Please find below 10+
Important FACTS on Compensation Advice
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Compensation facts and figures - Who pays?
Civil compensation is awarded by the courts where injury or illness has resulted
from employment, where the employer has been negligent and the employer could
haveforeseen the
harmful effects of that negligence. The payout will be reduced if the court
decides you were partly to blame through "contributory negligence." There are
about 100, 000 successful personal injury settlements each year, normally paid by
the insurer providing employers' liability insurance.
LIFE AND LIMB - Strain injuries: Iona Hotchkiss was awarded £538, 000 damages
for career-ending neck injuries caused by bad workstation design
(Hazards72). Abad keyboard led to RSI
and a £243, 792 payout for bank worker Fiona Conalty. Graphic designer
Michelle Gould’s computer mouse-related strains led to a £25, 000 payout and
a pair of dodgy bellows caused PSC member David Herbert’s tennis elbow,
leading to a£10, 000 settlement (Hazards68).
Big sums: The civil court calculates the size of the payout, made up of
"pecuniary losses" (lost past and potential earnings, medical expenses etc) and
the harder to calculate "non-pecuniary losses" (for the pain, suffering and loss
of amenity (PSLA)), based on published "JSB Guidelines". No crime: UK
compensation payments contain no punitive element,
even though a civil court settlement for a workplace injury or disease can only
be awarded where employer negligence has been demonstrated.
Paying the right price, a February 2000 TUC report, called for punitive damages
to be added to compensation awards, something also supported in a 1997 Law
Commission report. .
Union pay off: Unions win the lion's share of personal injury compensation
payouts. They consistently settle claims worth over £300 million a year - £320
million in 1999. The latest TUC figures show that well over 50, 000 union cases
are settled each year – over half of the annual total - with an average payout
of £6, 150, well above the level for all claims.
Union members, meanwhile, pay an average of just £6 per year to receive this
legal back-up. Information Guidelines for the assessment of general damages in
personal injury cases. Fifth edition. (the 'JSB guidelines'). Judicial Studies
Board. Blackstone Press. ISBN 1 84174 031 4. July 2000. £19.50. Trade Union
Trends survey. Focus on services to injury victims. TUC, December 2000. £30.00.
Paying the right price. Compensation for workplace injuries. TUC, February 2000.
WHAT'S IT WORTH? You think you are worth more dead than alive? Well, you might
be worth less than you think, either living or dead. It is hardly a fair system.
A stockbroker with a broken arm could feasibly end up with more compensation
than a building worker with a broken neck. This can happen because personal
injury compensation is decided by the civil courts and is intended to provide
recompense for what the victim has lost. It is not intended to provide justice.
The full award in all cases would be the pain, suffering and loss of amenity (PSLA)
sum plus 'pecuniary damages' based on financial losses.
PSLA guide: Up to £27, 500 for significant breathing difficulties, down to
£1, 000 for temporary aggravation of bronchitis. Other lung disease The PSLA
guide gives a range from £65, 000 for a young person with a progressive
condition leading to premature death, down to £1, 000 for a temporary,
quickly resolved condition.
LOSE YOUR SENSES Deafness/tinnitus: The number of industrial deafness claims are
falling but still dominate compensation payouts, making up two-thirds of all
industrial disease claims. Over 20, 000 cases were settled in 1998, most for
under £5, 000. Acoustic shock: In the biggest claim to date, BT operator, David
Stonier, was awarded £93, 000 for the condition (Hazards72). PSLA guide: Total
deafness, up to £70, 000; slight or occasional tinnitus with slight hearing loss,
£3, 750. Eye injuries: £135, 000 for total blindness, falling to £1, 000 for a
transient eye injury. Loss of taste and smell: £70, 000.
The first step after an accident is to call the police and ambulance.
Details of the driver's name, address, telephone number, insurance details,
vehicle registration and car make should be taken down. To make your road
accident compensation claim easier, take photos of the accident scene
covering the damage caused and the final resting position of the vehicles.
If you do not have a camera in hand, it is wise to go back to the scene of
the accident as soon as possible to take the photos. Visit your GP or a
hospital for a thorough check-up. This will ensure that there is an official
medical record of injuries sustained. Keep a diary of all physical symptoms
after the accident. Notify your insurance company about the accident.
Content Courtesy:
www.hazards.org/compensation.pdf |
http://legal-personal-injury-gw.blogspot.com/
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