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Month: January 2020

Is it safe to use vaping products? What you need to know

Posted on by Jonathon

You may have read some stories late last year about a spate of deaths across the United States linked to the use of vape pens.

The story has now taken an interesting turn, as The World Health Organisation (WHO) published new guidance on its website at the start of the week stating that it regards vaping to be harmful and even more dangerous than smoking cigarettes in some circumstances.

The vaping deaths in America

This new guidance may in part be due to the deaths in the United States where, to date, 60 people have died in the US as a result of lung injuries and vaping-related illnesses, with a further 2,668 cases of lung illnesses having been confirmed across the country. Alaska, in fact, is the only state not to have reported a case. Furthermore, two states – Massachusetts and New Jersey – have banned the sale of e-cigarette products.

Most patients have reported a history of using products containing THC – the psychoactive compound found in cannabis – while researchers from America’s Centre for Disease Control (CDC) now believe that vitamin E acetate, a chemical found in some THC vaping liquids, could be behind the illness and the scarring found in suffers’ lungs. The researchers from the CDC came to this conclusion after finding vitamin E acetate in all of the patient’s lung fluid samples they had tested. It should be noted though that, in many of these cases, the patient had been using THC-infused oil that had been purchased on the black market.

The situation in the UK

While this is certainly a cause for concern and the WHO’s guidance should be given serious consideration, it should be said that there have been no confirmed deaths linked to vaping in the UK. The NHS also continues to recommend vaping as a healthier alternative to the smoking of cigarettes, saying that “e-cigarettes aren’t completely risk-free but they carry a small fraction of the risk of cigarettes.”

However, it would be a good idea to keep an eye on this issue and be mindful of the cases in America, as there have been some cases in the UK where vaping has been cited as a possible cause. For example, as reported in The Independent in November last year, some doctors believe the death of 57-year-old British factory worker Terry Miller from lipoid pneumonia was linked to vaping after oil from an e-cigarette was found in his lungs, with the coroner returning an open verdict at the inquest after saying he could not be sure whether vaping was a contributory factor.

Furthermore, as reported in the British Medical Journal, doctors identified the cause as vegetable glycerine found in e-cigarettes last year after a 34-year-old woman was found to have developed lipoid pneumonia.

It is important to say though that the link between vaping and lipoid pneumonia is still disputed. As quoted in the same Independent article, Ann McNeill, Professor of Tobacco Addiction at King’s College London, said;

“The case of lipoid pneumonia was allegedly caused by glycerin in the vape liquid the patient was inhaling – but glycerin is water-soluble and an alcohol and not a lipid, so the glycerin is unlikely to cause lipoid pneumonia.”

Therefore, according to Professor McNeill, the 34-year-old woman’s case “doesn’t really add up” and so, it could not be concluded that her illness was caused by vaping a nicotine e-cigarette.

We will be keeping a close eye on this issue then. If it is found that the manufacturers of e-cigarettes and those who produce the numerous flavoured oils users smoke, knew of the risks to users’ lungs, then anyone who suffers, as a result, could have grounds to make a claim against those manufacturers and producers. If this does happen, we at The Compensation Experts will be well-placed to put sufferers in touch with the right solicitors as we have a lot of experience dealing with those who have suffered from lung-related illnesses and injuries, such as mesothelioma, occupational asthma or asbestos-related claims, due to medical or employer negligence.

For now…

…the risks to vapers in the UK are believed to be minimal. Do not worry or think that switching to cigarettes would be a better alternative. It certainly would not be.

In the meantime, until more research is done and more is known about the cases linked in vaping in America, it is worth remembering what we noted earlier; many of the cases in the US were ones in which the patient had bought THC-infused oil from black market sources. Therefore, to ensure your continued health (and also to ensure you stay on the correct side of the law), make sure you only buying vaping products from reputable legal sources.

Possible link between football and dementia show impact of industrial diseases

Posted on by Jonathon

The possible link between football and dementia has been in the headlines again in recent days, with the news that the Scottish FA is considering putting a ban in place on under-12s heading the ball in football training.

