Crime Does Pay - But Not To Victims

In an attempt to save money the Government have confirmed that there will be an overhaul of the CICA system which will mean that around 17,000 victims of criminal injury who suffer "temporary" injuries each year, such as fractured ribs or a dislocated jaw, will lose out on compensation altogether.

Another 13,000 with more serious injuries, including minor brain damage, a fractured skull or damage to the retina, will see their compensation cut. Overall, an estimated 83 per cent of crime victims will lose out.

Other changes will effect dog attack victims who will only be entitled to compensation if the dog involved was used as a weapon. This chance comes as the number of dog attacks are actually going up, with more than 6,000 victims going to hospital last year.

The changes will  tighten eligibility to apply for compensation, for example, by introducing residency criteria for applicants who are not in certain exempted categories (including British citizens, members of the armed forces and EU/EEA nationals and their families). In addition those with an unspent criminal record attracting a custodial or community sentence will no longer be eligible to apply.

Forster Dean are disappointed by the changes to the law which will leave many victims of crime with no or lower compensation.

The changes are due to come into force from 30th September 2012.

If you have been injured as a result of crime, feel free to contact one of our solicitors on 0800 389 1978 for free initial advice.

Danielle Abbott
Solicitor at Forster Dean Solicitors
Harpurhey

Hit and run.....what next?

The term “hit and run” is unfortunately a phrase we hear from the news often.  Just today a 36 year old man has been arrested on suspicion of dangerous driving following a hit and run incident in Leeds that left two children seriously injured and in Manchester it has been reported that three people have been hit by a silver Vauxhall Corsa that failed to stop.

In both of these incidents the pedestrians have been left with significant injuries. Much of the media reporting surrounding a hit and run accident is about tracing the perpetrator, the person who has left the scene. What if the perpetrator is not found? What happens to the victim, the person with the physical injuries, the mental scars and the financial losses?

Accidents can have a huge impact on people’s lives.  Many people are not prepared when they suddenly become unable to work because of injuries, the financial toll is great and the effect on the victims and the families is often life changing. Clients often say to me “it was a hit and run there is nothing I can do.” This is not true! 

The law in England and Wales protects victims of hit and run accidents. The Motor Insurers Bureau will pay compensation to victims of untraced drivers for injuries and financial losses. That applies whether the victim is a pedestrian or another road user i.e. another vehicle driver, passenger or a cyclist. This is subject to the Motor Insurers Bureau's criteria.

Claims to the Motor Insurers Bureau under the untraced scheme are regularly submitted by Forster Dean Solicitors.  Some firms of solicitors will charge for this service, however, Forster Dean ensures that all clients recover 100% of their compensation in MIB claims. We act on a no win no fee basis and there is nothing to pay win or lose.

Forster Dean Solicitors can provide assistance if you are unfortunate enough to be involved in a hit and run accident. 

If you or a member of your family has been involved in an accident which has resulted in you sustaining injury and would like a free and confidential discussion with one of our specialised Solicitors, please do not hesitate to contact us on 0800 389 1978 or visit our website at www.forsterdean.co.uk. You can also follow us on Twitter (@ForsterDeanLtd) and find Forster Dean Solicitors on Facebook

Yvonne Hall

Office Manager and Personal  Injury Solicitor

 yvonnehall@forsterdean.co.uk

www.forsterdean.co.uk/rochdale

Port berth operator fined after worker's legs amputated

A berth operator at an Essex Port has been fined £20,000 for safety failings after an employee had both legs amputated after they were crushed by a cargo container in an incident which occurred on the 26^th March 2010.

The dock worker was returning to a safe refuge under a quayside crane when he was knocked down by a 45ft container being lowered by a reach stacker. The driver of the reach stacker, unaware that the worker was on the quayside and had been knocked down, continued to lower the container onto his legs. They were crushed to such a degree that they later had to be amputated.

The Health and Safety Executive (HSE) found that Stanton Grove had failed to ensure the safety of the worker while he was working on the quayside.

HSE Inspector Toni Drury, said:

"This incident clearly demonstrates why it is essential that the risk arising from the movement of vehicles and large lifting plant at docks is carefully managed.

