Personal injury litigation is usually relatively straightforward. However, personal injury claims involving industrial diseases are not so straightforward.

To begin with, what exactly is an industrial disease? They can be complicated to understand – but are devastating if you are unfortunate to be affected by one. 

Essentially, industrial diseases are picked up over a long period of time – in some cases over ten years can pass. Industrial diseases are the result of the workplace; for example, being exposed to hazardous chemicals or materials over time. Work Related Upper Limb Diseases (WRULD) – of which RSI is the most well known and the best example – can impact those who perform the same movement repeatedly, and therefore wear out the joints or muscles. A very good example is RSI and related: office workers working on computers can see wear and tear of the wrists and fingers due to the repetitive nature of typing at a computer. However, industry can also see WRULD’s – a good example being a factory assembly line or warehouse where the same movement is made over and over, therefore putting wear on the joints. Some specialist indictors with specialist machinery can also be classed as WRULD’s, or indeed fall into their own category, such as Vibration White Tip Finger. In some cases, some sight and hearing issues can also can be classed as industrial diseases if they were picked up over time at the workplace.

Overall, it can be seen that industrial diseases are very varied, and the list of what is classed as one is very long. To attempt to simplify things, one definition commonly used is “Industrial Diseases are injuries or sicknesses resulting from exposure over a period of time to an occupational hazard in the workplace.”

The exact nature of the ‘occupational hazard’ will vary according to both the type of work being carried out, and the workplace,  but it could be a toxic or harmful substance or material, a harmful or potentially dangerous activity (such as the use of a vibrating tool of some type), or a harmful working  environment, such as a construction site.

Employers are obliged to take reasonable precautions at all times in all workplaces. This would include PPE, training and supervision, adequate breaks to ensure joints are not over exerted, maintenance of specialist equipment, safety checks, and similar. Quite often, it is a due to negligence or failings in management that gives rise to working environment prone to industrial diseases.

Most personal injury claims have a time limit of three years from the accident to make a claim. For industrial diseases, given that they can develop over many years, that is not the case. However, similar to other accident at work compensation claims, it does have to be proved that the employer in question was negligent as regards their legal obligations and duty of care towards their staff. The employer must have failed in that duty, such as not provided adequate PPE or training. Alternatively, the employer might have failed to address failings in the workplace or in working practices that resulted in an employee developing an industrial disease over time. 

Making a personal injury claim for any of the many industrial diseases possible is quite complicated, mostly due to the length of time usually involved. It is best to make such a claim with an expert by your direction assist and advise you every step of the way.

Our lawyers at are just such experts in personal injury litigation – including industrial diseases. Contact us today to discuss making an industrial disease compensation claim. 

Consent, Personal Injury – and Sports

Posted by Oliver on June 2,2017

Following on from a previous post on the civil law term of Volenti Not Fit Injuria, competitive sports illustrate that point of law quite well.

Competitive sports can be great fun, a chance to challenge yourself, learn and develop new skills, and be with like minded individuals. Sports ranging from rugby, to football, to rowing, to tennis, even to target rifle shooting, all are excellent examples of that.

However, those and other sports can also be dangerous and potentially cause serious injury to those taking part. There are many cases in rugby, football and other sports of participants suffering from serious injuries, sometimes potentially lie changing. Time off work might be needed to recover, or specialist treatments, or occupational health therapy or physiotherapy – all from an amateur league match

However, you can make a legal claim against the organisers, or those legally responsible. All the elements and legal tests needed to make a claim (such as not the claimant’s fault, duty of care, breach, etc) are usually present. The organisers or those who were responsible will quite often cite Volenti. Essentially, under Volenti the injured party consented to take part in the match, and therefore consented that there was an element of risk and danger. The injured party understood there was a risk of injury – and still took part, essentially agreeing to that danger.

In some situations, the defence of Volenti Non Fit Injuria would apply. However, it is considered only a partial defence in tort law. What that means is that it needs to be supported  a by other legal principles and defences, orcby very strong and compelling evidence (a rarity in such personal injury litigation). Volenti Non Fit Injuria is also unwelcome in the civil courts, making it harder to prove according to judicial principle. It is also the case that it would be quite bizarre if a court ruled that essentially the injured party had indeed been injured – but by themselves, by indirectly agreeing to thier own injury!