Of course, this has been an issue for some time now. For example, Dawn Astle, the daughter of former West Brom striker and England international Jeff Astle, has campaigned tirelessly since his death in 2002 following a battle with dementia.

How football could be causing industrial diseases

The University of Glasgow also announced the findings of a study last year which showed that professional footballers are five times more likely to develop forms of dementia, such as Alzheimer’s, than the rest of society.

Jeff Astle Gates
The Jeff Astle Gates at West Brom’s home ground, The Hawthorns.

Furthermore, the study by the University’s Brain Injury Group found that footballers are also four times more likely to develop motor neurone disease and twice as likely to develop Parkinson’s Disease.

Following the University of Glasgow’s findings, the University of East Anglia (UEA) will now be starting its own research project into the brain health of former footballers.

What particularly piqued our interest when considering these studies and the work that Dawn Astle has done since her father’s death is that, when ruling on the cause of Mr Astle’s death, the coroner recorded the death as being caused by ‘industrial disease’, says the following in his official ruling;

“Jeff Astle was a top footballer who was known for heading the ball … The trauma caused to the front of his brain is likely to have had a considerable effect on the cause of death.”

How clubs and The FA could be liable

A professional footballer is by definition someone who works for the football club they play for. As part of this employment, the worker is required to perfect their use of a piece of equipment – the football. This includes their ability to control and direct the piece of equipment with their head. As the University of Glasgow study, along with the coroner’s verdict into the cause of Mr Astle’s death, demonstrates though, there is a strong argument growing that this requirement is playing a significant role in these workers developing brain injuries compared to the rest of the general population.

Therefore, an argument could be made that, by requiring players to perfect the use of a piece of equipment that has arguably been shown to significantly increased the chances of their staff developing brain injuries later in life, football clubs and The Football Association (The FA) have failed to protect the health, safety and well-being of its workers per its obligations under the Health and Safety at Work Act and other legislation related to the working environment.

It may be the case then that these studies and their findings lead to former players and their families making claims against their former clubs, along with bodies like The FA, the Professional Footballers’ Association (PFA), the Premier League and The English Football League, for causing them to sustain a head injury due to the nature of the work. This argument is made stronger by the fact that, prior to the corner’s ruling into Mr Astle’s death, the PFA and the FA began joint research in 2001 which, over a 10-year period, would study the impact heading a football on the brain. Therefore, it could be said that both The FA and The PFA knew that heading a football could have an adverse effect on the brains of players. However, they did not take any precautionary measures while the possible link was being investigated.

If the findings of the UEA study support the findings of the University of Glasgow’s Brain Injury Group then, this could potentially put The FA and the PFA in a tricky spot for not taking action sooner when their commissioning of joint research in 2001 shows that they knew there could be an issue.

This also applies to all employers

The same is true of any employer – if an employer knows that there is a potential risk of a piece of equipment its employees are required to use causing any kind of industrial disease, but nothing is done to protect the employees from the potential of harm, that employer is liable if any of its employees then develops an industrial disease later in life.

Industrial diseases that affect the brain are particularly life-changing and can have a dramatic effect on both the sufferer. For example, prior to his health declining, Jeff Astle had made regular appearances on the BBC show Fantasy Football League due to his status as a cult footballing hero for West Brom; the club supported by the show’s co-presenter, Frank Skinner. However, this was not possible once Mr Astle became ill, as he was unable to look after himself and needed to be cared for, and so, could not continue with his post-footballing career running an industrial cleaning business and making media appearances, meaning that he also suffered loss of earnings as well as a loss in his quality of life.

Why this is relevant to you

The same is sadly true for many others who have sustained a head injury or who have a disease which affects the brain, such as dementia or motor neurone disease.

In turn, the injury or disease can also adversely affect those close to them suffering too. For example, family members often cannot afford the cost of around-the-clock care and so, instead have to take on the role of carer themselves. This can then lead to family members also suffering a loss of earnings too.

Therefore, when claims are brought against employers due to head injuries and industrial diseases affecting the brain that were a result of negligent working practices, the level of compensation awarded can be significant as it needs to take into account the physical, psychological and financial cost the injury or disease has caused in the form of General and Special Damages. This will include the cost to the sufferer’s family too.

