Why You Should Care about Asbestos in the Workplace?

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In the office, a majority of your thought process throughout the day involves anything work-related, including how you interact with different personalities you encounter. While all this is in motion, you tend to ignore the subtle dangers posed by health hazards you may not be aware of. In Brisbane and all other parts of Australia, asbestos is still prevalent in some buildings, and it’s not easily identified especially by untrained eyes.

Asbestos 101

The usage of asbestos gained popularity back in the 19th century when builders discovered its fire-retardant properties. It was immediately identified as a staple of building materials, and it was used in most office buildings and homes. Several decades ago, it was discovered that the fibrous characteristic of asbestos led to respiratory diseases, eventually forcing the government to ban its use at the turn of the century. Today, asbestos removal has become one of the demanding industries that keep suppliers busy, in line with the effort of business owners to comply with building codes and regulations.

Diseases related to asbestos

The first documented case of its dangers involved a construction worker who had trouble breathing while tearing down a structure. Asbestos is only unsafe when disturbed, because once the fibres escape to the environment, the people in the room unknowingly breathe them into their lungs. The fibres cling to the walls of the lungs and they settle in, ready to cause damage. As time passes, the lungs lose their functionality and eventually fail, deeming it too late for the person to even think of going to the doctor. Back then, inhalation almost always guaranteed death for the victim.

Workplace incidents

If not identified immediately, asbestos can cause sickness to unsuspecting employees. Pipes and walls could have been constructed with asbestos, and they wear down with time. Respiratory problems are not diagnosed immediately, leading to missing work days and affecting office operations. It becomes even more of a problem because not everyone is aware of how to handle cases involving asbestos-related diseases.

Legal implications

Companies are required by law to keep their premises safe from the dangers of asbestos and the diseases connected to the material. Public liability cases can necessitate long hours of research and gathering of evidence before the case is presented in court. You need to ensure that the corporate firm you hire has the legal expertise and experience to deal with special circumstances such as those related to asbestos.

Non-profit initiatives such as the Asbestos Related Disease Support Society Qld Inc (QARDSS) focus on dealing with any issues regarding the subject, and it’s advisable to contact them regarding any inquiries you have about asbestos. They can also refer you to law firms who can help you build your case.

Asbestos in the workplace is a big issue that is not given much attention in the media, so it’s up to you to keep yourself and family informed of its dangers. Take time to read and research on the subject so that you’re prepared if there is ever a need to resort to legal steps in the future.

Katherine Flowers

Katherine Flowers documents her experiences with various office environments and looks for ways to improve work dynamics. She talked to asbestos lawyers in Brisbane and hopes to help make buildings safer for employees.

Legal Action of Personal Injury Claim

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Personal injury claim can be made only if the accident which harmed you was entirely not your fault but negligence of any other person or authority. Analyze your loss if it's significant enough then you must make a claim for compensation. It is not recommended to claim minor scratches as a result of an accident. If your injuries sustained for more than two weeks and you stayed more than 14 days out of your job then you are eligible to make a claim. If you have suffered a lot from your injuries then you must inform about your accident and injury to the responsible person, driver, employer or authority. You can only make a claim within 3 years after the accident. So, make your claim soon after becoming aware of your injury and other losses.

Source: www.clearwatersolicitors.co.uk

The Benefits Of Brain Injury Compensation

Brain injury compensation can be absolutely vital in ensuring that people who have sustained a traumatic head injury can continue to achieve a high quality of life. There are very few injuries that can affect every aspect of a person's life, but a brain injury is one of the most commonplace and apparent.

Frequently, it is only the loved ones of the injured person who realise the extent of the injury and the impact it has had. Often, people who have sustained brain damage do not realise how much it has changed them and they can underestimate how much head injury compensation they deserve, and while brain injury solicitors can help them to come to a realistic assessment, the family and friends of the victim are usually essential.

Recovery following brain injury compensation

It is possible to recover from brain damage, although this usually requires extensive rehabilitation. Children usually recover faster than adults, as a child's brain still retains a level of 'elasticity', meaning they can use other uninjured parts of the brain to compensate for the damage. Adults and the elderly may still be able to recover, but a person's prognosis usually worsens with age. Furthermore, damage to certain 'interior' parts of the brain, such as the brainstem, can be much more difficult to recover from than damage to other parts, such as those that deal with higher functions like reading and speech.