Without Volenti, compelling arguments, or other civil law defences – a personal injury claim following a sport related accident will often succeed for the claimant. A successful claim can result in justice for the injured party following an accident on or off the pitch, and can see compensation awarded.

Competitive sports are meant to be tough, are meant to be a challenge – but playing sport is not about being injured or hurt. Sport should be enjoyed, and seen as the thrill and excitement that it is – not as a source of injury.

Contact our experienced team at Compensation today to discuss a personal injury claim that was received on or off the sports field, and see whether you might be able to make a legal claim – or whether Volenti might apply!

The Danger of Heights

Posted by Oliver on May 23,2017

Working at heights is often required in many jobs and industries. Those working on building sites or construction yards, those working in the flies of a theatre, those working building a large ship, or those working as window cleaners all have to work at height.

However, working at heights can also often result in accidents, and is quite dangerous. That is why extra precautions have to be taken, and extra safety procedures followed. Training is often mandatory, as are safety harnesses, hard hats, specific working practices whilst at height, and precautions taken whilst ascending and descending. Working at any height above the ground needs to be attempted with all and every care and attention.

Despite all the best precautions, safety equipment, and training – it is sadly too easy for something to happen. A small accident or mistake can have big consequences when quite high off the ground. Ropes and equipment used – even safety equipment – can tangle people up. Even if there is a firm barrier, it is still too easy to fall from a height.

All of those, and many more incidents, can result in someone having an accident and ending up either falling from a height or seriously injured by working at a height.

In line with the law, in every workplace all and every precaution must be taken to minimise the risk of any accidents; this includes workplaces that involve heights. That workplace and the management will beheld to be legally responsible (unless proven otherwise) for any accident that occurred. In this way, an injured employee is able to make a claim against those held to be responsible following an accident at height that resulted in a personal injury.

Working at heights in any industry can be exhilarating, what with the views, and sensation of being so high. However, working at height can be inherently dangerous, and can ultimately result in a (often serious) personal injury if all precautions are not carried out. The law allows the injured party to make a claim against the party responsible for the accident, and allows compensation to be awarded in most cases following such an accident at work, whether heights were involved or not.

To discuss an injury that you recieved following an accident that occurred whilst working at height, contact the personal injury experts at

Pedestrians & Road Accidents

Posted by Oliver on May 10,2017

Pedestrians are often classed as vulnerable road users.

It is easy to see why. With drivers paying attention to the roads, it is often easy to miss seeing a pedestrian on the pavement. Zebra crossings, or large crossroads or roundabouts with pedestrian crossings lend themselves only too easily to road accidents. Pedestrians can often be concealed behind junctions, hedges or even open car doors. Indeed, quite often pedestrians can unwittingly cause a road accident themselves by not paying due care and attention to the road as they cross, or by jaywalking.

Car drivers have safety precautions such as airbags. Passengers have safety features such as (mandatory) seat belts. Pedestrians have no such protection from road accidents involving cars. Additionally, Most cars can brake very quickly now, or otherwise manoeuvre out of the way of a pedestrian in many cases. Pedestrians quite often can not do the same.

Accordingly, pedestrians are very much considered to be vulnerable road users. Despite modern safety features in vehicles – accidents on the roads still happen. In many cases it is the pedestrian who comes off the worse, and receives the worse injuries following a road traffic accident. In some accidents, the injuries received by a pedestrian can be very serious indeed.

Following suffering a personal injury in a road traffic accident that was not their fault, a pedestrian (or any injured party) can make a legal claim against the at fault party. Provided several legal tests under tort law are met, civil litigation proceedings can be started against the one responsible for the road accident. In some cases, the accident can end up additionally categorised as a criminal offence; the at fault party could have to pay compensation to the injured party, and also can end up with criminal proceedings initiated against them by the police arising from dangerous driving charges.

In any event, making a legal claim after being injured in a road traffic accident, whether pedestrian, driver or passenger, is more about seeking justice, and bringing the at fault party to court after their negligence or actions, rather than seeking any compensation. However, following a serious injury that resulted in lengthy medical treatment or time off work – any compensation awarded can be quite helpful.

