David Hynds has faced the accident at his work place and he got the compensation for his injuries for £70,000. It is reported that Mr David Hynds was working in the engineering firm, David Reekie and Sons. As he was working in the engineering firm located in Lincoln in 2008, he met with an accident when a cutting tool fell from the height of four meters on Mr Hynds and it trapped him between the girder support and ground.
Mr David Hynds, belong to Kilbarchan was injured during the routine working in the engineering firm and he tried to save himself from the girder support. During to process of getting free himself from the girder support, the cutting tool fell upon him and pressed him against the ground. After some time of struggling to get free from the weight of cutting tool, he was slid down from the tool. He was immediately shifted to the Lincoln County Hospital for necessary x-ray for his injuries. In the x-ray report, there was no sign of fractures in his body parts.
Mr David Hynds reported that he suffered severe pain in his spine due to compression of the girder support and the ground. The doctors diagnosed that he suffered from soft tissue injury and they provided him necessary medical treatment and advised him to go back to the work. Similarly, another assessment was taken in the Royal Alexandria Hospital in Paisley. The doctors carried out his medical treatment and advised him to take painkiller and go back to the work and do the light work prescribed by the medical experts.
Again in 2009, Mr Hynds stopped working with the complaint of pain in his body. His MRI scan was conducted which showed that he was suffering from compression deformity of spine and he will undergo a major surgery for the reconstruction of the affected parts of his body to make it correct. The surgery of the compression deformity of the spine was undertaken.
Mr Hynds filed a suit in the court for the compensation claim on medical ground as the work accident may result into his disability or he may face financial problems due to his work accident and he sought £500,000 as compensation amount for his pain and suffering. The court admitted his claim and ordered for grant of compensation claim to him for his sufferings. Due to his suffering and pain, he also got the replacement of his earnings and pension from his engineering firm, David Reekie and Sons.
While pronouncing the judgment of the case, the judge, Lord Glennie said that Mr Hynds had received life threatening and serious injuries which could endanger his life. He fought his case in the court but did not give any gesture that he was exaggerating the impact of the accident, which he received physically and psychologically. He gave good impression during his case that he was good witness of the case and he accepted all the decisions of the court regarding compensation claim on the ground of work accident.
There is continuously rising in the work related incidents in Zimbabwe which endanger the life of the workman and labor. The government is also worried a\t this situation that how can these accidents related to work be stopped or curtailed to minimum extent. The government has also conducted a survey of the first four months of this year and report to this effect states that there are about 140 casualties happened and about 1867 people were injured in these incidents. If we compared these figures with the last year same period figure, then we find that there were 35 casualties and 1607 people got serious injuries.
A government official said that it is need of the hour to create awareness among people on the safety and occupational health issues. The government is also worried that the environment in the factories and other work places is also not good for the health of the labor, which tells upon their health which is becoming serious issue day by day. The government and other institutions should take concrete steps to avoid these health worsening situations at the work places. People go to their work places happily and with hopes but they return back with helpless heart and mind as the working conditions are not ideal and they also face different problems which endanger their lives. The work conditions tell upon their health and they become sick and hospitalize some times.
The education level in the schools is very low and training is also not given to the workers to perform their particular duties. Most of the times, factories do not adopt the precautionary measures in order to avoid accidents. The factory owners or other related departments do not give training to the labors for the safety of their lives. They can make mistakes which resulted in to mishap and they can lose their lives or limbs. Recently there was an accident happened in the surrounding area of Zimbabwe capital, Harare. The chemical factory claimed three lives, when some labors were dealing with the chemical. In this tragic accident, while supplying chemical to other entrepreneurs, the chemical caught fire quickly. The flames of the fire were very high and the labor ran to save their lives but unfortunately some labors caught fire. Fire extinguishing equipment were also not available at that time and now arrangement was there to throw water over the fire. About three labors were died and 34 were injured. Some were in very critical condition and they were shifted to the hospital.
The labors made protest against this incident and they raised slogans in their favor to claim compensation claim for their fellow labors. The labors refused to resume their duties and declared that they would be on strike till their demands could not be met. When the situation became intense, then the case was taken to the court for justice. The court investigated the case thoroughly and examined the whole proofs and held the factory owners responsible for this tragic incident as they failed to provide safety measures to the labors which resulted into the loss of three labor and 34 injured. The court set up a committee to calculate the compensation claim keeping in view the injuries and death of the labors.