• Compensation for brain injury care

Significant brain damage can often require lifelong care, and even mild trauma to the brain can lead to neurodegenerative diseases, in which cognitive function becomes progressively worse. The injured person and their loved ones may have to undergo huge adjustments to their lifestyle and may have to prepare for the possibility of long-term support and care.

• Head injury compensation considers long-term recovery

Research into brain damage recovery is constantly advancing, and medication or lifestyle changes may help to limit the impact of this kind of trauma. However, potential 'miracle cures' such as stem cell injections are many decades away and patients should expect recovery to only take place in the long-term.

Brain injury compensation can help people to meet the associated costs of recovery and get their lives back on track. It is hard enough to sustain brain damage, but many people who suffer from this injury find themselves falling into financial difficulties and struggling to make ends meet. Brain injury solicitors can help them to protect themselves financially.

What causes a traumatic brain injury?

Traumatic brain injuries are defined as injuries or damage to the brain caused by trauma to the head. However, the initial impact might not be directly responsible for the extent of the injuries. Oxygen deprivation following head trauma can result in the death of brain cells, while clots, bleeding, hypotension and other secondary issues can also lead to brain damage.

Inflammation of the brain is an important factor in many head injury compensation cases. Scientists at the University of Pennsylvania's Perelman School of Medicine found that inflammation can often lead to the development of neurodegenerative disorders many years after the initial trauma. This means brain injury solicitors must consider the risk of a client developing Alzheimer's disease, Parkinson's disease, dementia or other mental health problems, as well as the most obvious immediate impacts on their clients.

The research, which was published in Brain Pathology, revealed that people who suffer mild or moderate trauma to the brain are at a higher-than-average risk of developing tangles and neural plaques, which are strongly correlated to age-related neurological disorders.

What effects will my brain injury solicitors consider?

The brain is an unbelievably complicated organ and the best neurologists are still generally unaware of how it works. Brain injury claims have actually been an essential research tool in the field of neurology - one of the most important test subjects in the field is 19th-century railway foreman Phineas Gage, who suffered a terrible brain injury involving an accident at work that caused dramatic personality changes.

Cognitive effects relate to changes in the ways a victim perceives the world, such as the way they learn, think or remember. Specific regions of the brain that relate to particular cognitive functions may be impacted by trauma to the head, so a victim may find it difficult to perform certain cognitive tasks while finding it simple to handle others.

Behavioural or emotional changes are also commonly seen in brain injury compensation claims. Although it is natural for people to feel anxious or cautious following a traumatic event, brain damage can frequently lead to changes in people's personalities. Phineas Gage's friends and family remarked that he no longer was the same person after he suffered his accident at work - he is said to have turned from a hardworking and polite man to a crude and offensive one.

Communication effects relate to difficulties speaking, understanding conversation or recognising facial cues and other non-verbal speech. It is common for people to understand other conversations but to be unable to hold a conversation themselves, or to be able to speak fluently but unable to follow what other people are saying.

When making a head injury compensation claim, it is important to deal with a brain injury solicitor who understands all these factors. Solicitors must understand the impact that brain damage can have for loved ones as well as for the victim.

Can accident at work compensation cases make workplaces safer?

While some accidents at work are very minor, with victims not requiring hospitalisation and not needing to take any time off work, other cases see people sustaining life-changing injuries and facing huge financial repercussions that only accident at work compensation can help them to cope with.

For instance, a worker at Plymouth-based steel manufacturer Condor Allslade recently suffered dreadful injuries when he was struck by a 1.4-tonne steel beam. The unnamed has not been able to work since the incident, which took place on June 10th 2011 and saw him suffering from crushed discs, a skull fracture, broken ankle bones, a broken knee and a blood clot that affected his lung.

Investigations by the Health and Safety Executive (HSE) revealed that the firm had not undertaken proper risk assessments and had not implemented simple safety devices that would have prevented these steel beams becoming unsteady.

The steel beam that landed on the worker was positioned on top of a metal trolley and had not been secured when the employee knocked it with the hook of his crane. He had to be airlifted to Southampton hospital and was hospitalised for a month. Despite the fact that more than two years have passed since the accident, the worker is still having to undergo surgery and other forms of medical treatment.

