Slipping Accidents At Work

Slipping in their duty – the employer’s responsibility to keep workers safe

2010 seems to be the year that the Health and Safety Executive (HSE) plan to clamp down hard on preventable accidents in the workplace. Through issuing a series of press releases, the agency hopes to draw attention onto the most common causes of work related accidents and injuries – slips, trips and falls from height.

A Stark Reminder

Just taking London as an example shows just how much of a problem the situation really is. In 2008-9, 14,576 people were killed or injured in their workplace, resulting in a loss of 1.7million working days and a series of compensation claims and prosecutions against companies that failed in their duty of care. The impact, not just on individuals and their families but on the economy too, is enormous. And nearly all of these accidents were entirely preventable.

The HSE believes that every employee has the right to work in a safe environment. Although our HSE laws may sometimes seem a little draconian, they are there for a reason – to keep people safe at work. Something as simple as a wet floor with no warning signs can cause a serious injury as the result of a slip or fall, and responsibility ultimately lies with the employer or business owner to prevent this type of common accident.

The construction industry still leads the field in work-related deaths and serious injury, mainly from falls from height. Although recognised as a dangerous environment, employers still have a responsibility to ensure that their worker’s safety is a priority. ‘Cutting corners’ to save a few pounds can easily lead to tragic consequences, particularly when time is of the essence and deadlines have to be met. Even then, there is no place for complacency, particularly when a situation that could be safe is made more hazardous through overlooking basic HSE legislation. It is this ’slapdash’ approach that the HSE will be focusing on during 2010, and companies have been warned.

Worker’s rights

Any injury or illness at work that can be directly attributed to employer negligence is justification for a compensation claim. Not only does this compensate the worker or their family for injuries and loss of earnings, but it also serves as a useful reminder to the organisation that they have failed in their basic duty of care obligation and allowed a situation to arise that was entirely preventable.

By bringing a claim against an employer, the injured party may be helping to prevent anyone else having to suffer the same injuries (or even worse) by putting the spotlight firmly on an avoidable hazard. It is often the only way that some employers can be reminded of their responsibilities and hits them where it hurts most – in their pocket.

As the country struggles to climb out of recession and jobs are precious, many will be worried that bringing a claim against an employer could mean the end of their job. This is not the case. Any employer who discriminates against an employee bringing a righteous claim can be brought to account a second time at an Industrial tribunal – not a situation that any employer wants. So the message in 2010 is – don’t be afraid to remind an employer of their responsibilities. Health and safety is everyone’s concern; employers, workers and the governing agencies. Through co-operation and compliance, 2010 could be the year when the horrific statistics of deaths and injuries at work start to drop dramatically.

School Accidents

Making Schools Safe For Teachers

School is supposed to be a completely safe environment, protecting the nation’s children against harm. But what about the safety of those who work in schools, and just how safe are our educational establishments?

Every environment has its hazards

Even in the relatively safe environment of the classroom, there are hazards. Over the last three years, school staff in one area of the UK – Sunderland and County Durham – have won almost £300,000 in injuries compensation claims. If you then consider that this is just one small area of the country, you can estimate just how many accidents that result in compensation payouts occur across the UK every year.

Of that small sample area, the largest payout was for one of the more modern working illnesses – stress. Other claims were for injuries sustained from lifting heavy furniture, trips, slips and falls, injuries caused by falling objects and even a back injury caused by overstretching to secure a roller shutter.

The National Union of Teachers, quick to dismiss recent press reports of seemingly trivial incidences, has stressed that its members and the union itself only pursue claims where it is clear that an employer has been negligent. And this in itself is probably the most important consideration. Whilst many councils (and privately owned schools) meet strict health and safety guidelines concerning the safety of the children, teachers’ employers must also realise that this duty of care also extends to the adults who work within the education system. A less than stringent approach to maintaining a safe working environment for teachers and staff should be treated in the same way as within any other working environment – swiftly and with the full force of the law.

Training Teachers

Teaching is more than just a job; it’s a vocation. Those who go into teaching don’t do it for the money, but that does not give those who run the schools the right to assume that conditions should be any less safe as a result. Teachers and school staff have the same rights as everyone else, including the right to work in a safe and healthy environment. This means that those who run the schools – the local council, education authority and, in some cases, commercial enterprises – have a duty of care to all members of staff to protect them from unnecessary and preventable accidents.