How we can help

At The Compensation Experts, we work with specialist legal firms who have a proven track record in making successful head injury and industrial disease compensation claims. We and the legal firms we work with have a lot of experience in these cases and so, are well-placed to help you get the maximum amount of compensation you are entitled to. After your initial consultation with our advisors, which is done on a free no-obligation basis, we will match you with the firm who best suits the circumstances of your case.

If you decided to progress your claim, your solicitor will collect any evidence and may contact any witnesses to help build the strongest possible case to support your claim. This evidence will be used not only to prove your entitlement to compensation but also to show the extent of your physical, emotional and financial suffering to ensure the amount you receive is fair.

With the right legal support, the vast majority of industrial compensation claims are resolved without the need to go to court, saving you both money and time. If your employer refuses to accept liability or you can’t agree on an acceptable amount of compensation, the solicitor may recommend you submit your claim to court. This action needs to be taken within three years of the date of the injury being suffered or when your symptoms were linked to your job. Negotiations will continue even when a court date has been set, and it is not uncommon for an agreement to be reached hours before a claim is due to be heard in court.

If you or a family member have suffered a head injury at work or believe that a disease affecting the brain has developed due to the working environment you or your family member was in, you may be entitled to compensation.

Do not hesitate then to get in touch with us via the contact form on our website or by calling 0161 413 8765.

The rise of occupational stress. What your employer needs to do to reduce a “public health emergency”

Posted on by Jonathon

In her final annual report before she left the role last year, England’s then-Chief Medical Officer, Professor Dame Sally Davies, declared mental health issues to be a public health emergency.

While such an announcement could be seen as being overly-dramatic, it is supported by evidence.

The impact of occupational stress

For example, according to the latest figures released by the Health and Safety Executive (HSE), stress, depression or anxiety accounted for 12.8 million working days lost due to work-related ill health in 2018/19. On average, each person suffering from stress, depression and anxiety (what we will call ‘occupational stress’) took around 21.2 days off work. This accounted for 44% of all work-related ill health and 54% of working days lost in 2018/19. In total, 23.5 million working days were lost in 2018/19 due to all types of work-related ill-health.

We have been unable to find a reliable estimate on what this cost the UK economy, but it would be fair to assume that it is in the billions of pounds.

Occupational stress issues can be particularly prevalent in certain roles too. For example, BBC Radio Tees revealed last week that Cleveland Police officers are spending more time on long term sick leave with mental health issues than for any other reason. A Freedom of Information (FOI) request showed that the force had 132 officers absent last year because of mental health, compared to 62 for all other sicknesses.

This trend is reflected across all of the emergency services, as another BBC report, last year showed that sick leave for emergency services personnel due to mental health issues rose by a third between 2014 and 2018. It is understandable that emergency services personnel would have high rates of occupational stress given they deal with traumatic situations on a daily basis. However, the HSE statistics also show that those working in other sectors, such as the Civil Service and education sectors, also have high instances of sick leave due to mental health issues.

Furthermore, when analysing the 2018/19 figures, the HSE concluded that;

“Work-related stress, depression or anxiety continues to represent a significant ill health condition in the workforce of Great Britain … The reasons cited as causes of work-related stress are also consistent over time with the workload, lack of managerial support and organisational change as the primary causative factors.”

Clearly then, a range of factors that are consistent across different industries is causing this rise in occupational stress.

What employers need to do

Therefore, it is for employers to find ways to alleviate the stresses being placed on workers. While it is reasonable to expect employees to work hard and give their best, it is unreasonable to expect workers to sacrifice their health, either physical or mental, for a paycheque. In particular, achieving a good work-life balance has actually been found to improve productivity.

This has been seen recently in the calls to create a four-day week. For example, in November 2018, Perpetual Guardian, a New Zealand financial services company, switched its 240 staff from a five-day to a four-day week and maintained their pay. A study of the trial found that productivity increased in the four days they worked so there was no drop in the total amount of work done. Similarly, Microsoft’s Japan office moved to a four-day week for the month of August last year and found that the shortened weeks led to more efficient meetings, happier workers and boosted productivity by 40%.