What could the business have done to prevent industrial accident claims?

Tragedies like this point out exactly how essential accident at work compensation can be and show that it is not just industrial accident claims employers should worry about when implementing safety measures in the workplace. The injured worker in this case was a 64-year-old fabricator and welder and businesses do not want to harm trained, skilled staff members by failing to consider their health and safety obligations.

Furthermore, HSE also enacted a prohibition notice on the site, which prevented staff from conducting any other work on unsupported steel beams that were not secured on to trolleys, which would have reduced the amount of work that could be done on site until these safety issues were resolved. And while the firm may have had to have paid accident at work compensation to the unnamed worker in an industrial accident claim, it also faces a fine of £16,000 and court costs of £5,074 after pleading guilty to breaching health and safety regulations at Portsmouth Magistrates' Court.

Craig Varian, Inspector at the HSE, pointed out that while risk assessments may be denigrated as a 'tick box' exercise or as technicalities, this accident showed how important the exercise actually is. The company could have easily implemented measures in place that would have prevented the accident, and it actually did implement these measures after the incident took place, he continued.

Unfortunately, this happened too late to prevent the worker suffering these terrible, debilitating, lifelong injuries, Mr Varian added.

The manufacturing sector and accident at work compensation

According to the HSE, the last five years have seen an average of 31 people dying in workplace accidents in the manufacturing sector. Furthermore, more than 4,500 people reported major injuries in a typical year, while this timeframe would also see approximately 19.500 people sustain injuries through accidents at work that kept them away from their jobs for at least three days. Around 2.8 million people are employed in the sector.

Manufacturing also poses a range of other risks - airborne particles and other materials can cause workers to suffer health complaints, which can be long-term.

However, despite the high number of injuries suffered by people in the industry, workers should not accept risk as a part of the job. If you are employed in the sector, you should take reasonable care to ensure you do not become injured, and you can start an industrial accident claim and receive accident at work compensation if you can show that the accident was someone Else's fault.

Businesses are not allowed to fire you or treat you negatively if you make an industrial accident claim while still employed by them and should have an insurance policy that will cover your compensation costs. This means that even if you love your workplace, you do not have to be reluctant to make an accident at work compensation claim - you can still keep your old job and the business will continue to run as normal following your court case or settlement.

Furthermore, your industrial accident claim could also prevent your colleagues from becoming injured. If a worker had sued Condor Allslade before the incident that led to the employee suffering his dreadful injuries, it is likely that they would have improved their safety practices and that the tragedy would have never took place.

Can Government Schemes Reduce Medical Negligence Claims?

Clinical negligence claims will always take place - no matter how many improvements are made to private healthcare companies and the NHS, incompetence, negligence and breaches of health and safety regulations will inevitably happen occasionally.

When medical negligence solicitors succeed in cases against healthcare providers, the organizations should implement changes to their operations to ensure similar issues do not arise in the future. Improving healthcare standards is a constant process that requires close monitoring and careful observation, and even the most watertight system cannot be completely foolproof.

The government also occasionally releases reports and initiatives that could reduce the number of medical negligence claims. For instance, on May 10th, the Department of Health revealed that the Care Bill has been published, which should see improvements to people's care in hospitals and should ensure they do not have to pay a huge amount of money for healthcare in later life.

This report follows the scandal at Mid-Staffordshire NHS Foundation Trust, and uses the recommendations of the Francis Inquiry into these scandals to come up with strategies that could improve the quality of care across the UK's healthcare industry.

The Care Bill - could this reduce clinical negligence claims?
Some of the recommendations in the Care Bill include ensuring that people do not experience an interruption in their treatment if they move to another local authority area, ensuring that people will have closer levels of involvement in assessments that determine their support and care needs, and that these assessment processes will consider what a person can do for themselves and what their family members will do for them.

On the face of it, these initiatives look like they might actually lead to a reduction in the level of care and support that needy people receive - rather than receiving all the help they require, they could find themselves having to ask non-professionals, such as friends and family, to assist them. If the assessments inaccurately determine their requirements and capabilities, negligent parties could end up facing medical negligence solicitors in court.

However, the Care Bill also confirmed that people will no longer have to sell their homes or spend all of their life savings to pay for later-life care. The Department of Health confirmed that this is important due to the aging populace.

