Medical Info

A recent case of workplace related injury to three train drivers and the consequent damages paid by the employer is sure to serve as a revelation for all bosses and compel them to undertake heath and safety risk assessments at the workplace.

The three drivers were operating from Arriva Trains Wales, Carmarthen Depot, when they developed Carpal Tunnel Syndrome (CTS), which left their hands permanently disabled. They had to sit in rigid chairs with no armrests while working and this triggered their CTS. One driver even said that he took a ten-month leave because of the uncomfortable workplace conditions.

The Associated Society of Locomotive Engineers and Firemen (ASLEF) held the employer responsible for the plight of the drivers. ASLEF argued that uneasy wrist postures and cramped conditions under which the drivers worked were chiefly responsible for their injury. When Arriva Trains Wales refused to accept its liability for the worker’s condition, ASLEF asked their lawyers Thompsons Solicitors to initiate legal proceedings against the company.

After hearing the case for five days, the court found Arriva Trains Wales guilty of the charges. Judge Vosper ruled that the injury to the train drivers was caused at the workplace, and the court found that the company had been grossly negligent in implementing any safety measure at the workplace. Subsequently, Arriva Trains Wales was ordered to pay a total compensation of 22,000 pounds to the injured drivers, which is to be divided among them.

ASLEF’s general secretary Keith Norman was pleased by the outcome of the case. He said that the decision could set a precedent for all train drivers in the UK who suffer from CTS owing to negligence of their employers. He also made an appeal to employers to make sure that proper health and safety risk assessments are made and preventive steps are taken to avoid such injuries in future.

Bill Gasson of Thompsons Solicitors saw the court’s decision as a victory for every train driver who has been a victim of unhealthy work practices. He agreed that Arriva Trains Wales’ sloppiness in undertaking risk assessments and its failure to bring in nominal preventive measures had resulted in the long-term injury to the train drivers.

IOSH courses by the Institution of Occupational Safety and Health are designed to give managers and supervisors all they need to know to help handle health and safety in their teams; click on IOSH Managing to learn about the importance of promoting a positive health and safety culture in the workplace environment, and improve upon management skills to help boost team performance for a more effective working practice.

Filed by admin at 6:06 am under Legal Counsel Resources, Markets, The Healthy Way
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It is a well known fact that cycling and bike riding is one of the most dangerous pastimes in Britain. Thousands of people fall off their bikes and inure themselves every year. However, if you have been hurt in an accident that wasnt your fault, then you could have a case for compensation.
Pinto Potts Solicitors (personal injury claim specialists) have long standing experience in the treatment and handling of Bike & Cycle Accident Claims. The firm will take on your case free of charge, as part of a No Win No Fee arrangement.
If your Bike & Cycle claim is successful then Pinto will ensure that you receive the complete award, minus any catches or deductions
This is because that, when the firm takes on a case, they handle it on their own, without bringing in outside agents or middlemen, such as a Claim advisor. You will then be awarded the entire appropriate amount, as well as the expenses for any medical treatment or rehabilitation, following your injuries, such as physiotherapy.
The award may also encompass other monetary considerations, such as travel expenses or loss of earnings.
Pinto Potts experienced personal injury Solicitors will guide you through every step of the case to get you the best award possible,
If you would like more information or require free and confidential legal advice, then contact us.

Filed by admin at 1:42 pm under Help For You, Legal Counsel Resources, The Healthy Way
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Wakefield magistrates fined BUPA Care Homes (CFH Care) Limited a sum of £15,000 and imposed £10,500 as costs following the death of an 80-year old woman suffering from quadriplegia, who fell from her bed and succumbed to her injuries The accident took place when the woman was being washed and dressed by a single and inexperienced carer.

Muriel Lindley broke both her legs after the fall on 13 July last year at West Ridings Nursing Home on Lingwell Gate Lane in Lofthouse. She was immediately taken to Pinderfields Hospital where she passed away nine days after being admitted.

As a result of the accident, BUPA, the proprietor of the Lofthouse home, was found to be guilty of violation of Section 3(1) of the Health & Safety at Work Act 1974. It was reported that Mrs Lindley had fallen from her bed because the rails meant to shield her from falling had been pulled down in order to clean and dress her up for the day. Since she was being handled by a sole carer, and that too an inexperienced one, the fall could not be prevented.

According to the rules, such cleaning ought to be performed by two trained individuals for the safety of the patient. This has been mentioned clearly in the health and safety guidelines set by the care home, and is also a part of the individual patients’ record.

