Showing posts with label Occupation. Show all posts
Showing posts with label Occupation. Show all posts

Tuesday, September 4, 2012

Industrial Disease and Occupational Illness Kill 8,000 in Britain Every Year - Know the Risks

As far as occupational illness and industrial disease is concerned, governments and employers have always been slow to react to new research and findings.

Many of us in the UK are now aware of the threat posed by asbestos and due to new risk management practices, many construction and factory workers know not to handle vibrating tools or equipment for prolonged periods of time; to prevent the onset of Vibration White Finger or hand-arm vibration syndrome (HAVS)

To illustrate the relationship between discovery, and the implementation of preventative measures, the link between Vibration White Finger and the use of vibrating tools was discovered following a study conducted by Alice Hamilton MD in 1918; a scale for assessing the condition didn't appear until 1975, and even then, it wasn't until a decade later that it became listed as a prescribed disease. Then in 1997, the UK government paid £127,000 in white finger claims to seven coal miners suffering from vibration white finger. So between discovery of the condition, through to official recognition of the problem, we have a gap of 67 years, 79 years if you count the wait for a successful claim to be made.

In the present-day, this comparison is obviously unfair, as modern medicine and research has developed incredibly, as has the responsibility of employers to protect their employees.

Even so, Asbestos has a very similar history, in that its ill-effects on health were noted as early as 1898 where the British Chief Inspector of Factories reported that asbestos had "easily demonstrated" health risks. Around this time, a mortality study was conducted among asbestos workers in France, the first of its kind; prompted by the death of 50 workers.

These early studies ensured that asbestos fibre exposure was recognised as an occupational health hazard from the early 20th century. This stance was further compounded with a myriad of epidemiological studies that linked asbestos exposure to asbestosis, carcinoma of the lungs, diffuse pleural thickening and the development of pleural plaques; among many other conditions.

Despite this, asbestos use was pervasive; finding its way into building materials, industrial products and household textiles and appliances because of its heat retardant properties.

According to historical sources, it's thought that Asbestos has been mined for over 4,000 years; but asbestos mining didn't reach its peak until 1975, despite the fact that its ill-effects were already well known by this point. in the 1950s, researchers recommended that warning labels be attached to asbestos products and in 1953, the Safety Director of National Gypsum wrote to the Indiana Division of Industrial Hygiene, recommending that acoustic plaster mixers wear respirators. Despite these efforts, companies removed all mentions of 'cancer' in relation to their product in all sponsored research and the Safety Director's letter, was retrieved before it reached its destination.

With little official opposition, asbestos use continued well into the 1980s, but it wasn't until 1985 that the UK government banned blue and brown asbestos materials; whilst white asbestos wasn't outlawed until 1999.The United States on the other hand, still allows for its use in certain cases.

So in the case of Asbestos and its catastrophic ability to inflict a variety of industrial diseases; the gap between recognising the problem and governments actually reacting effectively has been over two centuries.

Luckily, these days we have medicinal research journals and health organisations in place to affect the decisions of government officials to prevent such widespread epidemics. Recently, research published by the Health and Safety Executive revealed that around 8,000 people in Britain die each year as a direct result of industrial disease or occupational illness, such as those caused by lead poisoning and asbestos use. Interestingly, the results show that half of these deaths were in male professionals with a construction background.

In addition to these findings, diesel engine fumes have also been classed as a carcinogen as a result of findings published by the Agency for Research on Cancer. Further work performed by the Scandinavian Journal of Work, Environment and Health, presents findings indicating a link between night shift working and contracting breast cancer.

Will it be 100 to 200 years before employers and governments make changes to prevent further damage courtesy of the subjects of these studies? Let us hope not. For those that are aware of these findings however, they can take steps to protect themselves now. Mechanics and automotive professionals can use appropriate masks or ventilators when working around diesel engines, whilst female night shift workers can consider limiting their hours as a precaution.

Whatever your industry, it's prudent to keep abreast of medical developments in your field. Even for sedentary desk workers, the effects of sitting down for long periods are well known, and can lead to all manner of weight and cardiac problems if not prevented or remedied with an appropriate diet or sufficient exercise.

So, don't become one of the 8,000. Be aware and stay healthy.

