In February 2009, Mr Hashim was helping to fix a new advertising sign to the roof of the garage and was asked to climb on the roof to do this. Once the work was finished, he made his way back across the roof to the ladder when the skylight gave way. He fell 4 metres and landed on a concrete floor in the MOT bay below. He did not regain consciousness and died two weeks later in hospital.

The HSE investigation found Mr Hashim had been warned about the fragile roof by the owner of the company and no action was taken to keep him safe by preventing him accessing the area.

Speaking after the hearing, Matt Greenly, the investigating inspector at HSE, said:

“It’s almost unbelievable that Mohammed Hashim was asked to climb onto the roof when the owner of Quality Exhaust knew it wasn’t safe.

“It simply isn’t good enough to warn someone about a danger if no action is taken to prevent it. The company should have found another way of installing the sign without putting lives at risk.

“Instead, Mr Hashim has sadly lost his life because not enough thought was given to his safety while he was working for the company.”

Quality Exhaust Supplies and Fitting Service Ltd pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974. The company was fined £15,000 and ordered to pay £3,000 in prosecution costs on 16 February 2012.

We are pleased to announce that we are now an APIL accredited practice. As an accredited firm, we will provide you with legal assistance if you have had a personal injury, or contracted an illness or disease caused by someone else’s negligence. We make commit to:

• Act in your best interests at all times
• Always give clear and honest advice with your welfare in mind
• Keep up to date with all the latest legal developments to help deal with our cases successfully
• Ensure that all staff are provided with training opportunities to improve their skills and knowledge, and meet the needs of our clients
• Maintain our consistent high standard of client care throughout the firm

APIL accreditation is overseen by an independent Academic Quality Council, and the scheme has been running since 1999, so it is well-established, with great credentials.

The Prime Minister is expected to discuss raising the threshold on whiplash claims, including: the setting up a panel of experts to sign off whiplash injuries, introducing an impact speed limit of 15mph below which a whiplash injury cannot be claimed and imposing a financial threshold to as a deterrent for ‘nuisance’ claims.

Insurers will call for better training, zero alcohol limit for young drivers (who currently pay the highest premiums as they are statistically more likely to crash), and are expected to demand a statutory reduction in the fixed legal fees paid to personal injury lawyers as part of a wider ban on referral fees.

As to the impact on premiums? I think it would be naive to say that a reduction in the number in whiplash compensation claims would actually result in a reduction to premiums. Insurers will just find another reason to keep their premiums high to ensure a profit and in the meantime, the government will take steps to restrict people’s access to justice…again.

Chloe Shivraj, Graduate Member of ILEX

If you or a member of your family have been involved in a road traffic accident and would like a free, no obligation discussion, contact us direct on 0800 2800 094 or complete our contact form and one of our RTA team will get in touch with you.

Having been established in April 2010, the portal was designed for low value RTA claims (up to £10,000) and there are concerns that the government has not factored in the reality of the difference in the nature of cases that are greater in value than the portal currently allows for. No comments have been made as to whether the portal will be adapted to reflect this.

In addition, the government has made no comment on the potential increased costs relating to this. They seem to be suggesting that solicitors undertake the same work for a case that is worth £25,000 as they would have for £10,000. This has the potential to put a Claimant, whose claim falls between £10,000 and £25,000 at a disadvantage and potentially be undercompensated as there is a risk that some firms (those of less integrity) that will treat cases in a more commercial manner.

For non personal injury, the limit for small claims will be increased from £5,000 to £10,000 and for county court cases from £15,000 to £100,000.

These changes come as part of government’s response to Ministry of Justice consultation paper Solving Disputes in the County Courts which was originally due in October.

Simon Leighton, Managing Partner

Our injury claims team work with a wide range of accident related cases. If you or a member of your family have been injured in a road traffic accident, an accident at work or in a public place, see how Croftons can help you and contact Simon direct. Alternatively, you can complete our contact form and one of our injury claims specialists will get in touch with you.

It had originally been scheduled to take effect in October 2012, but speculation had been growing that the timetable was too tight to have everything in place to enable businesses to be ready for the changes.

A Ministry of Justice spokesman has said: “We are committed to reforming the ‘no win no fee’ system so that legal costs for reasonable compensation claims will be more proportionate, and avoidable claims will be deterred from going to court.”

If you want to discuss any of the above further or want to find out how Croftons can help you, contact our injury claims team free on 0800 2800 094 or complete our contact form.

Leaving the cafe in the late afternoon to go to the ladies’ rest room, Mrs H noticed that the ground was still wet but she did not realise it had frozen. She slipped, injuring her ankle badly and was unable to stand up. No one was present to help so she used her mobile phone to call for assistance.

“Heeding the weather forecast could have prevented this accident,” said Lee Jones, a Personal Injury Specialist at Croftons. “As part of our investigations, we checked that day’s weather forecast and, indeed, icy conditions had been forecast. The garden centre had been negligent in allowing water to remain on the ground when icy conditions were forecast and in not spreading any grit, displaying signs or erecting barriers to avoid the type of accident which occurred.”