Nevertheless, Mrs Lindley was attended to by an inexperienced carer who had joined the care providers just six days ago. It is interesting to note that the carer completed the proper training procedure on the same day Mrs Lindley passed away at the hospital.

Talking about the incident, Paul Robinson, an HSE inspector, said that it should serve as a grim reminder of the disastrous consequences of failure on the part of carers, care providers and the management to adhere to health and safety guidelines. For advice on the needs of a particular organisation CIPD Training can be of benefit to help Management manage safety and learn how to promote a positive health and safety attitude in the workplace.

Filed by admin at 10:15 am under Legal Counsel Resources, Markets, The Healthy Way
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As you analyize loan modification choices you will realize that banks naturally do not need to make such agreements if they can be avoided and they are not required to modify loans. Thus,if you want a loan mod, if you want to avoid foreclosure, you must make the first movement.

If you do decide to move forward, your loan mod expert should ask a few of the following questions:

1. What percentage of yourgrossincome (your income before tax deductions) is now devoted to housing costs, meaning mortgage principal, interest, taxes and insurance ? PITI.

2. How much could you pay each month if PITI was limited to 38 percent of your gross income?

3. How much could you pay each month if PITI was limited to31 percentof your gross income? This is an important question because the FDIC has been using a 31-percent benchmark when modifying loans made by IndyMac, the lender taken over by the FDIC in 2008. The 31-percent standard has now spread to other programs.

4. What are your assets? Include such items as savings accounts, IRAs, other retirement accounts, certificates of deposit, stock, bonds, vehicles, other real estate. Be sure to include account numbers, the date when valued, contact information for the account holder such as a brokerage or bank, balances and required payments.

5. What is the value of your home? Local real estate brokers may be willing to help provide a general valuation on a pro bono basis with a comparative market analysis (CMA)or abroker?s price opinion (BPO)? it?s good PR for the broker and you could be a future source of referrals and business.

6. What are your debts? Include credit cards with account numbers, account information, total debt and required monthly payments. Also, student debts, auto loans, other mortgages, etc. Again, show account numbers, balances, required payments and contact information.

7. What are your typical monthly expenses for utilities, condo fees, gasoline, health insurance, child care, alimony, etc.

The next step in getting a loan mod is making sure you have the right amount of money to pay for the process. A loan modification typically costs between $1995 and $3995. Several companies offer loan modification financing if you cant afford the inital fee.

Filed by admin at 2:36 am under Legal Counsel Resources, Markets, Money Management
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Oceana nightclub was recently dragged to court where it pleaded guilty to having violated health and safety regulations. Speaking on the case, Councillor Neil Eustace, Chairperson of the Birmingham City Council’s Public Protection Committee said that the club was deficient in well-trained staff and there was no proper safety system in place.

The case dates back to February 2007 when a customer at the club by the name of Christopher Clarke was found dead at two in the morning after he had been thrown out of the club for allegedly taking a bottle with him to the dance floor.

Investigations by the council revealed that Clarke was sent out through the fire exit, which opens into the car park. This car park was maintained in a peculiar way. Those who had parked their cars there were handed a key fob, as part of an informal arrangement, and there was no other exit from the car park.

Finding himself thus enclosed from all sides, Clarke tried to scramble up the nearest building to come out of the car park. However, his attempt met an unfortunate end with him falling from a height of about four metres and hurting his head, which eventually killed him.

Health and Safety at Work etc. Act 1974 was invoked to book the club. The court thereafter penalised the club £85,000 and asked it to pay costs to the tune of £33,000. Mr. Eustace expressed the hope that this trial would serve as a reminder to other companies towards their obligation to their clients.

All staff and management must be fully aware of and comply with health and safety regulations as laid down by law. Find out about the range of nebosh courses available from the experts at Workplace Law Training.

Filed by admin at 8:10 am under Legal Counsel Resources, Markets
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Its a frightful feeling any time a doctor tells you that you have any type of chronic illness. At first your mind wants to deny it, and then you steadily give into the shock of realizing that you actually do have anything wrong with you. Even if youve been exhibiting symptoms for a long time, your problem just isnt set in stone until the doctor tells you those fateful words : I am sorry to tell you, but the tests came back positive.

When the diagnosis is Tardive Dyskinesia, it actually should not come as any surprise. In truth, it could be a relief, because after you know what the problem is, there are steps you can take to turnaround the condition, and you definitely wish to do that. Maybe youve been suffering from the humiliation of your tongue popping out of your mouth every couple of seconds or of making hideous scowls that are out of your control. You might have had a lot of agonizing physical symptoms, like neck cramps or involuntary twisting of joints. Dont believe any one when they tell you that you can just have to live with the problems, because they wouldnt want to if they were in your place. Instead, here is what you can do.