Via Domadeed.com
Read Full Story Can Government Schemes Reduce Medical Negligence Claims?

Mother who stole children's criminal injuries compensation cash has sentence cut on appeal

A woman who stole more than £69,000 from her children has had her sentence cut.

The Craven Herald reports that Alexandra Eastham, 41, has had her sentence reduced by over one-third.

Eastham had received a three-year sentence after admitting to 15 charges of fraud by false representation and two charges of theft at a hearing at Skipton Magistrates Court. She stole the majority of the money from her children, after a large sum of money had been awarded to them by the Criminal Injuries Compensation Scheme.

She pleaded guilty to the theft of £23,214 from one child, with this offence occurring at some time between April 1st 2008 and May 20th 2009, a previous article in the publication had revealed.

Furthermore, she admitted stealing £37,386 from a second child, as well as two separate charges relating to fraud by abuse of position relating to the thefts from each child.

She was deemed to have abused her position, as the criminal injuries compensation payout had been put in a trust fund, of which she was a trustee.

Eastham had stolen the cash from her late husband's estate, with £60,000 of this money awarded to the estate as criminal injuries compensation.

The other 13 charges the perpetrator pled guilty to relate to forged signatures at the Skipton Building Society. Eastham was found to have committed frauds on a number of dates between May 2007 and March 2009, through which she had unlawfully obtained money with a total value of £8,825.
One of these charges relates to a fraud at The Bailey, Skipton, where she gained £750 after committing fraud by false representation.

Alexandra Eastham's former husband Gregory Eastham was killed at the age of 36 when his then-girlfriend Tina Buckley stabbed him in the neck on January 16th 2005 in the Liverpool home they shared.

His body was found at the foot of his stairs and he had an 8cm stab wound. According to reports, the relationship had been violent and turbulent, with Buckley previously damaging Mr Eastham's mattress, clothing and cabin with a 4in knife and a marlin spike.

Police found the weapon that had led to Mr Eastham's death - a black-handled knife - in a kitchen drawer in the household, with later forensic tests revealing the presence of his blood. A pathologist found he had also suffered six other knife-related injuries, but the fatal wound had killed him within minutes.

Further investigations revealed that there were bloodstains throughout the flat and that somebody had attempted to clean blood from the sofa's arm.

Ms Buckley denied murdering Mr Eastham and suggested that the fatal wound was an accident. She was unanimously found guilty of manslaughter at a trial at Liverpool Crown Court and received a jail sentence of seven years.

Mr Eastham is buried at Earby Cemetery. He had previously attended West Craven High School and been employed at Albert Hartley Textiles Ltd, before he went on to become part of the Royal Fleet Auxiliary.

Ms Eastham, who stole the criminal injuries compensation money, had relocated to France, where she was originally from, but Skipton magistrates issued an international arrest warrant and she was sent back to Britain to stand trial.

At the recent hearing at London's Criminal Appeal Court, Eastham's sentence was cut to two years, with an additional 31 days removed to allow for the length of time she spent in custody in France as she awaited deportation.

Criminal injuries compensation following homicide

If a parent, wife, husband, partner (including same sex relationships) or child dies as a result of violent crime, the Criminal Injuries Compensation Authority might be able to make a payment. Currently, the flat rate for this payment is £11,000 in cases with one single claimant, or £5,500 each in cases with more than one claimant. Furthermore, people may also be eligible to receive a flat rate funeral expenses payment of £2,500, with this cash going towards the benefit of the victim's estate.

People who were financially dependent on the person who passed away may also be eligible to make a larger compensation claim, which will factor in lost earnings and other expenses.

It is still possible to claim criminal injuries compensation in cases where the perpetrator of a crime has not been located or convicted. Payouts are made through the Criminal Injuries Compensation Authority and awards range from £1,000 to £500,000.

People who have lost a loved one due to the criminal actions of another person are strongly advised to make a criminal injuries compensation claim. The losses, damages and psychological harm suffered by the bereaved can be impossible to quantify but the money received through compensation can help people to cope with some of the more immediate challenges they face.

Author & Writer

Bethany Janick works with a team of Clearwater Solicitors to help the victims of crime achieve the highest criminal injuries compensation payouts possible.