To discuss making a personal injury claim following a road traffic accident, contact the specialist lawyers at

Personal Injury Reforms: A Denial of Justice

Posted by Oliver on March 20,2017

Following from a recent post, proving a soft tissue injury (such as whiplash) can be hard, as typical symptoms, whilst painful, do not show up regularly on medical scans. Those traditional symptoms can also take some time to manifest themselves, and therefore it can be hard in some cases to prove that the cause of those injuries is actually an accident that was not the victim’s fault. Further, proving that the party was actually at fault can also be hard in some personal injury cases.

Despite that, it is the victim’s right to seek a legal remedy. It is the victim’s right to seek justice, and to make a personal injury claim against the at fault party. It is a principle of law any such wrongdoer should be held to account for their actions or negligence.

That is why government proposals on reforms to soft tissue personal injury claims are all the more alarming. As part of the proposals, as mentioned, compensation claims for whiplash and related injuries would be capped. A proposal has also been suggested that compensation should only be awarded if a medical report was submitted as proof of injury.

Amongst the proposed changes, the limit for personal injury claims in the small claims courts would also be increased from £1,000 to £5,000. What that means is that currently, in cases where a personal injury claim is worth £1,000 or less, the victim’s legal costs are not recoverable from the other side regardless of success. Under the proposal, that limit for recoverable costs would be raised to £5,000.

The effect of that will be that fewer victims suffering from soft tissue injuries would be likely to make claims against the at fault party. The question of legal fees and costs would also become an increasing concern, for both victims and lawyers alike; for fear of hefty legal bills, against falling compensation awards, lawyers and victims would be less inclined to brings claims in many cases. Those seriously injured by soft tissue injuries would be the worst impacted.

At, we remain committed to seeking justice for victims of personal injury. If you have suffered a soft tissue injury in an accident that was not your fault within the last three years, then talk to our expert lawyers today to see whether you could make a claim against the at fault party.

Personal Injury Claims For Soft Tissue Injuries

Posted by Oliver on March 15,2017

Recent years have seen soft tissue injuries becoming increasingly controversial and a topic of legal policy and reform. But what exactly are soft tissue injuries?

Soft tissue injuries are defined as any damage or trauma to, or overuse of, any ligaments, tendons or muscles (the tissues that surround and coat and the skeletal structure). Many personal injury claims involve soft tissue injuries, typically whiplash. It can be hard to define and diagnose soft tissue injuries, as they rarely show up on medical scans. Indeed, common symptoms often manifest themselves after the trauma or accident that caused the injury.

Such injuries usually arise after a heavy blow or impact to the area in question; for example, a heavy impact to the legs in a bad fall, whiplash in a car accident, and a sprained wrist from incorrectly handled equipment. The level of severity depends often on the impact and severity of the blow or trauma itself. Common soft tissue injuries include bursitis, sprains, strains, contusions and tendonitis. Some very serious soft tissue injuries can lead to a dislocation of the bone or even a fracture. Even if not that severe, prompt medical attention is recommended.

It can be quite easy to suffer from a soft tissue injury – and quite often it is not the victim’s fault. A car accident or an accident at work can leave the injured party suffering from a soft tissue injury, with the accident itself not necessarily being the victim’s fault. Quite often, though, the law allows for victims of no fault accidents to make a claim against the at fault party. Such legal claims can go a long way in seeing justice done, and the at fault party held to account. The compensation awarded in most cases can also go a long way for a victim who has been unable to work on account of their personal injuries. has for many years been helping and advising those suffering from personal injuries after a no fault accident to make a legal claim. Talk to our specialist lawyers today to discuss your soft tissue personal injury claim.

Whiplash Claim Reform Proposals

Posted by Oliver on March 8,2017

In an ongoing series of legal reforms, once again an old government proposal to reduce damages awarded in whiplash claims and to has moved forward. A recent government consultation period for a paper has now closed, with that paper being finalised and due to be discussed by government in upcoming months.