For starters you can learn everything there is to know about Tardive Dyskinesia lawyer. Sometimes it’s just good to have someone you can talk to about your condition who will understand and offer suggestions for what you should do next. Contacting the Foundation will put you in touch with caring people who can help. You may also visit their site at www.dystonia-foundation.org.

There are several doctors who have researched TD and know the right sorts of treatments that will reverse the indicators of the disorder and bring relief to patients. If your folks surgeon isn’t ready to provide you with this kind of assistance, you can contact a psychiatrist instead who has experience working with the side effects of anti-psychotic drugs. In addition, you may find a neurologist can efficiently treat your Tardive Dyskinesia Problem.

Filed by admin at 12:31 am under Help For You, Legal Counsel Resources, The Healthy Way
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Many people who had durom metal used in their hip replacement operations are discovering that there are negative effects that far exceed the natural expectations for recuperation. These patients are feeling a lot of unnecessary anguish for lengthier time periods, expecting revision surgical procedures and increased medical costs, and losing revenue by not physically being able to work at their official businesses. Although Zimmer Holdings, Inc. is postulating that that their hip cup implant in no way flawed and say it is not their fault for the faililng hip implants, numerous poor people are filing lawsuits against them and accepting settlements.

Sometime during October, 2008 Zimmer declared that it had set-aside $47.5 million to compensate for claims filed against them. Many docs are not 100% convinced that the hip implant is as good as the company says it is. In Point Of Fact, when Zimmer tendered online education to doctors in order to instruct them what they said were more correct techniques for executing the implant surgical operation, roughly 50% of the physicians declined to participate. Thus, the entire state of affairs proceeds to be stressful for all patients attached, but none more than the hundreds of people who are looking forward to revision surgical procedure because of the issues with their implant experiencing failures.

These hurting patients definitely deserve some aid and restitution which is the main reason product liability attorneys are supporting them by telling them to initiate lawsuits. Zimmer hip implants has been settling up with these claims. Still, even if the payoff they are being offered seems like it could be a air settlement, in most cases people are deciding too quickly and with no provision or allowance being made for ongoing issues down the road. Without waiting to find out what cases are actually going to be worth, people may find themselves paying thousands of dollars out of their own pocket when further complications return.

If your orthopedic doctor updates you with bad news that you will definitely have to undergo a revision surgical process to repair your Zimmer Durom hip replacement device, contact an attorney as soon as possible.

Once your lawyer tells you that you have a case, be prepared to spend some time waiting it out for the best possible settlement that your lawyer will be able to negotiate for you. Heed the good advice that your lawyer offers you and dont demand speedy restitution. Being patient at this stage of the case can pay off vs. just rushing the process.

Filed by admin at 9:17 pm under Help For You, Legal Counsel Resources, The Healthy Way
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Earlier this week at Norwich Magistrates’ Court, PMA Systems a building repair company was fined £20,000 after two its employees were left dangling from a gantry they were working on at “The Mall” a Norwich shopping centre.

The Health and Safety Executive took legal action against the company in what it saw as a major breach of regulations in that the company failed to ensure the safety of the two men.

The incident occurred back in June of 2007 when employees John Page and Andrew Hawkins were working on an access system approximately 50 feet above the shopping centre floor.

Two men were balanced on gantry steps, which suddenly overturned leaving them dangling precariously above the polished marble floor some 50 feet below. The court was shown CCTV footage recorded by maintenance staff at The Mall.

The video film revealed Mister Page managing to pull himself out of danger, Mr Hawkins was not so lucky having to wait an excruciatingly long 10 minutes before the fire brigade to rescue him.

The prosecution pointed out that either man could have easily fallen to their death, and that Mr Hawkins suffered a dislocated shoulder, which kept him away from work for the best part of a year.

Accidents such as this can happen in the blink of an eye, make sure that your employees are fully up-to-date with all the latest health and safety regulations by making use of the NEBOSH courses available through Workplace Law Training.

Filed by admin at 6:49 am under Legal Counsel Resources, Markets
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As early as 1897, Benzene a highly flammable, clear, colorless liquid with its innocuous sweet smell was recognized as a cause for disease. Subsequent research has shown that Benzene was camouflaged as an unrecognized killer in plastics, resins, rubbers, paints, detergents, drugs, lubricants, synthetic fabrics, pesticides and especially in the products used by the petroleum industry.

