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#1 Posted : 17 April 2008 16:09:00(UTC)
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Posted By BethR I am doing a presentation to a bunch of school leavers, i am looking for an example compensation amounts. For example Man gets hit on head, while in correct PPE and following rules and regs gets x amount of compensation. Man gets hit on head, with no PPE gets x amount of compensation. I am wanting real life cases, just to show what could happen in worse case scenario, ie not being able to work again due to their own actions. If that makes sense!!! Thanks Beth
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#2 Posted : 18 April 2008 08:43:00(UTC)
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Posted By Paul L Williams Beth, With any compensation claim it would be based on civil law "negligence". For the claim to be successful if would have to be proven that there was a duty of care owed to the person, the duty was breached, which resulted in an injury damage or loss. If a man gets hit on head, while wearing the "correct PPE and following rules". By stating the correct PPE, I take it you mean a hard hat. Then he would get nothing as he would not have been injured. If he was hit without wearing any PPE or having adequate training etc, there would be an accident investigation to establish if any remedial action could be undertaken to prevent future re-occurrence. If a claim was then made by the injured person the companies insurer would also undertake an investigation looking at competence, training, management systems, PPE issued etc, to establish if there had been any negligence or breaches of legislation by the company. If there was any contributory negligence associated with the person not following rules or undertaking an unsafe act then any claim could be reduced accordingly. For case studies I suggest talking to insurers (claims investigators) rather than safety practitioners. Regards Paul
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#3 Posted : 18 April 2008 10:06:00(UTC)
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Posted By 247hero Paul, I don't think what you have said is quite correct? What if he was wearing a hard hat, and a pallet of bricks fell on him, or a sledgehammer landed on his head from a height. No hard hat is going to protect you from the impact that travels down through the neck and spine, so still no compensation? Just a thought.
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#4 Posted : 18 April 2008 10:54:00(UTC)
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Posted By BethR I have done these talks a few times and the boys are always interested in “what’s in it for them”. They are very much of the attitude of “well if something goes wrong I’ll just sue you”. All I am trying to get across to them is they need to play there part as well.
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#5 Posted : 18 April 2008 11:24:00(UTC)
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Posted By 247hero Hi Beth, off the top of my head I am struggling to think of specific case law, but I'm sure others here will know some. As we are talking about school leavers, I am wondering if stories on the resulting injuries, and the impact they have had on specific individuals and their families may be as effective. Good luck,
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#6 Posted : 18 April 2008 12:59:00(UTC)
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Posted By Ron Hunter I personally would try a slightly different tack? In any circumstances, damages are only based on the extent of the injury. Why not ask them how much they would be prepared to sell one of their eyes for (what value would they place on the loss of one eye)? Then ask for a quote for both eyes. What about their car, their lifestyle, circle of friends, relationships etc. - all of which they could lose following a serious head injury? What about the ability to pick up and read a paper, play sports, hold a pint glass or beer bottle - all of which they could lose if they don't follow instructions for use of vibrating tools (always good for a snigger with the youngsters too). You get my drift?
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#7 Posted : 18 April 2008 13:37:00(UTC)
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Posted By Paul L Williams Beth, This is taken from the Judicial Studies Board Injury Guidelines 2002. (6th edition) The book setts out levels of awards. If you are interested you will be able to buy the latest edition online. (8th edition) The book is designed to provide a clear and logical framework for the assessment of general damages while leaving the discretion of the assessor, since every case must depend to a degree on its own facts. They provide an invaluable guide to all those involved in personal injury litigation: solicitors, barristers, insurance companies, trade unions, and medical defence organizations. ? Brackets have been adjusted for the change in the value of money. The last edition described awards in May 2000 so the strict RPI increase over the period is 170.7 to 179.9, about 5.2%. The Guidelines are descriptive of judicial behaviour rather than prescriptive so the increases are not mathematically consistent. As a very broad indication of the scale of the revision, many awards between £100,000 and £200,000 have been increased by £5,000, and many awards between £50,000 and £100,000 have been increased by £2,500; ? to illustrate the changes made for inflation: ? the highest awards at the top of the brackets for quadriplegia and very severe brain damage increase from £200,000 to £205,000; ? in the mid range, below elbow amputation of one arm increases from £47,500 - £55,000 to £50,000 - £57.500; ? the bracket for moderate whiplash increases from £7,000 - £12,500 to £7,250 - £13,000; ? the bracket for simple fracture of the jaw with complete recovery increases from £3,250 - £4,250 to £3,350 - £4,500. ? There are new sections on asbestos-related disease, injury to the digestive system and dermatitis; ? the brackets for minor whiplash and minor back injury are now subdivided; ? there is a new (and more realistic) upper bracket for severe shoulder/brachial plexus injury of £10,000 to £25,000
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#8 Posted : 18 April 2008 13:51:00(UTC)
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Posted By Paul L Williams Beth, Sorry I meant to post this list not the one above!! Quadriplegia (paralysis of all four limbs) Low End = £160,000 High end = £200.000 Severe brain damage Low End = £140,000 High end = £200,000 Paraplegia (paralysis of lower limbs) Low End =£110,000 High end = £140,000 Moderate brain damage Low End =£75,000 High end = £110,000 Total deafness Low End =£45,000 High end = £55,000 Severe post-traumatic stress Low End =£30,000 High end = £50,000 Severe facial scarring - female Low End =£24,000 High end = £48,000 Severe loss of function in wrist Low End =£24,000 High end = £30,000 Moderate whiplash to neck Low End =£7,000 High end = £12,500 Simple fracture of the forearm Low End = £3.250 High end = £9,500 I know its not a case study but you might be able to build one around these figures. Thanks Paul
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#9 Posted : 18 April 2008 14:56:00(UTC)
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Posted By BethR Thanks for the comments guys. Think i will take Ron's approach with them, as i said before they are only kids. When we discussed this on the last talk i did they were all shocked by the fact that they have responsibilitys. i think many of the thought "no matter what i do its my employers fault" i have to say i find this problem with some of the guys on our sites as well.
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