Personal Injury Claims
7 April 2020
Personal Injury Claims
We help Union members who have been injured when at WORK, on the ROAD or in a PUBLIC PLACE
Types of Cases
Lifting and carrying
Slipping on wet floors
Tripping
Falls from heights
Accidents involving machinery
Road traffic accidents
Types of Injuries
Back and Neck injuries
Burns
Head injuries
Crushed limbs
Broken bones
Cuts and Scarring
ACCIDENTS AT WORK
Is your employer or another employee at fault for your accident? If so you may be entitled to compensation.
DUTY OF CARE
The employer has a duty to
1.Maintain the work place, work equipment and systems of work
They have to provide.
They have to provide.
• safe access through the workplace ie: keeping rubbish off floors, providing designated walkways and ensuring floors are in good condition
• appropriate temperature in work – not too hot or too cold
• good lighting in the workplace
• work equipment that is well maintained and in a safe condition for use.
2. Assess the Risk of Injury
They have to make a suitable and sufficient assessment of the risks to Health and Safety of employees.
3. Provide Personal Protective Equipment (PPE)
If there is a risk of injury and that injury could be prevented by using PPE the Employer must ensure suitable PPE is provided.
4. Avoid the need for Manual Handling
The employer has to avoid the need for manual handling if possible but if not possible they have to reduce the risk of injury by training or ensuring help is provided to lift.
CASE STUDIES
A member was at work when he was struck by a piece of broken equipment. The member was medically retired early resulting in loss of earnings and loss of pension. Damages awarded: £225,000.
A member was walking through the workplace and slipped on water that came from a hole in the roof. He was knocked out and sustained a head injury. Damages awarded: £30,000.
A member was lifting a spring-loaded tail lift, the spring was broken causing the tail lift to be heavier than expected. The member injured his shoulder. Damages awarded: £15,000.
A member was walking through the workplace when he slipped on ice. He fell injuring his hand. Damages awarded: £12,500.
A member was clearing a blockage in machinery at work when the machine suddenly started operating. He sustained a crushing injury to his hand. Damages awarded: £20,000.
A member was hit by a forklift truck he was directing. He sustained injury to his ankle. Damages awarded: £37,500.
ROAD TRAFFIC ACCIDENTS
Have you or a member of your family been involved in a road traffic accident that was not your fault?
Donnelly & Kinder have extensive expertise in helping members and their families who have been injured in a road accident through no fault of their own or where the accident is partially their fault. We also help to claim compensation in circumstances where the party responsible for the accident is uninsured or even untraceable, for example in a hit and run scenario.
Donnelly & Kinder deal with all kinds of Road Traffic Accident including:
• Car Accidents
• Motorcycle Accidents
• Work related vehicle accidents
• Bicycle Accidents
• Pedestrian Accidents
• Passenger Accidents
We aim to reduce the stress following an accident by providing a holistic approach to each claim.
Our services are entirely tailored to each case and might include:
• Arranging medical treatment.
• Commissioning an assessment of damage to your vehicle.
• Securing vehicle repair or replacement.
• Seeking compensation for any injuries sustained.
• Recovering any loss of earnings.
• Recovering any out of pocket expenses such as private medical treatment.
In all cases we aim to recover compensation for our clients as efficiently as possible so that they are able to put the accident behind them quickly.
CASE STUDIES
A member was knocked down when walking to work and sustained serious leg injuries. Police didn’t investigate properly and the insurers denied liability. Donnelly & Kinder lodged a complaint to the Police Ombudsman which resulted in the police officer being disciplined and insurance company accepting liability. Damages awarded: £57,000.
A member was riding his bicycle along a cycle path that was covered in mud. His bike skidded and he fell off injuring his shoulder. Damages awarded: £10,000.
A member was driving a work vehicle when the windscreen fell in on him. He injured his face, neck and back. Damages awarded: £17,500.
A bus driver member was driving his bus around a roundabout when he was hit by a car. He sustained a back injury. Damages awarded: £7500.
A member on his bike was stationary in the middle of road waiting to turn right when a car overtook him and hit the member as he proceeded with his right turn. Damages awarded: £20,000.
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