News
Widnes Vikings win Super League Bid
Thursday 31st March 2011
personalinjury.co.uk is delighted to announce that Widnes Vikings has won it's bid for a Super League licence.
Richard Lewis, the chairman of the Rugby Football League, made the announcement "They (Widnes) have made significant strides in the last few years," he said of Widnes. "There has been a huge amount of work by their chairman, Steve O'Connor, and all the staff at the Stobart Stadium."
Congratulations to the team.
PM slammed for 'personal injury' comments
Tuesday 11th January 2011
The Mirror recently published an article regarding personal injury including an old quote by David Cameron. The full article can be found here: http://tinyurl.com/4c9b7un
However he regretfully still wasted public money in commissioning the heavily discredited Lord Young of “you’ve never had it so good” infamy to report on health and safety and the ‘compensation culture’.
The reports only accurate statement was that the ‘compensation culture’ in terms of personal injury claims is a myth based around media hype generated by the insurance industry and TV adverts. It is not a crime for any private industry to advertise. The increased advertising is merely a sign of a competitive market as the number of claims has diminished.
Unfortunately, the Prime Minister has been misinformed by his advisors and any attempt to alter the manner in which civil claims will prevent proper and meaningful access to justice. We all pay insurance premiums as road users, home owners and employers; this is proper and is to compensate those who are injured as a result of another’s negligence. Insurance companies are not renowned for their generosity as everybody is all too aware.
It is only in cases where liability or fault has been established. Insurance companies do their level best with huge resources and access to lawyers to avoid making payments to injured people even in the most obvious of cases. It is clear that the Prime Minister and indeed Lord Justice Jackson have absolutely no appreciation of the day to day mechanics of the personal injury claims process and the obstacles that are thrown at Claimants otherwise these reforms would not even be contemplated. The agenda here is saving money and a pay back to insurers who are ultimately bankers and financial companies.
The government removed legal aid in 1999 by which all cases were funded and asked the legal profession to take on the burden of representation by assessing the risk of cases and taking them on a conditional fee basis. This is a no win no fee basis and there are no other professionals within UK society who are remunerated in such a manner for the service they perform. Doctors and teachers for instance even within the private sphere are not expected to take such a risk.
In any personal injury case there is an inherent risk that a Claimant will lose fully, partly or on a particular issue. When a personal injury lawyer loses such a case he is not paid but he has provided a service to the individual and a benefit to society. Under the current system, society rewards that risk upon successful cases with a fixed and restricted success fee. By denying the recoverability of this and after the event insurance premium through which the injured Claimant protects against a liability, the government is not only going back on the system it asked the legal profession to undertake but is now denying the right that all members of a democratic society should enjoy, which is access to the courts and a level playing field once within it.
What is dressed up as “greedy lawyers / accident management firms” is really about the Government, who are often the Defendant saving considerable liabilities but at the same time requesting the public pay ever higher court fees.
personalinjury.co.uk announce Widnes Vikings sponsorship
Thursday 9th December 2010
Behind the scenes, the rewards for sponsors are being cranked up.
The traditional sponsorship model has been maintained, but corporate hospitality and networking opportunities brought to the fore.
Companies who join the Vikings Business Club now receive a 10% discount on all stadium facilities from food and drink to gym membership, tickets and venue hire.
On top of this members can attend monthly business breakfasts and hear public speakers – gaining access to, in Mr Sherling Rooke’s words, ‘key influential decision makers’.
He said: “Wouldn’t it be great to have a meeting once a month and fill it with key, influential decision-makers, and run seminars on the latest health and safety laws and commercial law? And what if we take the cost and do it for free?
“If you invest in the club, we will invest in you. You will have access to firms, businesses and people from local and national government who you usually wouldn’t have access to.”
The icing on the cake for firms is that membership is free.
Financially, the club is on firmer footing than two years ago. In September Steve O’Connor reported that the Vikings were back in the black, with pre-tax profits of more than £1m and revenues of £2.5m.
Other than gate receipts, Stobart Stadium’s ace in the pack may be its bar, which brings in £300,000 a year. According to one club insider, the bar sells more Carlsberg than Birmingham City Football Club.
Another key revenue generator is Stadium Fitness, where almost 1,000 members pay upwards of £25 a month.
Sponsorship deals have been struck, with companies as diverse as not-for-profit health insurers Medicash and personal injury lawyers personalinjury.co.uk.
Others include sports drink firm JST Nutrition, which has agreed to supply players, and gym equipment manufacturer York Fitness.
Mr Sherling Rooke also revealed that stockbrokers have joined the ranks of its shareholders.
The club expects the 2013 Rugby League World Cup to further enhance the Vikings’ standing. Stobart Stadium is among the favourites to host matches and Vikings players are expected to appear in the international line-ups.
Fans may be left wondering what went wrong in 2008. Julie Gaskell told the Weekly News that the last bid ‘did not have a proper business plan’.
She added: “The application form is much more detailed and covers everything. We haven’t produced a glossy document but it’s been good for me because it enabled me to do some house-keeping.
“The information this time is much more specific.
“And last time Steve spent a lot of money on assets for the bid, but when it was rejected wehad to let people go. I told the RFL we don’t want to take undue risk, but will ramp up the spending if we’re successful.”
