Compensation Claim

Is it too difficult to claim compensation?

Categories: Compensation Claim | Written by Michael on November 30, 2009

 

Writing online, controversial solicitor Richard O’Hagan has recently complained that it has become much too difficult for ordinary people to make compensation claims over the last decade or so.  O’Hagan has suggested that changes the government has introduced in relation to legal aid are preventing some citizens of moderate means from making personal injury claims.

O’Hagan outlined his contentious thesis on (more…)

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Whiplash injuries and claims demystified

Categories: Road Traffic Accident (RTA) | Tags: | Written by Paul on November 27, 2009

 

Whiplash injuries and whiplash claims are common knowledge for many people, but for those who require more information this brief article may be of some assistance.

Whiplash injuries often afflict the driver of a vehicle when another vehicle strikes it from behind. The unfortunate driver can be flung forwards and backwards, which can give them an unpleasant injury to go with their traumatic experience. Symptoms of whiplash after a road traffic accident can include a whole range of painful and debilitating conditions. Typically, the victim may suffer from neck pain, back pain, stiffness, headaches, sleep deprivation, exhaustion and shoulder pain. Luckily, not everyone in a road traffic accident like this will be affected by everything!

If a driver (more…)

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Swansea Council reduce compensation claims

Categories: Compensation Claim,Public Liability | Tags: , | Written by Paul on November 25, 2009

 

Over a five year period, Swansea Council has been made to pay out more than £800,000 over trips and falls that have been happening on its streets. People have been receiving an average of £4,055 for their accident claims.

According to the Llanelli Star, the Council has been keen to get a grip on the situation through improved highway maintenance. Council officers meticulously investigate each claim. In 2005, 249 claims were made. However, by 2008-2009 two hundred fewer claims (more…)

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Suffolk police comment on compensation figures

Categories: Compensation Claim,Public Liability,Road Traffic Accident (RTA) | Written by Hilary on November 23, 2009

 

A Freedom of Information request has revealed that Suffolk police were compelled to pay out more than £570,000 in response to compensation claims between July 1 2004 and August 5 2009.  These claims were made by employees and the public.

As reported in a recent issue of The Lowestoft Journal, Suffolk Constabulary was keen to contend that the figures had been inflated by the development of a ‘compensation culture.’  (more…)

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Compensation claims no get out of jail

Categories: Compensation Claim | Tags: , | Written by Paul on November 21, 2009

 

Prisoner Mr Leslie Malcolm recently made a compensation claim from the Ministry of Justice because he thought that his right to an hour’s exercise per day had been neglected.  Mr Malcolm was serving a life sentence at HMP Frankland in 2007 and felt he was only being allowed outside for about thirty minutes each day.  The alleged consequence was joint pain and psychological stress which amounted to personal injury.

As reported on Telegraph.co.uk earlier this month, Mr Malcolm’s barrister Ms Philippa Kaufmann put his case in the strongest terms.  She told Justice Sweeney that her client’s human rights had been violated.  Ms Kaufmann stated that there had been “interference with his psychological integrity” due to the lack of exposure to light.  Moreover, she pointed out that the alleged limit to his ability to exercise had made Mr Malcolm feel very unhealthy.  The unsatisfactory situation, she informed the court, had endured for a period of six months.  While Ms Kaufmann pressed the case for compensation, (more…)

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Pay inequality fuels compensation claims

Categories: Compensation Claim | Written by Hilary on November 19, 2009

 

Nearly 40 years after the passing of the Equal Pay Act, men and women are still receiving very different levels of pay in Britain.  According to recent research conducted by the Fawcett Society, the ‘pay gap’ currently stands at an average of 21.2 per cent.  They suggest that this persistent inequality in pay is forcing many women to pursue compensation claims.

As reported in The Guardian, the pay gap between men and women varies on a regional basis.  Different industries have their own pay structures.  What is especially problematic in many cases is the lack of transparency about what people are paid.  The 21.2% figure indicates a significant gap which can only be accounted for by segregated labour markets and ‘glass ceilings.’ Individuals in certain sectors may break through these barriers (more…)

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Pro-green ruling opens up space for compensation claims

Categories: Compensation Claim | Tags: | Written by Paul on November 17, 2009

 

It can be very difficult for staff to work together if they have radically different values.  A recent legal decision by Justice Burton has placed a new burden on employers by apparently making them responsible for respecting the ecological views of their workers.  If employers wish to avoid an accident at work they may now have to ensure that they do not discriminate against people with passionate green convictions.

As reported in The Independent and elsewhere, the innovative judgement is based on an interpretation of the Employment Equality (Religion and Belief) Regulations of 2003.  Justice Burton has maintained: “If a person can establish that he holds a philosophical belief which is based on science…then there is no reason to disqualify it from protection.”  Hence a fear of catastrophic climate change can be treated with the same respect accorded to a sincerely held religious faith.  This may lead to more compensation claims against employers who do not observe the rights of environmentalists.

This issue came to prominence because Tim Nicholson felt that his rights as an employee had been contravened by the actions of his former employer.  Mr Nicholson took his case to an employment tribunal and this paved the way for the new ruling.  The consequences of this are as yet unclear; defining ‘science’ and ‘belief’ may prove complex in practice.

Many modern corporations are committed to the principle of sustainable development, but for those firms which are not, the ruling may be particularly problematic.  They may be obliged to treat an employee with what they perceive as ‘awkward views’ with greater caution than was previously the case.

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