While it may not be feasible for all employers to adopt a four-day working week, flexible working practices could arguably also help to alleviate work-related mental ill-health by allowing employees to more easily fit their work around other aspects of their lives, such as the need to take children to and from school, medical appointments and the like. Workers should also be aware that, after you have worked for your employer for 26 weeks, you are legally entitled to request flexible working too. It is for your employer to then decide whether they say ‘yes’ or ‘no’ and give you reasons for this decision.

Furthermore, in addition to mentioning workload, lack of support from managers and organisational change as factors causing workers mental ill health, the HSE report also highlights “tight deadlines” and “too much responsibility”. It is entirely understandable that an employee’s mental health could be adversely affected if they are set unrealistic targets, such as tight deadlines, or are feeling overwhelmed by too much responsibility given to them by management who are then unsupportive.

Ultimately, the Health and Safety at Work Act 1974 requires employers to protect the health, safety and welfare of staff from anything that may cause them harm. This includes an employee’s mental health too.

If it is found that an employer has failed to take all reasonable measures to fulfil this duty of care to his/her staff, the employee affected can claim against their employer for the damage caused to them. This, among other things, can include for loss of earnings while the employee was away from work due to mental ill-health caused by the job they were in.

How we can help you

At The Compensation Experts, we work with specialist legal firms who have a proven track record in making successful compensation claims against employers whose workplaces have caused its staff to suffer from mental ill-health. We and the legal firms we work with have a lot of experience in these cases and so, are well-placed to help you get the maximum amount of compensation you are entitled to. After your initial consultation with our advisors about your particular circumstances, which is done on a free no-obligation basis, we will match you with the firm who best suits the circumstances of your case.

If you have had to take sick leave from work due to mental health issues and feel this was because of the working environment, you may be entitled to compensation. To find out if you may have a claim, do not hesitate to get in touch with The Compensation Experts via the contact form on our website or by calling 0161 413 8765.

Suffered a workplace injury? Here’s how to make a compensation claim to your employer

Posted on by Jonathon

If you’re suffered a workplace injury, the prospect of claiming compensation from your employer for any medical expenses you’ve incurred along with such things as the loss of earnings you incurred while away from work recuperating or being treated can be very daunting.

The physical, emotional and financial costs of suffering a workplace injury can be significant and life-changing though. You cannot be expected to bear that cost, particularly when your employer has a duty to protect you when you are working for them per the Health and Safety At Work Act 1974. This includes protecting you from physical harm as well as protecting your mental health. Your employer is also liable if you are assaulted, harassed or bullied while working for them too, although these cases can be very difficult to prove.

In the first instance, you should speak to your employer informally and see if it is possible to resolve the matter amicably by them covering any costs you have incurred. On this, as Citizens Advice rightly points out, depending upon the details of your Contract of Employment, you may be entitled to full contractual sick pay to cover any loss of earnings while you are away from work due to injury too.

However, if you have suffered any kind of workplace injury and your employer is unwilling to cover the costs, you should consider making a claim.

Before making a claim…

You should do the following;

  • Make a note of exactly what happened. For example, the time, date and place that the injury occurred. If the claim is as a result of you suffering an industrial injury that became apparent over time, such as Repetitive Strain Injury or Carpal Tunnel Syndrome, we realise it can be difficult to remember the exact dates you started to use machinery or other equipment that caused the injury. In this situation, do your best to remember the approximate dates – month and year, for example. Furthermore, make a note of anyone who witnessed you suffering the injury and ensure you have contact details for them. On this, it is a good idea to have a personal telephone number or email address for them rather than their work contact details.
  • Collect as much evidence as you can. For example, photographs of the hazard that caused the injury and how the scene looked at the time, as well as photographs of any physical injuries you sustained. This is particularly pertinent if you have slipped on a wet floor and no warning signage had not been put out, for example.
  • Visit your GP as soon as you can after sustaining the injury – not only can they treat your injury or refer you to a specialist if needed if the care needed is non-urgent, but they can also record the details of your injury and the severity of it in your medical records. Of course, if you need urgent care after suffering a workplace injury, you should visit A&E, where the details and severity of your injury would also be recorded.

