Common Injuries Suffered in Accidents

Occupational asthma claims

Occupational asthma is a disorder that occurs through your work and is caused by breathing in particles that cause the lungs to swell and narrow. It can take a long time to develop, so many people with occupational asthma do not realise that it was caused by their work. They may notice that their symptoms seem worse during the working week or in the evening after a day’s work. 

Professions where occupational asthma is most common

You are more likely to contract occupational asthma if you are a:

• Baker
• Cleaner
• Carpenter
• Spray painter
• Agricultural worker
• Lab worker

Occupational Asthma Categories

Occupational asthma is either:

Irritant-induced

This is usually caused by inhaling gas, fumes, or vapours and generally develops within 24 hours of exposure, possibly as the result of a workplace accident. 

Allergic 

This is more common than irritant-induced occupational asthma and generally takes a longer time period to develop. The sufferer becomes allergic to a certain substance in the workplace.

Occupational injury and work-related illness claims

Occupational injuries or work-related illnesses are usually caused by an unsafe working environment. If you can prove that your employer failed to maintain a safe working environment, provide the proper protection for you to do your job safely, or did not follow  health and safety regulations, you may be entitled to make a claim.

Occupational injuries and work-related illness generally fall into the following categories:

• Musculoskeletal disorders (MSD)
• Stress, anxiety and depression (SAD)
• Chemical-related injuries
• Biological-related (bacteria, fungi, yeast, etc.) injuries

The specific kinds of injuries and illnesses you can suffer include:

• Repetitive strain injuries
• Carpal tunnel syndrome
• Cancer caused by exposure to toxic substances
• Industrial deafness
• Hand Arm Vibration Syndrome
• Dermatitis

Causes of occupational injuries or work-related illnesses

Occupational injuries and work-related illnesses may be caused by any of the following: 

• Poor training 
• Badly maintained equipment 
• Inadequate personal protective equipment (PPE)
• Insufficient rest breaks
• Poor ventilation
• Overexposure to chemicals
• Dangerous work practices 

Establishing liability

Employers have a duty of care to ensure the health and safety of employees in the course of their work. Under the Safety, Health and Welfare at Work Act 2005, they must provide employees with the appropriate training and protective equipment and ensure a safe working environment for staff. If your employer’s negligence caused your illness, they will be found liable.

Under the same act, employees should attend all training employers provide, cooperate with the employer in terms of the regulations in place, and report problems to their employer

If an employee is found to have behaved in a negligent manner, leading to an injury or illness, they will be found liable.

Industrial deafness claims

If you work in an environment with a high level of noise, you should wear ear protection to avoid industrial deafness. Both employers and employees have a responsibility to prevent industrial deafness. However, if you find it hard to hear certain frequencies in your working environment, you may need to investigate the noise levels. 

Workplaces Where Occupational Hearing Loss Is Common

Noise-induced industrial deafness is more prevalent among people who work in:

• Factories
• Construction sites
• Quarries & mines
• Call centres

Industrial disease

Industrial disease describes illnesses that can be caused by unsafe working practices or exposure to harmful substances in the workplace. If you have suffered an injury at work that did not happen because of a specific event, it is likely to be categorised as an industrial disease.

Industrial diseases can be severe or even fatal (asbestosis, for example). Your employer has a duty of care to protect your health and safety while you are at work, so if you were harmed by working practices or exposure to harmful substances, you may be entitled to claim, even if you have left that place of employment.

Industrial diseases may include:

• Hand Arm Vibration Syndrome (HAVS)
• Repetitive strain injury
• Skin irritation
• Noise-related hearing loss or deafness 
• Asthma or respiratory problems caused by exposure to chemicals and dusts
• Asbestosis,
• Other lung diseases caused by dusts Psychological disorders

If you have developed symptoms that you think were caused by your work or working environment, you should inform your employer immediately and ask to be referred to an occupational health specialist for a further assessment. You should also seek medical attention from your GP. 

Claims for injuries caused by industrial disease can be complex, so you are advised to consult an experienced solicitor to progress your claim.

Hearing loss claims

If your working environment operates at a high level of noise, you should wear ear protection to avoid hearing loss. Both employers and employees have a responsibility to prevent hearing loss. However, if you find it hard to hear certain frequencies in your working environment, you may need to investigate the noise levels. 