A Police officer of the South Yorkshire had to face an accident in the snow falling and winter season. The police officer was deputed to perform the duties and during his duty he slipped and fell down on the black ice. Due to this falling, the police officer received serious injuries and his leg was broken. It is also reported that his ligaments were also destroyed and he was shifted to the hospital immediately. In the hospital he was given necessary medical treatment and his broken leg was operated upon. After some days, the police officer of South Yorkshire was discharged and he was advised for the bed rest and report to hospital after some days for his again medical check up.The police officer filed his case for the compensation on the part of the work accident to his department. In the compensation claim, he was opted that he was performing the assigned duties and during his duties, he met with an unfortunate and sudden incident. He was slipped and received injuries to his different body parts. The department examined his case and carried out their necessary investigations of the incident. The department has accorded approval for award of compensation to the police officer against the sad accident, which he met during his duty. The department has awarded him total £8,162 which was highest compensation claim amount the police department of South Yorkshire has approved for any police officer.
The police officer claimed this compensation claim for the accidents which he met unfortunately and the grievances which his family had to face during these worrying days. The police department has acted responsibly and they responded with immediate investigation of the case and when they reached to the conclusion, they accorded approval of the compensation without further delay. Similarly another work accident occurred with the pc when they got injured on their backs during the loading of concrete block in the police van. The injured persons were taken to the hospital where medical treatment was provided to them. The case was reported to the responsible police officers by the injured persons with the compensation claim for the injuries they have suffered during their duties. The police department ordered for the investigation of the work accident case to find out what had happened with them.
After thorough inquiry and keeping in view the medical reports of the hospital from where the injured persons got the medical treatment, the police department accorded approval for the compensation claim against their injuries. It is noted that the compensation claim were awarded to various police officers to receive injuries or face accidents during their duties but some police officers also claimed for compensation on the minor injuries, which are all controversial. During March, the Home Secretary ordered to review the work compensation claim in the Police department and replace the old existing rule for compensation claim and set up the limit of the compensation claim for the injuries or accidents.
The football lover and activist Richard Swanson has been died in a road accident about 4 days ago on May 16, 2013 due to fierce hit by the pickup truck. He was going to Brazil from Seattle through road while dribbling the foot ball on the road. As the next Football world cup is going to be held in Brazil so he wanted to fascinate the fans and lovers of football spreading across the world through his astonishing effort to reach Brazil while dribbling the football on the road.
Swanson, who was 42 years old and the resident of Seattle, started his journey from his city, Seattle from May 01, 2013 on the Highway 101 along the Oregon coast. He was walking and dribbling the football on the Highway and was going to Brazil by dribbling the football all the way to Brazil, where he will reach on the occasion of Football World cup 2014. Through this activity, he wanted to promote his love and passion with soccer and support ‘One world Futbol’ project with the objective to donate soccer balls to the developing countries and promote this international game.
The sad demise of Swanson brings questions in mind that what will be happened. Is the pickup truck driver, who hit him, will be declared responsible and he will be charged or it is not fault on his part. If the work accident claim rules are consulted then you will find that there are some possible legal steps involving the wrongful death cases, which allow the spouses, children and parents of the deceased to lodge the case for the recovery of damages done with the deceased and his family resulted by wrongful act or omission. The family of the deceased can file the case in the court of law within three years after the death of the victim. The case will be investigated by the police authorities and the legal aspects of the cases will be determined that this accident is a result of wrongful act or omission or not and the driver of the pickup truck is responsible for this negligence in the work accident claim or not.
The police will also determine that the pickup truck driver commits the crimes of intoxication, typing text at the time of driving, or driving the truck negligently and hit to other vehicle or person. The investigation report did not appear yet which indicate what happened with pickup driver and why did he hit Swanson. His family will surely get the investigation report and scrutinize it to know what the actual situation is. In the light of investigation report, they will decide to lodge the case for compensation in the court of law. If they successfully conduct the wrongful death case in the court then they will be granted the compensation charges to meet the expenditure incurred on funeral and burial or the loss of companionship. The cases for work accidents are met through court with the help of proper and just investigation carried out by police. Police can also take the help of scientific methods to come to the conclusion.