Worker scarred for life after being engulfed by fireball
Tuesday 30th November 2010
A welder suffered serious burns from a dust explosion at a chemicals plant in Cumbria.
David Lightfoot, 58, was working as a sub-contractor at Indorama Polymers (Workington) Ltd’s facility in Siddick, when the incident took place on 29 October 2008. He was welding a silo that contained 380 tonnes of the explosive powder terephthalic acid, which the company was selling as a raw material for use in the manufacturing of plastic drinks bottles.
The powder had solidified in the silo and the company had created a hole in the side of the container so the compound could be broken up with a metal rod. Mr Lightfoot was welding a metal component around the 2.5-inch diameter hole, which had been sealed with a temporary bung. He had been welding for around 20 seconds when he was suddenly engulfed in a fireball. He and a colleague jumped 10 feet to the ground to escape the flames. He suffered severe burns to his head, arms and hands, and he is still receiving treatment for his facial scaring. His colleague escaped with minor injuries.
The HSE’s investigation concluded that the bung had fallen out, allowing around 15 grams of the explosive powder to escape. The powder was then ignited by the welding flame, creating the fireball.
The company was issued an Improvement Notice on 12 January 2009, which required it to review its permit-to-work system at the site. HSE inspector Michael Griffiths said: “This was an entirely preventable incident, which caused serious burns to a man’s hands and face, and has left him with significant scarring.
“Indorama Polymers should have planned the work properly in advance. Either the welding should have been carried out before the hole was drilled into the vessel, or the explosive powder in that part of the vessel should have been removed before the welding started.
“It is extremely important that chemical companies treat health and safety as their top priority to avoid terrible injuries like this occurring again in the future.”
Indorama Polymers appeared at Workington Magistrates’ Court on 11 November and pleaded guilty to breaching s3(1) of the HSWA 1974. It was fined £20,000 and ordered to pay £14,941 in costs.
In mitigation, the firm said it had no previous convictions and had fully cooperated with the investigation. It has subsequently reviewed its permit-to-work system by ensuring that the permit provider and workers jointly carry out a risk assessment and create a safe system of work.
Following the hearing, Mr Lightfoot said: “I was told that it would be safe to carry out welding work on the vessel but it wasn't. You trust people to get it right and check things out for you but you can't take anything for granted. I just hope this case helps prevent the same thing happening to someone else.”
Maria Penny, Personal Injury Solicitor comments:
"This is a horrific incident and one that clearly could have been avoided.
Regulations and legislation, such as the Management of Health and Safety and Work regulations and the Health and Safety at Work Act 1974 (HSWA), exist to ensure that employees are safe at work as far as is reasonable practicable. Of course accidents do happen but the employer must comply with stringent regulations to ensure, where reasonably practicable, each employee is safe.
Of course a duty is still owed to those not regarded as an employee. The HSWA 1974 section 3.1 imposes a duty on each employer to ensure those who may be affected by the work they do are not exposed to risks to their health or safety – in this case the injured party who was a sub-contractor not an employee.
If it can be shown that the employer did not comply with the regulations and, for example, carry out an adequate risk assessment then the employer may be found to be negligent.
In this case tragically, it is clear that the accident could have been avoided as since the accident the risk assessments and work practices have been reviewed clearly indicating, as found by the HSE, that there was room for improvement."
Carrying out a risk assessment is not an expensive or time consuming task when compared with the penalties that can be imposed if they are not carried out, either effectively or at all.
Too embarrassed to make an injury claim?
Many of us have at some time or another suffered an injury through no fault of our own.
Wednesday 24th November 2010
As featured in The Independent 23rd November
But whilst it may have led to time off work or a recurring back problem, a new study shows the majority of us would never dream of making a personal injury claim, whether through embarrassment or a fear of the cost.
However if an injury is a result of a third party’s negligence then it’s perfectly reasonable for you to look into the process of making a claim.
Sarah Anyon, Personal Injury Solicitor and Associate at Ralli comments:
“This survey indicates that there is still a stigma attached to making a personal injury claim, much of which has been fuelled by the media. The reality is that the vast majority of personal injury claims are genuine and made by people who have quite often suffered considerable financial hardship as a result of an accident that wasn’t there fault.
For instance, in many cases, employers will only pay statutory sick pay to their employees who are off work as a result of injuries sustained in an accident. This leaves a significant shortfall in their income, leaving many claimants unable to pay bills and their mortgages, thereby running the risk of losing their homes. Making a personal injury claim is quite often the only way of recovering lost earnings and other expenses, such as treatment costs and travelling expenses.
Arranging such webchats enables individuals to get free, sound advice about making a claim, which should serve to allay any fears people have about the process of making a claim. Here at Ralli, we too offer free and confidential preliminary advice about making a personal injury claim.”
Interview with Kenneth Clarke MP - No Win No Fee
Thursday 28th October 2010
BBC Law in Action interview with Justice Secretary Kenneth Clarke MP.
Presenter: Joshua Rozenberg
Venue: Audience at Gray's Inn
Discussion: The government's plans for the legal system of England and Wales, including no win no fee
Producer: Simon Coates
Listen here (no win no fee discussion begins at 17:00)