Workplaces Where Occupational Hearing Loss Is Common

Noise-induced hearing loss is more common among workers employed in:

• Factories
• Construction sites
• Quarries & mines
• Call centres

Tinnitus claim

Many workers suffer tinnitus from exposure to excessive loud noise at work. This is a chronic condition that can cause difficulties sleeping and even depression. In many cases, the injury could have been presented if employers had provided proper hearing protection. 

If you work, or you used to work, in a noisy environment such as a manufacturing facility and now have a ringing, whistling, buzzing or humming noise in your ears, you may have tinnitus. You should attend your GP immediately to be referred to an audiologist to confirm the diagnosis. 

Your employer has a duty to make sure you have a safe environment and are not exposed to anything hazardous, including excessive noise.

It is important you get appropriate advice from an experienced solicitor.

Respiratory injury claims

You may be able to claim for respiratory injury if your employer failed in their duty of care to ensure that you were not exposed to damaging fumes, dust, chemicals, and other substances. 

Asthma is the most common occupational respiratory problem. It can occur if you are not provided with appropriate protection from dust, gas, or fumes. Other industrial respiratory conditions include pneumoconiosis, bronchitis. and emphysema. These are also caused by harmful substances such as chemicals, fumes, or even flour. They are associated with occupations such as plastic manufacturing, metal work, chemical work, coal mining, painting, and baking.

Your employer is responsible for minimising the risks of exposure by providing personal protective equipment (PPE), proper shift rotation, and regular breaks. If you have been exposed to an unsafe working environment the consequences for your health can be severe, so it is important to consider making a claim.

Other injuries

Hernia injury claims

A hernia occurs when tissue pushes through the wall of the cavity where it should reside. It is usually caused by manual handling.If left untreated, it can cause ongoing pain and mobility issues. If you have not received proper manual handling training or lifted heavy objects without the proper tools and machinery, you may suffer a hernia. 

Types of Hernia

A hiatal hernia happens when the stomach bulges up into the chest through the opening of the diaphragm. This can be the result of an earlier injury, which weakened the muscle tissue. It can also happen if the stomach muscles are under excessive pressure due to coughing or heavy lifting. 

Inguinal hernias happen when tissue pushes through weak spots in the abdominal muscles. It can prompt pain when you cough or lift something heavy. Without treatment, an inguinal hernia can cause long-term illness or injury.  Medical treatment is required immediately to prevent the injury from deteriorating.  

A femoral hernia is quite unusual, particularly in men. It causes  pain and discomfort inside the thigh, as well as nausea and severe stomach pains. If left untreated, it can obstruct blood flow to the intestines.

Incisional hernias happen when a previous surgery causes the intestine to push through the abdominal wall. It can occur because of inactivity during the recovery stages of surgery and is particularly common among the elderly.

Establishing liability 

Proving who is liable for a hernia injury is difficult but vital for making a claim. If you lift heavy objects in work on a daily basis, your employer is obliged to ensure that you receive proper manual handling training to help prevent injury.

Rib injury claims

A rib injury claim arises following an accident or incident where blunt force is applied directly to a person’s ribs. This can result in a fracture, break, bruising or tissue and muscle damage to the ribs or the structure which supports them in the rib cage, such as cartilage or muscles.

Establishing liability

If you have suffered rib injuries caused by the negligence of another party, you may be entitled to make a claim for damages. The first step in this claims process is to establish who was responsible for causing the injuries. This will depend largely on  the circumstances in which your injuries were suffered. Rib injuries can happen at work, playing sports, in road traffic accidents, and in public places. 

Common rib injuries

• Broken and chipped ribs
• Internal injuries
• Tissue damage
• Ligament damage
• Bruising
• Chest injuries 
• Pain 

Skin injury claims

Skin injuries can include dermatitis, eczema, psoriasis, burns, cuts, and lacerations. These injuries may be sustained because of an accident, but the skin condition itself may develop over time. If you have suffered a skin injury due to no fault of your own, you may be entitled to make a claim for financial compensation.

Establishing liability

Proving who was liable for the skin injuries is the first step in making a claim. Skin injuries are commonly associated with accidents at work. This is usually through skin contact with a toxic substance or chemical. If your employer is found liable for failing to ensure the health and safety of their employees throughout the course of their work, you may have grounds for a claim. If the injuries were suffered in a public place, the owner or occupier of the premises may be found liable because they have a duty of care for the safety of visitors to the site. You may proceed to the next stage of the claims process, if you can prove liability.

