessary measures to prevent or control (minimise – where prevention is not possible) the risk of slipping or tripping.

Also employers should record and review potential hazards periodically and when there has been any significant change. Research has established that on average, there will be about 40 cases of a slip or stumble resulting in either no injury or only a minor one for every major injury which occurs but employers should encourage staff and visitors to record all slips and trip incidents as these may just  signify that a more serious accident is waiting to happen.

The  HSE has a free online learning tool, called the Slips and Trips eLearning Package, referred to as ‘STEP’ . This is designed for both employers and workers in all sectors, providing help on assessing and managing slip and trip risks in the workplace.

Workers who believe their employer has been negligent or breached their statutory duties by for example not carrying out a proper risk assessment, can pursue injury claims for accidents and here at Wafer Phillips we have experts in employment law who can help you with your claim.

Anyone who thinks they’ve been impacted by those standards not being upheld can contact us at www.waferphillipssolicitors.co.uk

Why taking a pre medical offer is a bad idea

What is a pre medical offer?

If you’ve had an accident, maybe an RTA or been injured in the workplace you may find yourself in the position of having to decide whether to accept a pre medical offer.

A pre medical offer (or pre med offer) is something made by the defendant’s insurance company on admitting liability for the accident and it is normally done prior to any medical report being made.

Now while accepting compensation without a medical report sounds rather foolhardy, it’s a tactical move which some insurers are making in the hope that they can avoid a lengthy and costly claims process. And that might be the reason you’d take one up. After all, some cases can go on for years. You may just want to take the money and run.

However it has more value for the insurer than the injured party, as it means saving money in damage and also legal costs, which if the case runs over a number of years could be colossal.

Bear toy with a bandage on

What is a medical report?

If you make a personal injury claim for the injuries that you have sustained in a road traffic accident, an accident at work or a trip or fall in a public place, you need to undergo a medical assessment conducted by an independent medical expert. This is paid for by the defendant’s insurer.

This assessment will determine:

  1. An exact diagnosis of injuries or illness.
  2. Exactly how long your recovery is likely to take.
  3. How serious the injuries are.
  4. Whether there are any long term implications for your health
  5. Ongoing rehabilitation and medical treatment that might be needed.

A medical report equips your solicitor with the means to be able to work out how much your compensation settlement might be and to negotiate with the insurance company to ensure that the money offered is appropriate to your needs.

Why agree to a pre medical offer?

  • You won’t have to attend a medical.
  • You’ll receive a settlement much quicker.
  • There’ll be no need to attend court.

However, as tempting as this sounds you will most likely receive less compensation than you’re entitled to have and you may also not be able to recover other losses such as travel expenses and loss of earnings as well as any money you might need to help with the rehabilitation and recovery process.

It is worth noting that if you do accept a pre medical offer you cannot claim anything else in the future. So, for example, an accident in the workplace becomes a long term condition for which you need care, you cannot then go back and demand further compensation.

What if I reject a pre medical offer?

If you decline the offer, then it no longer exists. You cannot accept the offer later if you refused it or if the other party withdraws the offer. While there is often a follow-up offer, you cannot be sure you’ll actually receive one.

The verdict

When a pre medical offer is made, you’re expected to take a very important decision without any evidence that it will be the correct one for you. The purpose of a personal injury claim is so that the person who has suffered will be able to return to the position they were before the accident had never occurred and if that’s not possible then award them enough money to make any necessary adjustments to their life achievable. Without medical evidence that just isn’t possible.

So while the immediacy of a pre medical offer seems great at first, there is a real risk that by accepting one you will not achieve the full amount of compensation to which you are entitled.

The only way to get the right amount of compensation is to prove your personal injury claims to the standard required at court. This means: obtaining medical evidence by a qualified doctor, who is instructed by an independent firm of solicitors and who represent the interests of the injured person, not the responsible party.

Most legal experts agree that pre medical offers are made for the benefit of the insurers not the benefit of their client and while the claims process may take longer you will profit far more in the long run. If you have had an accident or are unsure about accepting a pre medical offer and need the help of an experienced solicitor, we at Wafer Philips solicitors are here to help.

Most common workplace injuries

According to National statistics, published by the Health and Safety Executive, 581,000 workers self-reported injuries sustained at work during 2018/19. 

Hundreds of thousands of accidents occur in the workplace every year that can trigger a sequence of events which impact people’s lives for long periods of time. It has never been more important for precautions are taken in the workplace to help avoid these accidents which is why here we will be discussing the most common workplace accidents and injuries.