A key sentiment behind the proposals is to free up valuable court time, and to dismiss frivolous claims. Not only is this a praiseworthy idea, but the side effect would be to reduce car insurance premiums. Insurance companies have overall been supportive of attempts to curb whiplash and soft tissue claims, and have pledged to reduce car insurance premiums by an average of £40. Indeed insurance companies stand to gain tremendously from such soft tissue injury reform. The less paid out from collected premiums, the greater the profits. Savings will also be seen in fewer claims handled – and will hopefully be passed onto customers.

Despite the positives underpinning the proposed reforms – many suffering from soft tissue injuries will suffer. Under the proposals, whiplash compensation payments would be capped, with the maximum amount awarded falling from £1,850 to £425. Many who would seek a legal remedy by making a personal injury claim against the at fault party will now be less inclined to do so, if the damages awarded will essentially be outweighed by increased fees.

Whiplash can leave sufferers in great pain, often for a long time. Traditionally, whiplash is commonly (but not exclusively) caused by car accidents, and despite modern safety features and an increasing emphasis on safe driving, car accidents still occur regularly. After suffering a personal injury in a road traffic accident, it has long been the case that the injured party can seek a legal remedy against the at fault party, and obtain justice an compensation for their injuries.

Under the new whiplash proposals – not any more. According to Justice Secretary Liz Truss MP, for “too long some have exploited a rampant compensation culture and seen whiplash claims an easy payday, driving up costs for millions of law-abiding motorists … These reforms will crack down on minor, exaggerated and fraudulent claims. Insurers have promised to put the cash saved back in the pockets of the country’s drivers.”

The reforms will indeed clamp down on fraudulent claims – but many victims suffering from serious soft tissue injuries will also not be able to seek justice.

For further information on this matter, or to discuss a whiplash personal injury claim, contact our specialist lawyers at Compensation to see whether you could make a claim following your whiplash or soft tissue personal injury.

Why To Make A Claim After An Accident At Work

Posted by Oliver on February 23,2017

It is sadly only too easy for accidents at work to occur.

The outcome of an accident at work can leave people injured – sometimes seriously. When that happens, a person’s home and family life can suffer – as can their finances through a lack of earnings. Whilst recovering from an accident at work, many injured employees never consider making a claim for compensation against their employers – but they should. Many other injured employees also feel uncomfortable or bad about making a claim – but they should not.

Firstly, it is a legal right. If the accident meets certain criteria – such as it was not your fault, and happened within the last three years – then legally the employee has the right to seek compensation. You should never feel uncomfortable in seeking your legal rights, on a point of principle.

Another factor which makes employees hesitate in making a claim is a fear of reprisals from their employer. However, under law an employer cannot mistreat you, or discriminate against you, whilst making a personal injury claim against your employer. As such, a claim for compensation can be made without fear of reprisals.

Further – it is not personal. Firstly, employers have a legal responsibility to uphold health and safety, and to ensure a safe working environment. If an accident occurs – then the employer is in most cases held legally responsible for the breach of their duty of care. However, all businesses must have special insurance policies for just such an eventuality; it is those insurance providers who will ultimately be providing the compensation. As such, ultimately any personal injury claim is in reality directed against an insurance provider, and not the employer in question. Any litigation is not personally against the company – but against their insurance provider. Additionally, any litigation will be directed against the employer’s duties under health and safety regulations – not against any line managers or directors. Once again, any compensation claim is not personal.

The uncertainty of legal proceedings also put off many injured employees from making a claim against their employers. The legal process is seen as time consuming, complex, and ultimately the outcome is uncertain. That is why if seeking to make a legal claim for an accident at work, you should seek expert legal representation. has many years experience in handling all and every type of accident at work claim, and our lawyers will represent your compensation claim to the best of their ability in any litigation. Contact us today to discuss seeking compensation after an accident at work that was not your fault.

Industrial Diseases

Posted by Oliver on February 6,2017

Industrial Diseases are essentially illnesses that an employee has contracted during the course of their work, traditionally due to exposure over a long time. In most cases, the illness can take many years to fully develop and manifest itself, or be diagnosed; but during that time the employee is still suffering.