As a natural compound of gasoline and crude oil, Benzene has been seen to have caused the most debilitating effects mainly on hapless workers exposed to its toxic effects. Lurking as a common chemical in numerous commercial and consumer products Benzene has rightly come under the scanner with it being classified by the Federal Environment Protection Agency as a known human carcinogen.

Statistics supplied by the National Cancer Institute support this claim by quoting sobering figures of 12,000 and odd patients who have been diagnosed with AML - Acute Myelogenous or Myeloid Leukemia also known as Myelogenous Leukemia, as a result of their proximity to Benzene. That Benzene and AML are connected has been backed with medical proof that confirms emphatically that AML is not hereditary but is a time bomb ticking in an unsuspecting handler of Benzene. Characterized by symptoms of skin rash, fatigue, prolonged bleeding, bone pain and weight loss AML besieges the body with malignant blood forming tissues that lead to an excess of immature white blood cells. As the malignant cells begin to replace bone marrow and a crippling of normal cells begins, death is only a question of time for the stricken.

The mounting criticism of Benzene being a cause for the rise in AML related fatalities, have had petroleum companies grudgingly admit, that the chemical does cause health complaints. While affirming this, The Spokesperson of the American Petroleum Institute has put the figures to 25, 50 or 100 parts per million in the work place. Independent studies question this figure, feeling that a much lesser period of proximity with Benzene can cause AML. While the debate rages on as to the exact extent of benzene exposure that would prove lethal, the humane fact remains, that less of this cancer causing chemical is the urgent need of the hour. Eventually, the bad publicity that Benzene has drawn should have a cathartic effect on the oil industry, which can still make amends for its earlier shortsightedness, by implementing a better healthcare plan along with the decision to stop being the largest promoter of the endangering Benzene.

Filed by admin at 2:19 pm under Legal Counsel Resources, Medical Info, The Healthy Way
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If you suffer an injury resulting in significant damages you will need to hire a personal injury lawyer. But in any given city, there are probably over 20 pages of personal injury attorney listings in the phone book. How do you pick the right one? What do you look for? What questions should you ask?

Here are 7 things you should know before hiring your injury lawyer…

1) The sooner you hire your lawyer the better. Begin looking for your personal injury lawyer within a week or two after your accident. If you’re not physically capable you should have a friend or loved-one start looking. The sooner you start building your case the better.

2) Hire a personal injury lawyer that specializes in your specific type of injuries. Do your homework before signing the retainer agreement. Visit the firm’s website and read up on it’s history and each lawyer’s biographical information. Ask the lawyer for some referrences and ask how much experience they have in handling cases with similar injuries. What settlement awards did they get in those cases?

3) Have a face-to-face meeting with your prospective lawyer. Your personal injury lawyer is going to be your closest advisor during this difficult time. You must feel comfortable and trust your lawyer. The only way you’ll get a feel for the lawyer is by having a sit-down to discuss your case. Any good personal injury lawyer will give you an initial consultation free of charge.

4) Hire a lawyer that will take your case on a contingency fee basis. This means that your lawyer won’t get paid unless you get paid. He will take his fee out of the money you receive for your injuries. You can expect your lawyer to take about 33% of your final settlement - that’s after expenses are taken off the top. Make sure you clearly understand the payment structure before you sign the retainer agreement.

5) Beware of ambulance chasers. The goal of these lawyers is to get lots of minor personal injury cases and settle them quickly - they make their profit from high turnover. So naturally they won’t put as much time and effort into each case as they should. (If you’re looking for a quick settlement be prepared to accept less than what your case is really worth.)

6) Hire a lawyer with a good Martindale-Hubbell rating. This service evaluates lawyers in the U.S. and Canada based on peer review. Their website, Martindale.com has a helpful lawyer locator service and will explain the rating system.

7) Always be completely open and honest when discussing your case with a lawyer. Tell the lawyer as much as you can about what happened. Try to remember every detail. Any documentation and pictures you have of your injuries and treatment will be a big help when evaluating your case.

Bonus Tip:

NEVER give a recorded statement to a representative from any insurance company until you’ve consulted a lawyer. When the rep. asks for one simply say, “I’m not prepared to give a statement at this time.” A recorded statement can be used as evidence and if you’re not prepared you might overlook important details. Anything you miss (or misrepresent) can be used against you in settlement negotiations and in the trial.

Arthur Gueli works with his brother Charles (a licensed personal injury attorney) teaching injured plaintiffs how to obtain fair compensation for their damages.

Feel free to visit their educational website, www.Injury-Settlement-Guide.com to learn more about how to hire a good personal injury lawyer.

Filed by admin at 5:47 pm under Legal Counsel Resources
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