Slips, Trips & Falls

In the UK, 37% of all reported workplace injuries were as a result of a slip, trip or fall, with 28% of all fatalities in the workplace being caused by a slip, trip or fall. It is one of the most commons ways in which individuals injure themselves at work as throughout all industries, you are likely to encounter slippery surfaces. There are a range of other settings that can also put individuals at risk of falling when working from heights, particularly when working with ladders, platforms, and scaffolding.

Falling Objects

Falling objects can result in blunt force trauma that can cause severe injuries leaving employees unable to work for weeks and months at a time. Again, this can occur in a range of work settings with objects falling from shelves or cupboards but most notably in the construction industry with nearly 17% of all job site related deaths being attributed to objects falling or striking employees.

Road Traffic Accidents

It is estimated that up to a third of all road traffic accidents involve someone who is at work at the time which may account for over 20 fatalities and 250 serious injuries every week. These statistics may appear shocking but injuries from crashes and collisions are increasingly common at work. This could include construction site vehicles such as forklifts, tractors and cranes as well as cars and lorries which can all result in life changing injuries. 

Car with damaged headlight

Loud Noises

Prolonged exposure to loud noise in the workplace is still prevalent in 2020 and can cause temporary or even permanent hearing loss as well as other hearing problems such as tinnitus. Although Industrial deafness is on the decline since safety measures such as ear protection have been implemented, some workers continue to be exposed to loud noises whilst working. One study suggests that workers who are regularly exposed to noise levels of 100 decibels (equivalent to standing next to a lawnmower), were at more than double the risk of being hospitalised due to a workplace injuries. 

Toxic Exposure

There are an estimated 13,000 deaths each year linked to past exposures at work, primarily to chemicals or dusts. While the majority of people won’t work in environments that expose them to harmful and dangerous chemicals, there are many that can be at risk of injuring their eyes, skin and internal organs through inhalation. Without the proper personal protective equipment, accidents and injuries can and will occur in the workplace. 

Muscle Strains

During 2018/19, 6.9 million working days were lost due to work-related musculoskeletal disorders. Without adequate training, muscle strains can develop over a series of weeks or months if workers are required to regularly lift heavy objects. These strains can quickly progress into long term ailments if not addressed and if proper lifting techniques are not implemented. 

teddy bear with plasters and bandages over its body

Cuts and Lacerations

Every year, roughly 30 percent of all workplace injuries are from cuts and lacerations and 12 percent of those were strictly to the hands. These injuries can be sustained from anything from power saws to paper trimmers but often stem from insufficient protective equipment, poor training and a lack of safety procedures. 

Workplace Fights

Although it is natural for employees to not be the best of friends, these tensions can often boil over into a physical altercations if not dealt with. Fights can quickly turn extremely violent and cause employees to sustain nasty injuries and according to HSE statistics, in 2018/19 there were 739,000 incidents of violence in the workplace.

Repetitive Strain Injuries 

According the research, 1 in 50 (half a million) of all workers in the UK have reported an RSI condition. RSI is an increasingly common workplace injury that often goes unnoticed and dismissed by employers as it is not a visible ailment. The repetitive motion of certain tasks can put strain on the joints and muscles, causing temporary or even permanent damage. This can be as a result of simply sitting at your keyboard but can extend to tasks as strenuous as repetitively lifting heavy objects. 

Walking into objects

We are only human which means walking into objects in the workplace is bound to happen at some point. Whether we are distracted or unaware of the object, you can quickly find yourself in pain after coming into contact with a sharp table edge, a glass wall, a door or office furniture. Often the injury is minor, but these unnecessary hazards should be moved or have signage to warn employees.

At Wafer Philips, we understand that being the victim of a workplace injury can be a particularly difficult and upsetting time, which is why our team is here to help. Our injury claim solicitors can help to support you through filing a compensation claim; helping to fill out injury forms, deal with any worker/private insurance companies and ensure that you are receiving the correct medical treatment. 

Your solicitor will be with you through every step of the process and continue to work hard to win you the settlement you deserve at the end of the case.We adopt a no win no fee policy; there are no hidden charges for you to worry about, and all costs are covered by the insurance which we arrange. If you or someone you know has recently been a victim of a workplace injury, don’t hesitate to contact us today on 0151 256 7898 for a free initial consultation.

 

Wafer Phillips Solicitors