It is also important to check your Contract of Employment before making a claim too, as it should contain a section on workplace disputes and the company’s policy for resolving them. We highlight this, as your employer may argue that any claims you look to make as a result of a workplace injury would constitute a ‘dispute’. For example, it may be that your employer’s policy is that any disputes have to be resolved through mandatory arbitration. You should seek legal advice before making any workplace injury claim, but, if arbitration is mandated, it is particularly important that you seek legal advice before entering arbitration, as the result of an arbitration hearing is legally binding and it is unlikely that you would be able to appeal the decision.

How we can help

At The Compensation Experts, we work with specialist legal firms who have a proven track record in successful workplace injury compensation claims. Initially, one of our advisors with have a chat with you, asking you for the details of how you came to be injured. Once this is done, they will advise you whether you may have grounds for a successful claim. As a part of this, we might also obtain medical and industry expert reports to help determine the strength of your case. This is all done on a free no-obligation basis. If it is felt you may have a successful claim, we will then match you with the firm who best suits the circumstances of your case.

What your solicitor will do

If you do then decide to proceed with a case against your employer, the solicitor working on your case will contact any witnesses and will collect as much evidence from you and other sources as possible. This is to help them build the strongest possible case to support your claim. Any witnesses should not be concerned about having to speak out publicly though, as it may be that the other evidence is enough to prove the case.

This evidence and any witness statements will be used not only to prove your entitlement to compensation but also to show how you have been affected physically, emotionally and financially as a result of being injured in the workplace. In turn, this will mean the amount you receive is fair and reflects the severity of the injury you sustained. It should also be said that the majority of workplace injury claims are usually settled without the need to go to court too.

How your employer will respond

Once they has looked through the details of your case and carried out their investigation, your employer’s insurance company will either make a compensation offer or will deny that they are liable. You should be aware that offers at this stage are usually lower than they should be. The solicitor’s role is to advise you how good the offer is and if you choose not to accept it, negotiate with the other side to arrive at an acceptable level of compensation.

If the employer refuses to accept liability or you can’t agree on an acceptable amount of compensation, your solicitor may recommend you submit your claim to court. This action needs to be taken within three years of the date of the injury being suffered or when your symptoms were linked to your job. Negotiations will continue even when a court date has been set, and it is not uncommon for an agreement to be reached hours before a claim is due to be heard in court.

How workplace injury compensation is decided

Levels of compensation decided by the courts are not plucked out of thin air either. They are calculated by looking at General and Special Damages;

  • General Damages consider the physical and psychological wounds you have suffered, as well as what the likelihood of recovery is. Additionally, General Damages would also include the wages you have lost while recovering from the injury.
  • Special Damages, meanwhile, consider any financial expense caused by your injury, including the cost of prescriptions, private medical care and any additional nursing or care support you have needed. You will need to prove you have incurred these costs though, so make sure you keep all your receipts. If you are not sure whether an expense is covered under Special Damages, ask your solicitor before spending the money. In addition, Special Damages may also include compensation for future lost earnings if the injury is so severe you are unable to continue working in the same role.

According to the latest figures for 2018/19 released by the Health and Safety Executive late last year, 1.4 million working people in the UK are suffering from a work-related illness, with 69,208 injuries to employees being reported in the last year. Clearly then, workplace accidents and industrial injuries are unfortunately far more commonplace than they should be. This means we and the legal firms we work with have a lot of experience in these cases and so, are well-placed to help you get the maximum amount of compensation.

If you have suffered a workplace injury, do not hesitate to get in touch with us via our website or by calling 0161 413 8765.

False personal injury claims bring terrible consequences

Posted on by Jonathon

At The Compensation Experts, we have a great deal of experience handling cases for various personal injury compensation amounts. For example, we help victims of road traffic accidents. As such, motor accidents can cause tremendous amounts of damage, both physically and financially. Yet we also need to combat false personal injury claims.

This is a far too common occurrence that affects legitimate claims every day. (more…)