"It is common for a wide range of vehicles and equipment to have to use shared space on the docks. There may also be workers on foot undertaking tasks such as guiding loads, removing twistlocks or supervising operations. Good co-ordination and co-operation between all those who are in control of the berth, the operations and the workforce is a necessity, and an agreed safe system of work must be properly communicated and training provided to all involved.

If you or a member of your family has been involved in an accident which has resulted in you sustaining injury and would like a free and confidential discussion with one of our specialised Solicitors, please do not hesitate to contact us on 0800 389 1978 or visit our website at www.forsterdean.co.uk. You can also follow us on Twitter (@ForsterDeanLtd) and find Forster Dean Solicitors on Facebook

Mofozzul Hussain LLB (Hons) -Office Manager (Birkenhead) and Personal Injury Solicitor

Steel company fined £500,000 after worker died from fall into liquid waste

Global steel company was fined £500,000 for serious safety breaches after a worker died when he fell into a channel carrying slag waste at 1,500 degrees Celsius when covers had been removed for maintenance and not replaced.

The worker was working on a night shift on the Blast Furnace at the Port Talbot steelworks when the incident happened on 25 April 2006.

The court was told that the worker went to the cast house at the site to inspect the slag pool, which was due to close for maintenance work during the day shift. Whilst  on a veranda area, steam from a granulator became acute forcing him to leave.

The worker  tried to retrace his steps through the dense steam and he fell into the open section of a channel that was running slag at 1,500 degrees Celsius. He attempted to climb out and was helped out by workers who heard his cries. Although conscious he died later the same day.

The Health and Safety Executives (HSE) investigation found that the company had a reporting system which showed a significant number of near misses where steam had led to dangerous situations with the potential to injure workers or damage equipment.

It was also common practice to operate the furnace with sections of channels - or runners - left uncovered without taking additional precautions to prevent anyone from falling in.

HSE Principal Inspector Colin Mew, said "This horrific incident could have been avoided if the company had a system in place to ensure that either no covers were left off the runners or - if they needed to be left off - a temporary barrier was erected around them”

If you or a member of your family has been involved in an accident which has resulted in you sustaining injury and would like a free and confidential discussion with one of our specialised Solicitors, please do not hesitate to contact us on 0800 389 1978 or visit our website at www.forsterdean.co.uk. You can also follow us on Twitter (@ForsterDeanLtd) and find Forster Dean Solicitors on Facebook

Mofozzul Hussain LLB (Hons) -Office Manager (Birkenhead) and Personal Injury Solicitor

ITS ALL ABOUT CYCLING

Forster Dean's Head of Personal Injury is very proud to have completed her epic Lands End to John O’Groats cycle challenge, which raised much needed funds for the purchase of an adapted cycle for use by disabled riders. http://www.wythenshawe-wheelers.org/

The Simply Cycling Charity runs open sessions offering cycling opportunities to disabled users and has seen expansion of service users such that more bikes are needed.

Nadia Kerr, 41, Head of Personal Injury at Forster Dean, completed the ride after 14 days of cycling. A core group of 7 completed the full distance of the ride – 954 miles – and visitors joined in along the route. The beautifully sunny and warm 82 mile day stage between Warrington and Kendal was the busiest day when 19 cyclists formed the peloton.

Toughest challenge

Nadia commented “This was, by far, the hardest challenge of my life. The daily distances were long particularly when combined with some steep climbs but the endurance element was where the real work lay – getting on the bike day after day and keeping going was hard. But the group I cycled with was inspirational and I could not have done it without them”

After a total of 20 punctures, the group, which had been supported and subsidised by BikeRight!, arrived at John O’Groats only moments before the legendary sign was removed for the night.

Nadia Kerr – second row on the right

You can read about Nadia’s training journey, including time spent in Majorca with her cycling club TeamGlow at: http://cyclinglawyers.blogspot.co.uk/  

What next? Nadia is mentoring  members of the TeamGlow Club to complete the Manchester 100km and 100mile event on 2 September 2012.

And then? “Lands End to John O’Groats is a ‘one-off’, but I may be tempted into another challenge on the bike. The Channel to the Med ride through France is a possibility, especially with the allure of a swim in the warm Mediterranean at the end of the ride!”

For further information please contact Nadia Kerr on 0151 203 2141 or email - nadiakerr@forsterdean.co.uk