Monthly Archives: January 2014
CLIENT QUESTIONNAIRE FOR LOSS OF EARNINGS
The post yesterday on witness statements for loss of earnings proved to be the most popular post on this blog thus far. The fact is that claims for loss of earnings can often be taken for granted, not thought out and not established by the evidence. This is an example client questionnaire on the single […]
ACCIDENTS ON CONSTRUCTION SITES: INADVERTENT OPERATION OF CONTROLS
Construction sites remain of of the most dangerous places to work. One issue that can arise is where workers are injured due to the inadvertent operation of controls in excavator plants. Given the size and nature of the plant and the risks posed to those working nearby any inadvertent movement can be serious, even fatal. […]
PROVING LOSS OF EARNINGS : THE IMPORTANCE OF THE WITNESS STATEMENT: THE QUESTIONS YOU SHOULD ASK
The basic task of proving damages, particularly elements such as loss of earnings and disability in the labour market, are often overlooked in witness statements prepared for trial. DRAFTING THE WITNESS STATEMENT TO SUPPORT A CLAIM FOR LOSS OF EARNINGS This issue was recently dealt with in a blog I did in Civil Litigation Brief […]
INCREASED PENALTIES FOR HEALTH AND SAFETY BREACHES
The Health and Safety Executive have given notice that sentencing powers are being increased for health and safety violations and penalties will be increased. More cases will be heard in the Magistrates’ Courts as a result of the review that took place on the 16th January.
HEALTH AND SAFETY EXECUTIVE GUIDANCE: SLIPS AND TRIPS
One effect of the ending of civil liability for breach of the Regulations is that all lawyers are going to have much more closely at recommendations by the Health and Safety Executive. These, along with the Regulations and Codes of Practice, are likely to form the standard by which employers are judge. In some cases […]
EXPOSURE TO ASBESTOS: STILL A MAJOR RISK: LINKS AND GUIDES FOR PRACTICAL ACTION
The dangers of asbestos are now well known. However it remains a very real risk, particularly to builders, tradesmen and the self employed. This post looks at useful links which deal with the risks of exposure to asbestos. HEALTH AND SAFETY EXECUTIVE “Asbestos is the biggest on the job killer of trades people in the […]
LOSS OF EARNINGS: HOW DOES THE COURT VALUE “PERKS” AND FRINGE BENEFITS?
I have changed the focus of this blog slightly to include detailed discussions of claims for loss of earnings as these are, almost inevitably, allied to a claim following an accident at work. In this post I look how the court assesses “fringe benefits”. These benefits can form a substantial part of an employee’s income […]
LOSS OF EARNINGS AND THE USE OF COMPARATORS
Any accident at work usually involves a loss of earnings of some type. When the loss is serious and there is no certain career path a claimant will usually try to use “comparators” to show the court what their potential earnings would have been. This use of comparators was considered by the High Court in […]
PERSONAL INJURY: LIABILITY AND DAMAGES 