Something as simple as a wet floor can cause a serious injury. If that wet floor does not have a warning sign in place, the school could be held responsible for any injury as a result, including injuries to teachers or staff. Making staff aware of their responsibilities to avoid creating potentially dangerous situations is a matter of training and instruction, but it is also a matter of instructing those who run our schools to treat them in the same way that any other employer treats their working environment.

Mention ‘accidents at work’ to most people and the last environment most would even contemplate as being hazardous would be a school. But in the same way that factories and workshops have the potential to house dangerous situations, so do schools. And those who work in schools and colleges have exactly the same rights as every other worker in the UK. The money spent on compensating injured teachers could be put to far better use improving the overall educational standards of the UK’s schools. Perhaps it is about time that accidents in supposedly ’safe’ environments were taken a little more seriously, and that health and safety legislation designed to protect workers in other occupations was given the same gravitas in schools.

Road Traffic Accident Claims

When A Road Traffic Accident Becomes An Accident At Work

The vast majority of injury compensation claims comes from road traffic accidents. Thousands of people every year claim for whiplash injuries, injuries as a result of car crashes and even slips, trips and falls on the road. But there is also another side to this story – road traffic accidents that can also be classed as ‘accidents at work’.

Roads Are A Workplace For Many

The UK’s road system is under constant repair, and for those whose job it is to repair and maintain the highways, theirs is one of the most dangerous working environments imaginable. But if the correct procedures are not adhered to and all health and safety guidelines not stringently met, it’s not just road repair workers who are at risk – the public is in jeopardy as well. A recent court case has highlighted this in stark relief, where a motorist died as a result of hitting an unlit contractor’s vehicle parked at the side of the M6 in Cumbria in 2004. Inconsistency in how the road was coned off caused confusion amongst motorists, which eventually led to the fatal crash.

Over the past seven years, 11 people have been killed in incidents relating to the construction and maintenance of roads. Strict legislation relating to the safety of both workers and the public exists under the Health and Safety at Work Act 1974, which apply universally to all businesses, no matter what their operation. The Health and Safety Executive (HSE) has made it clear that those involved in roadworks have a responsibility not only to the workers themselves, but to the public as well, and should ensure that they do everything possible to ensure the safety of everyone using the roads. This includes vehicle maintenance and even depositing mud and detritus on the road surface.

Who’s Responsible?

The bottom line is that the construction company undertaking the repairs is responsible for ensuring that roadworks are clearly signposted and coned. If you have an accident as the result of poorly marked roadworks, then you are entitled to pursue a compensation claim against the construction company direct.

The first thing to do is to try and gather as much evidence as possible to support your claim, including photographic evidence, witness statements and the condition of the road itself. It may also be worth investigating if there have been any other incidences at the same spot that can be directly linked to the condition of the roadworks. All of this will add to your case and will assist your solicitor in pursuing any claim for injury or damage to your vehicle.

The same rules apply if your accident involves a collision with a works vehicle. If that vehicle is not correctly maintained, then it is the responsibility of the company and not specifically the driver. As a result, a compensation claim would be made against the company that owns the vehicle, rather than the individual driver. Again, it’s the evidence that counts, and specialist legal advice should always be sought if you are making such a claim.

Total UK personal debt at the end of April 2010 stood at £1,460bn, reveal the latest debt statistics from Credit Action.

The twelve-month growth was 0.8%. Individuals owe more than what the whole country produces in a year.

Total lending in April 2010 rose by £0.4bn; secured lending increased by £0.5bn in the month; consumer credit lending decreased by £0.1bn (total lending in Jan 2008 grew by £8.4bn).

Total secured lending on dwellings at the end of April 2010 stood at £1,239bn. The twelve-month growth rate fell to 0.9%.

Total consumer credit lending to individuals at the end of April 2010 was £221bn. The annual growth rate of consumer credit fell by 0.2% to – 0.1%.

Average household debt in the UK is ~ £8,761 (excluding mortgages). This figure increases to £18,252 if the average is based on the number of households who actually have some form of unsecured loan.

Average household debt in the UK is ~ £57,915 (including mortgages). If you add to this the March 2010 budget report figure for public sector net debt (PSND) expected in 2014-15 (excluding financial interventions) then this figure rises to £113,709 per household.