  Lee Jones, Partner

The statistics published by the Health and Safety Executive (HSE) show that in Britain between April 2010 and March 2011:

• 24,726 major injuries were reported, such as amputations, fractures and burns, to employees – a rate of 99 injuries per 100,000 workers – compared with 26,268 in 2009/10.
• 90,653 other injuries serious enough to keep people off work for four or more days were reported – a rate of 363.1 injuries per 100,000 workers – down from 96,427 the previous year.
• An estimated 1.2 million people said they were suffering from an illness caused or made worse by their work, down from 1.3 million in 2009/10. Of these, 500,000 were new illnesses occurring in-year.
• 171 workers fatally injured – up from 147 the previous year.

The new data confirms that Britain continues to have the lowest rate of fatal occupational injuries in Europe as well as one of the lowest levels of work-related ill health.

Judith Hackitt, HSE’s Chair, said:

“The fall in the number of people being injured by work is of course to be welcomed but we did also see an increase in the number of fatalities during the year. Britain can be proud that it has one of the best health and safety records in Europe but as the increase in the number of fatalities makes clear we can never let up in our commitment to addressing the serious risks which continue to cause death and injury in workplaces. HSE will continue to work with employers, employees and other organisations to maintain and, where necessary improve, health and safety standards. We all have a responsibility to make sure serious workplace risks are sensibly managed.”

Winter Sports Holidays – A Risk Worth Taking With Proper Insurance Cover

With skiing holidays increasing dramatically in recent years as holiday makers have dipped their toe onto the snowy slopes of Europe and North America and gone back for more, each autumn signals a peak time for winter holiday bookings.

“The exhilaration of skiing and snowboarding can’t be matched by any other holiday experience,” says ski enthusiast and personal injury partner Jeff Palmer.

Also an enthusiastic photographer, Jeff has captured some spectacular sights through his lens;

However, warns Jeff, “skiing accidents are on the increase as more people take to the slopes. Woe betide anyone who books a winter sports holiday without adequate insurance.”

“Congestion on the slopes, over enthusiastic beginners trying to ski runs beyond his/her experience together with a lack of effective piste patrols to “red card” the skiers who ski without any regard to the safety of other skiers, all play a part in causing accidents” says Jeff.

“Consider which sports you are going to participate in” advises Jeff, “and make sure your travel insurance covers those activities – as well as any other sports you think you might try. Check your existing travel insurance for winter sports cover and, if buying new insurance, read the small print carefully because a number of travel policies offer inadequate or limited winter sports cover”.

There are hundreds of websites which will offer you travel insurance. “Our advice is to shop around and buy the best possible cover you can. Skimping on insurance is a false economy” warns Jeff. You may find websites such as confused.com and compare the market.com useful in your search.

“Once you are on the slopes, just be aware that your insurance may not cover you if you have enjoyed the après ski “too much” the night before! And for that matter, if you have a few too many during your lunchtime breaks on the mountains – watch out for the slopes!”

Jeff Palmer, Partner

As the winter months descend upon us and with the clocks giving us one less hour of daylight by going backwards next weekend (29th October), it is most important that we take greater care when driving on the roads. Here are a few tips for night-time driving which can help you to be more careful and vigilant when travelling this winter:-

1. If you wear sunglasses in the day, your eyes can be more sensitive and alert at night
2. Make sure your headlights work, this helps for others to see you!
3. Make sure your wing mirrors are positioned correctly so that you see everything around you
4. Don’t drive for too long; ensure you take a break at a service station.

Also, it helps if you prepare your car well so that fewer problems occur in the future. Here are a few more tips to help:-

1. Service your car- if the problem isn’t fixed now, it could cost you in the long term!
2. Check your screen wash and wipers, a clean screen will help you to see everything. In addition, have de-icer handy for those frosty mornings
3. Drive safely, we all want to get home quickly for our dinner but rushing will put you and everyone else at risk.
4. Try and have a “winter survival kit”. This should include a torch, blanket, fuel can, snacks, water, spare change and your recovery details for the AA or RAC.

Refresh your memory of our blogs from last winter and read : Tips for Preparing your Car for Winter and Advice for Winter Driving

By preparing for the darker days and winter weather, you are minimising your risk of an accident, so stay safe this winter…

Penny Stevenson
Injury Claims team

If you have been suffering from distressing symptoms for over a month after a traumatic event, you should visit your GP, who can refer you for specialist help. Effective treatment does exist, and you can recover from PTSD. However, treatments for PTSD are still being evaluated and researched.

As APIL Members, we have been invited to refer clients to a research trial to help children and teenagers with post-traumatic stress disorder (PTSD).

The study is called ASPECTS and is for 8-17 year olds who have suffered a recent trauma such as a road traffic accident or assault. They will be given cognitive behavioural therapy (CBT) and the benefits will be monitored against timeframes.

CBT is a psychological treatment that aims to change how people think; trying to adapt negative ways of thinking into more positive ones. It is recommended by the National Institute for Clinical Excellence for adults with PTSD, but it is unknown whether it is helpful for children and young people and this is the purpose of the ASPECT study. Researchers would like to know how well it works for children and teenagers soon after a frightening experience.

It is a joint project between Addenbrooke’s hospital, the Medical Research Council Cognition and Brain Sciences Unit, and the University of Cambridge. Participants are being recruited until at least 31 January 2013. Youngsters will be required to attend between 5 and 10 weekly CBT sessions with a clinical psychologist at Addenbrooke’s Hospital, Cambridge.

Further information can be found on the Cambridge Clinical Research Centre for Affective Disorders website.

Yasmin Syed, RTA Team Manager