Huge number of people is associated with industrial, mining or labor work to earn their living and they may have to face various types of accidents at their work place. These workplace or occupational accidents may lead to the physical or mental damage to the person. International Labor Organization has released a report in which they mentioned that about 337 million work accidents are happened each year. Sometimes these accidents are happened on the place of work and sometimes away from work but associated with the work. The work accident can be resulted into physical or mental damage and it lead to disease, injury or even death.
The occupational accidents are different from the occupational diseases which are not sure and even unplanned and occupational diseases are happened due to constant use of risk factor of severe poisoning or work in the gun powder factory, assault of animals, humans, or insects, accident on road, slipping on staircases or from height, accidents on station or airports during performing the duties. The department or the factory or the institution for which the worker is doing work, are responsible for the injuries or disease or death to the worker and they compensate his damages or losses of limbs.
There is also no procedure provided in the law to calculate or consider the work accident on the way to work or coming back to home after work. The ILO has conducted its various conventions in which it is determined the health and safety assurance at the work. In some countries these health and safety concerns are considered as separate kind of accident and in some countries, these accidents are included in the work accidents and they are also considered for the compensation to the victims. The work accidents which lead to loss of human life can be defined as fatal accidents. The rules and regulations for the fatal accidents are different in all countries. As the accident in Netherlands is considered fatal, if the victim receives injuries as a result of any work accident and dies on the day on which accident is occurred. Germany adopts the rules that the accident is considered fatal if the victim dies within 30 days of the accident. However, Greece, Belgium and France have not settled any time limit to register the fatal accident.
The adequate legislation has not been formulated in most of the countries like developing countries, which allows various factories or departments to get work from the worker in illegal way and this results into loss of their limbs or suffer from injurious diseases or even death. These victims are also faced the problems to get register the case for the compensation of their injuries. In some cases, if they get registered their cases, then they have to come across for the payment of the compensation. The family of the victim has to contact with the legal courts for the settlement of the compensation claims if they do not settle outside the court through mutual understanding. It is need of the hour to formulate the effective and adequate legislation which ensure to reduce the work accident and timely payment of the compensation claims to the family of the victims.
According to the legislative compensation law, the worker can get the compensation for their loss in shape of injuries or death, they are provided with insurance which is the replacement of wages and the victim get the medical facility during his work. The worker can get this compensation from his employer on behalf of his negligence occurred during working hour. The work accidents are mostly occurred with the labors as they work in the heavy industry or factories and during their working they may come across some untoward situation which resulted into unexpected consequences.
The work accident tells upon the human injury of loss as well as economical loss as in some cases the victims become unable to carry on their job or work so they have to face the poor economics situation in their homes and with their families. They are likely to be provided the compensation for their economical loss or reimbursement of medical and other similar expenditures. The victims are also provided with the health insurance, who work in the factories and work places. It is also enacted that the damages done by the mistake of the worker at work place or away from worker cannot be considered for compensation.
In the advanced countries, the legislation has been done for grant of compensation to the employees and employers and it gives advantages to both parties. This legislation can help them to settle the compensation cases which occurred as a result of work accidents. In the legislative compensation law, the schedule of the amount and form of compensation has been mentioned to consider the entitlement of the compensation. In case of new forms of work injury like repetitive stress injury or strain, no compensation is awarded to the victims and they have to contact with the court to get their compensation. The loss of the body part is also calculated according to the profession, the victim has adopted.
In Australia, the impressive labor movement was started in early 20th century for the effective legislative compensation claim and it is evaluated every year. This legislation helps the worker to avoid work accidents, governing of safety laws, helps the injured workers to come back to their work and manage the compensation scheme for the workers. National Social Insurance Institute has been established in Brazil for the provision of insurance and pay the rights to the workers when he lose ability to work, death, disability imprisonment or even pregnancy. This institute helps the workers to meet their demands by the compensation provided by this institute.
Canadian government starts their social programs for provision of necessary compensation to the workers and helps them to avoid work accidents. They introduced the system under which the workers, who injure due to work accidents, should be compensated. Various other countries like Germany, Greece, Japan, Mexico and UK in which the work accident cases are treated with compensation to the victims. These countries also formulated the legislation to ensure the safety of the workers and emphasize on the steps taking for the safe and secure environment for the workers.