Employers have clear and unambiguous legal obligations concerning the health and safety of their employees, with employers being held liable for any breaches of health and safety. A part of that legal duty of care involves minimising the risk of any employees contracting industrial diseases. All and every precaution must be taken to minimise the risks of any exposure to long term health hazards. These include reducing the impact of any Work Related Upper Limb Diseases (WRULD), minimising the exposure to loud noises, and proper safety equipment and training to reduced the risk of industrial sector illnesses such Vibration White Finger. Asbestos and related conditions are also often classified as an industrial disease.

The problem for employer and employee alike is that such illnesses take a long time to develop and manifest themselves in obvious symptoms. It can also be hard to pinpoint the exact moment or point in time that any negligence occurred that resulted in the employee being injured – or indeed the exact activity. As such, claims against an employer for any suffering due to an industrial disease is handled differently; for example, in many cases the tradional three year statute of limitations for personal injury claims is extended.

As such, tackling industrial diseases is an ongoing matter of health and safety at work. Safety equipment, proper training, breaks, equipment maintenance and similar are all part of efforts taken by management to avoid employees suffering from any industrial diseases. In most cases, the law places the burden of responsibility and liability upon employers if any employee does suffer from Carpal tunnel syndrome, Asbestosis or similar.

The symptoms can occur gradually, over time. However, if suspected, prompt  medical attention and diagnosis is vital. It is important to keep any medical records and diagnoses of any industrial disease, and to obtain supporting evidence and records from the place of work in question, to prove that the illness was indeed contracted at work, over time.

If that is proved to be the case – then it is the employee’s right to seek compensation for their illness, and to take legal action against the employer for their negligence. The law surrounding any such industrial disease litigation can be complicated. As such, it is best to have an expert lawyer representing your claim. At, our lawyers have been handling any number and type of industrial disease compensation claims for many years.

Contact the experts at today to find out more.

Cap on Whiplash Claims Aims to Cut Insurance Premiums

Posted by Oliver on November 21,2016

An effort by the Ministry of Justice (MoJ) to put caps on whiplash claims should result in lower insurance premiums. The Ministry of justice is consulting on a number of potential measures designed to cut the amount of money claimed through whiplash compensation, and motor insurers have reportedly stated that they intend to pass on the money they save from reduced claims to policy holders.

The MoJ reports that car accident compensation claims for whiplash are up by 50% compared to the levels seen ten years ago, despite accident numbers dropping over the same period. The Ministry of Justice hopes that by cracking down on what it sees as an excess of claims, including many fraudulent, minor, or deliberately exaggerated claims, it could save insurers a total of £1 billion in paying out for whiplash compensation. Adjusting motor insurance premiums to reflect this could save the average motorist £40 each year.

In order to reduce the amount paid out for minor injuries, the proposals that the MoJ is currently consulting on suggest that the right to compensation could be removed or there could be a cap placed on the amount of compensation payable on minor claims. At present, the average compensation award is £1,850, but the proposed cap would see this cut so that a payout could not exceed £425. More serious claims could see the introduction of a new, transparent system of tariffs for compensation awards.

It has also been proposed that claims require medical evidence in order for compensation to be paid, with a ban placed on any offer to settle a compensation claim without medical evidence being provided. If implemented, this proposal would see a report confirming the industry from a MedCo-recognised medical expert become an absolute prerequisite for receiving compensation.

Liz Truss, the Justice Secretary, said that “some have exploited a rampant compensation culture and seen whiplash claims an easy payday, driving up costs for millions of law-abiding motorists.”

“These reforms,” Truss continued, “will crack down on minor, exaggerated and fraudulent claims.”

Simon Kirby, economic secretary to the treasury, also spoke in favour of taking steps to curb the number of whiplash claims. Kirby said: “One whiplash claim is paid out every 60 seconds and it is unacceptable that responsible motorists have to pick up the tab.”

Data from, the AA suggests that the average amount paid by a motorist for one year’s comprehensive cover is now roughly £500. Over just the past year, the cost of motor insurance has risen by 16.3%, increasing the average premium by just under £82. Claims for whiplash compensation, the AA said, represented one of the factors driving this increase.


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