Accidents at Work

Every employer has a responsibility to their employees to ensure that the environment in which they work is safe. This includes the methods of work, the equipment and premises provided and a responsibility in respect of your colleagues performing their jobs safely. An accident can happen in all work places. Employers should make every effort to ensure that they do not.

Whilst the obligations of an employer are increasing, unfortunately, accidents continue to happen. We can help you to get compensation for the injuries caused when your employer has not taken all the necessary steps to ensure that you are safe at work.

It is important to remember that we still need to show fault. It is not enough to say merely that the accident happened at work. We need to prove that your employer was negligent. This can happen if, for example, machinery is not properly maintained or employees do not receive adequate training. If your employer does not take the reasonable steps to ensure that you are safe at work and this causes you injury then you are entitled to bring a claim for compensation. We can advise you as to the implications of an accident on your sick pay and your job. Our employment specialists can help if, following your accident, your employer does not help as they should in relation to your return to work or providing alternative work.

Our team of specialist solicitors have a broad range of experience - a significant percentage of our work comes from Trade Union clients. We will provide initial free advice about all aspects of bringing a claim, your chance of success and the potential value of your claim.

If you have been injured at work because your employer has been negligent then it is your right to bring a claim. We can help.

Head Injuries

Whilst such injuries can occur as a result of many accident types, we refer to them separately to emphasize the importance we place in the effective treatment of such injuries. We consider rehabilitation to be a key factor in handling such claims, not only the ability to maximize the level of compensation the injured party receives.

We are the only Firm in Leicestershire who are members of Headway National Head Injuries Association, an organisation which aims:- to increase public awareness and understanding of head injury; to provide information and support for those with head injuries, their family and carers; and to promote rehabilitation.

Figures indicate that approximately one million people in Britain sustain head injuries requiring hospital treatment. Advances in medical technology have meant that, of those sustaining severe head injuries, the majority survive. The effects of such injuries can have wide reaching implications on the family as well as the injured person. A head injury, resulting in damage to the brain, can affect day to day activities many of us take for granted.

We have strong links with medical experts and organisations who can assist with rehabilitation. This not only ensures a claim is handled effectively but also that every effort is put into ensuring the injured person makes as full a recovery as possible, which should improve our clients' and their families quality of life.

We offer a free initial consultation and our aim is to provide much more than simple claims advice.

Fatal Accidents

We know that such incidents will be very distressing. It is therefore important that such claims are handled sensitively and concluded as soon as is practicably possible.

Claims can include dependency issues relating to salary and pension. Our team has handled a number of such claims, establishing good links with experts such as forensic accountants who can play an integral part in ensuring that appropriate levels of compensation are received. Our Probate and Trust Department are also available to assist if the claim raises any tax implications or other such issues.

Child Accidents

A child can be injured in a variety of different situations. There are, however, certain differences in the way a claim for an injured child is dealt with as opposed to an adult.

The child will be represented throughout their claim by a parent or guardian. However, despite this the ultimate settlement of such a claim will have to be approved by the Court. The aim of this is to ensure that the child receives an adequate level of compensation for the injuries sustained, and as they are incapable of managing their own affairs a Judge must give the final approval to any award. Many people are unaware that the Courts will then order that any award made or, the majority of it, is invested by the Court until the child reaches the age of 18.

We have considerable experience of such claims, which is important when ensuring a case is presented to the Courts for approval.

Tripping and Slipping - Public Liability

Wherever you are in a public place the local authority have a responsibility to ensure that you are safe. They must keep the area in a good state of repair and have in place a system to check that paths, pavements and roads etc are not deteriorating.

If you trip because this is not being done then we should be able to bring a claim on your behalf. The first step with such a claim is to see where you fell and over what you tripped. In most cases the defect over which you tripped has to be at least 1 inch/2.5cm above or below the level of the pavement. The easiest way for us to assess whether you have a claim worth pursuing is for you to have photographs of the area where you fell. We can then advise in detail early on in the course of investigating your claim.

Tripping and slipping type accidents can also happen in premises such as shops. Again it is possible to bring a claim for injuries sustained in this way because the shops have a duty to ensure that you are safe whilst visiting their store.

Large numbers of people injure themselves in this way and we have a great deal of experience in bringing this type of claim. We can advise about your prospects of success and hopefully help you bring a successful claim for compensation.

Disease Cases

A complex and wide ranging area of personal injury. The breadth of such claims makes it impractical to consider them all here.

We do act for Union clients which has led to our handling cases of:- Industrial deafness, dermatitis, vibration white finger and asbestosis amongst others. The issues in each are usually so specific that seeking advice from someone with suitable experience is important.