Psychological injury claims

To make a claim for a psychological injury, you must be able to prove that you suffered a quantifiable psychological injury because of somebody else’s negligence or failed duty of care.

Types of Psychological Injury Claims

Psychological injuries are varied and can range from the mild to the severe. The most common psychological injury compensation claims are for post-traumatic stress disorder (PTSD). These may arise in situations such as car accidents, accidents at work or public liability (trip and fall claims). Psychological injury claims can also arise from witnessing an especially traumatic event or medical negligence. 

How psychological injuries are proven

Psychological injuries can be difficult to prove, so you will need to gather as much evidence as possible. Before you consider making a mental injury claim, you need to have been diagnosed with a medically recognised psychological illness/injury.

Each psychological injury claim is different because the effects of PTSD and other psychological illnesses vary so much. You have two years in which they can make a claim for compensation, so it is important to speak with an experienced solicitor as soon as possible.

Perineal tear injury claims

Perineal or vaginal tears involve a split in the skin and muscles between the vagina and the rectum, usually during a natural childbirth. It is a common occurrence in vaginal births, but it can be caused by negligent medical treatment. 

Effects of perineal tear injuries

Women who carry babies weighing more than 8lb or 4kg are more likely to suffer a perineal tear. The risk is also higher during labours in which the second stage happens quickly or when assisted delivery (using a forceps or ventouse) is required. 

The injury can cause severe pain to the pelvic and abdominal areas, negatively affecting the bonding between mother and child and increasing the risk of postnatal depression.

Symptoms can be long-lasting and cause serious pain and suffering in a woman’s life. If a woman suffers a perineal tear injury without a clear reason, it may be worth reviewing medical records to see if medical negligence occurred. 

Amputation claims

Amputation is a traumatic experience and a medical option that medical teams do not undertake lightly. Surgically removing a limb has life-changing effects on an individual’s quality of life. It can also lead to mental health problems such as post-traumatic stress disorder (PTSD).

Why Amputations Happen

Amputations can be either traumatic or surgical. A traumatic amputation happens when a sudden, violent event such as a serious accident with machinery causes you to lose a limb.

Surgical amputations take place when blood supply to the injured limb stops, causing necrosis, or the death of the cells in the tissue within the limb. The limb is then removed surgically.

Months of rehabilitation are required after an amputation. Patients must learn how to use a prosthetic limb and adapt to their changed circumstances. 

If the injury that caused your amputation was not your fault, you may be entitled to claim for compensation. To find out more about your options, consult your solicitor.

Nerve injury claims

Nerve injury can cause pain, numbness, and burning sensations. Chronic nerve pain can be life-changing for the affected person and cause damaging psychological effects, including depression. 

Establishing liability

If you have experienced a nerve injury because of an accident or surgery complications, you should consult a solicitor to find out if you are entitled to claim for your injuries. Nerve injury compensation claims consider the potentially life-changing consequences of these kinds of injuries.

Common causes of nerve damage

• Nerves being severed during surgery
• Improper administration of anti-blood-clotting drugs
• Injury to the brachial plexus during childbirth
• Insufficient blood supply 
• Negligence in procedures such as acupuncture 
• Nerve exposure as a result of teeth damage
• Improper use of needles, particularly when taking blood 

Delayed accident symptom claims

Not all car accident injuries are immediately apparent after the accident. Some effects may not appear at first, due to the initial shock, and you may not suffer pain until several days or even weeks later. 

It is important to seek medical attention after an accident, even if you don’t notice your injuries, because a doctor may be able to notice something that you missed. 

If you suffer delayed accident symptoms after an accident that was caused by another party, you may be eligible to make a claim for damages. You have a time limit of two years less one day to make a claim.

Common delayed accident injuries

• Neck and shoulder pain
• Headache
• Concussion
• Whiplash
• Blood clots
• Neck injury
• Brain injuries
• Post-Traumatic Stress Disorder (PTSD)
• Back pain
• Numb limbs
• Abdominal pains

Burn injury claims

Burns can happen in settings such as car accidents, workplace accidents, and public places. They can cause permanent nerve damage, as well as damage to tendons and ligaments, particularly if physical contact is made with fire, heat, chemicals, electricity, or radiation. Long-term effects can include scarring and reduced mobility.