Our experience means we have an appropriate register of medical experts who are able to deal with the variety of issues such cases can raise. There are often many complicated regulations governing the obligations on employers to prevent such incidences occurring which greatly assist when bringing a claim.

Criminal Injuries

As a victim of a crime of violence you may be entitled to compensation from an organisation known as the Criminal Injuries Compensation Authority (C.I.C.A.). The C.I.C.A. was established to deal with applications from victims of crimes of violence and does contain provisions which you may be unaware of and may have an affect on your entitlement to an award of compensation.

We have experience of dealing with a high number of applications made by the victims of crimes of violence and our knowledge of the Compensation Scheme available and its workings can prove very beneficial to applicants.

It is important that persons are aware of how the Scheme operates if they intend to make an application. Our understanding of the Scheme should ensure that the appropriate award for compensation is received. We, like many others, feel the Scheme does not do enough to compensate the victims of crimes of violence but, at present, we can only work within the parameters of the Scheme.

We offer a free initial consultation where the merits of making an application can be discussed.

Road Traffic Accidents

Accidents whilst people are travelling on the roads are all too common. The numbers of vehicles are increasing and, despite high profile campaigns, so unfortunately are the accidents.

Most accidents do not result in serious injuries but that does not mean that you do not have a claim. If you have been injured as a result of someone’s negligent driving then you may well have a claim that we can help you with. As well as claims by the innocent driver, claims can also be brought whether you are a pedestrian or a passenger. If it was the driver of the car in which you were travelling that caused the accident you can still make a claim. We can also bring claims against public transport companies for injuries caused by their negligent drivers.

Car insurance is required by law. If someone causes an accident then the insurance is there to pay out compensation to the injured party. If whoever was responsible for your accident, has no insurance then there is an organisation, the MIB, to whom we can apply on your behalf. If the other party has no insurance it does not mean that you cannot make a claim.

We have a team of solicitors, experienced in this type of work who have brought successful actions for people who have sustained injuries ranging from minor whiplash to serious and permanent incapacity. We can help you bring a successful claim.

Clinical Negligence

In recent years the number of claims arising out of allegations of negligent medical treatment have risen dramatically, although it still represents a small proportion of the health care treatment provided every year. Not only can these claims be extremely complicated from a medical perspective, but also in terms of the way the Law has developed to deal with such claims.

Therefore, it is vital that anyone contemplating making a claim in relation to alleged negligent medical treatment should obtain expert advice. It is important that sound advice is given in relation to the prospects of a claim succeeding, and also how such claims, which can be very expensive, are to be funded.

Our team of specialists have experience in a wide variety of medical negligence claims, having recovered damages running into many millions of pounds on more serious cases.

Our Robert Rose is one of a select panel of Law Society approved clinical negligence Solicitors. The Firm is one of the few to have a franchise from the Legal Services Commission (formerly Legal Aid Board), which may, subject to a means test, provide funding for investigative purposes or possibly even full funding where the case has sufficient merits.

We are able to offer a free initial assessment of your claim and discuss what options are available (including various types of “after the event” insurance) to enable you to pursue the matter further.

Sporting and Recreational Accidents

Recreational activities are on the increase in the UK and millions of people participate in sporting activities of some kind from football to go-karting or horse riding.

Injuries suffered when taking part in a sport or activity are often not the injured persons fault. Successful claims for compensation can be made where a school, leisure centre, club, activity organiser, referee, employer or other player are at fault.

To meet the increased level of enquires in this area Harvey Ingram Owston have put in place a specialised team of solicitors to handle claims in this developing area of law.

The team have acted on a number of high profile cases for both professional and amateur sportsmen and women and are regularly asked to comment on such cases by regional and national media.

Harvey Ingram Owston offer a free initial consultation and can provide a number of funding options including a “no win / no fee“ agreement .

If you prefer to speak to a member of the team straightaway please contact Kathryn Hart or Robert Rose.

Motorcycle Accidents

BikerResolve is a service provided by Harvey Ingram.

Our aim is to minimise the stress and inconvenience after an accident and work with you to progress your compensation claim effeciently.

Even if you have existing legal cover through your insurance, you have the right to choose which solicitor you use. So why not choose somebody local, who can deal with you face to face and who understands what you are going through - because we are bikers too.

If you have had an accident in the last 3 years - call BikerResolve for personal professional advice from people who know what they are talking about.

Visit www.bikerresolve.com or call Becky Dewick on 0116 257 4474 or e-mail becky@bikerresolve.com.