Establishing liability

If you have suffered a burn injury that was caused by another person’s negligence, you may be eligible for financial compensation. You need to prove who was responsible for the accident and your injuries before making a claim.

Burn Categories

Burns are categorised into three groups based on their severity: 

1. First degree burns cause damage to the top layer of skin only. 
2. Second degree burns cause more severe damage and can penetrate the dermis, causing minor scarring. Such burns can become infected if not treated properly. 
3. Third degree burns are the most serious fire burns, penetrating the layer of skin beneath the dermis. Skin grafting may be required, and permanent scarring can result. 

Common burn injury causes

• Electrical burns can be classed as low-voltage, high-voltage, or oral burns.
• Flash burns occur when an electrical arc that touches the skin. 
• Arc burns happen when electricity moves from one place to another and, although they may not touch the person, they can be hot enough to start a fire on a person’s clothing.
• Flame burns can occur when objects touch an electric current, producing a flame that starts a fire.

Soft tissue injury claims

A soft tissue injury causes damage to your muscles, ligaments or tendons. Such injuries often occur after a sprain, a contusion, or overuse.

They are classed in three grades, based on severity:

• Grade 1

This is a minor injury that will usually heal in under a fortnight. 

• Grade 2

This is a moderate sprain or strain and may cause swelling. It can take up to four weeks to heal properly.

• Grade 3

This involves a complete rupture of the muscle that can cause severe pain and discomfort, as well as reduced mobility. Recovery times are much longer and may depend on the injured party’s age and general health.

Soft tissue injury claims are made through the Injuries Board as a personal injury claim. You need to prove who is liable for the cause of the injuries. If somebody else’s negligence caused the accident they could be found liable.

Scarring claims

If you have suffered scarring in an accident that was not your fault, you may be entitled to claim compensation. Scar injuries are usually permanent skin disfigurements that are visible and unlikely to be removed by plastic surgery.

The first step in your scarring claim is to establish who was responsible for the accident that caused it. Claims for scar injury compensation vary hugely in terms of circumstances and the settlements agreed. Settlements of scar injury compensation can be influenced by the victim’s age, gender, and lifestyle.

You should consult a solicitor if you have suffered a scarring injury and are considering making a claim.

PTSD claims

Post-traumatic stress disorder (PTSD) can occur after a serious traffic accident or a traumatising incident and cause long-term emotional difficulties. If you have suffered PTSD due to an accident that was not your fault, you may be able to claim compensation. 

Your first step is to get a medical diagnosis in writing that indicates you have suffered a physical injury that caused emotional pain and suffering. PTSD can be difficult to describe and manifests itself in different forms. It must be diagnosed based on the medical history of the victim, who must have been involved in a traumatic event, such as a car crash. 

If you believe you are suffering from PTSD because of another person’s negligence and would like to pursue a PTSD claim, you need to contact your solicitor with the details of how and where the traumatic event happened.

Food poisoning & gastric illness

If you become ill with food poisoning or gastric illness because of poor levels of hygiene or improperly cooked food, you could be entitled to claim compensation.  

Food retailers and suppliers have a duty of care to meet the hygiene standards put in place to protect their customers from getting sick. If you have suffered food poisoning after eating at a restaurant, pub or other food outlet, or after eating food bought in a shop, get medical treatment before consulting a solicitor. 

Food poisoning infections include:

• Salmonella
• Shigella
• E.coli
• Giardia
• Norovirus
• Rotavirus
• Campylobacter
• Cryptosporidium

Legionnaires’ disease

Legionnaires’ disease is a severe and sometimes fatal lung condition caused by infected water. Basic water management practices prevent it occurring, so if you contract it, you may be able to claim compensation because of the negligence of another party. 

Legionnaire’s disease is caused by bacteria called Legionella. This bacteria is quite common, but it spreads under certain  conditions to cause Legionnaires’, a type of pneumonia. 

The two factors that help Legionella spread are:

• A water temperature between 20 and 45°C
• A food source such as limescale, rust, or algae

Spas, hotels, and other large buildings with complex water systems present a greater risk of legionella contamination and are required to follow the appropriate maintenance regimes to prevent it happening. If you contract the disease on holiday, your tour operator is responsible for ensuring your hotel meets  health and safety standards.