Unfortunately for some, it's a little too late for preventative measures, but it isn't too late to make a claim. In some instances, eligible claimants can also be entitled to state payments from the government. So if you're suffering from ill health that could be related to your past occupations, there may well be a connection.

Some of the most common industrial disease claims include asbestosis claim, back pain compensation as well as for cases like occupational asthma and white finger claims.

If you would like more information on whether you're eligible to make a claim, or if you would like some advice on how to proceed with making one; speak to your local personal injury solicitor today. Money can't repair the damage, but it can help to make life easier if you succeed.

Asons Solicitors is a Bolton-based law practice that specialises in personal injury and industrial disease claims. Founded by brothers Imran Akram and Kamran Akram, Asons Solicitors has developed to become a young and dynamic law firm that delivers practical solutions to clients in times of difficulty. Their continued focus on their staff has seen them awarded with the Investors in People "Gold Award"; which is reflected in the professional and personable approach they take in working with clients. They strive to grow and to develop, and their supportiveness and attention to detail ensures that their clients use them time and again.

Monday, August 6, 2012

Disabilities, Personal Injury Settlement, and Trusts

If your loved one has recently suffered a lifelong disability from someone else's negligence, it's likely that you are settling or have settled a personal injury award that will help compensate you to care for your loved one over the course of their lifetime.

Taking care of such funds can be overwhelming, though, especially if your loved one is now unable to manage the funds on their own.

A disability trust set up after a personal injury settlement is one of the most practical ways to conserve resources from a settlement in order to care for a person's disability over the course of a lifetime. If the disabled person is receiving benefits from state or federal programs such as Supplemental Security Income (SSI) or Medicare, a trust can be a way to provide for the disable person's discretionary needs without planting a large cash asset in their bank account, disqualifying them from social programs.

Besides basic provisions such as shelter and food, trusts can be used to provide for a large number of needs that the disabled person may encounter over the course of their lifetime:

· Physical Accommodation Needs: Trust funds can be used to modify homes or automobiles in order to make them user-friendly.

· Education Needs

· Non-medical companion or attendant services

· Physical Needs: Funds can be used for wheelchairs, glasses, or clothing

· Travel and Entertainment

Trusts are very flexible, but they need to be set up appropriately in order to maximize their potential. The first step is to choose a trust that meets your needs. There are several different types of trusts that can be used to preserve the money from a personal injury settlement or other funds that people may wish to gift to the disabled person.

Each one comes with a certain structure and specific restrictions:

· Supplemental Needs Trust- Set up by a third party, this trust kind of trust is used to assist a disabled person with discretionary needs

· Solo- Benefit/Disability Trust- This type of trust is set up with the personal funds of a disabled person, usually from a personal injury settlement. It can ensure eligibility for Medicaid. The money remaining at the end of a lifetime is usually paid back to the state.

· Pooled Trust-These types of trusts are managed by a nonprofit for disabled individuals and can be set up by the beneficiary or a third-party. At the end of the lifetime, remaining assets are usually used to care for other disabled individuals rather than paid back to the state.

You should talk to your attorney to see if they are familiar with how trusts work. If not, ask for a referral to an attorney specializing in wills and trusts. A familiar attorney will be able to educate you about the different types of trusts available and will help you choose the best kind for your situation.

Trusts can make sure that personal injury settlement funds or other funds that people may want to provide for a disabled person are neither squandered nor consumed by taxes. If your attorney hasn't yet recommended a trust, ask them today or seek the council of another personal injury attorney familiar with how trusts work.

Thursday, June 17, 2010

Class Action Lawyers - A Fast Manual on This Legal Occupation

With TV shows showing more legal episode on air daily, it's easy to determine why lots of individuals have become curios about class action lawyers and the function they do. If you're intrigued regarding this career along with the legal problem it deals with, listed here are some quick pointers.  

What's class action?

A class action is a lawsuit taken and filed on behalf of a group who've experienced damage or harm as a result of the steps of a business. In the USA, this suit is quite typical to observe because it can include a broad range.

For instance, this legal action could be relevant if a firm's employment or income practices violate the rules. In this case, workers within the corporation are going to be the concerned party submitting the case. Another good illustration is the case that could be filed versus a pharmaceutical firm.

If a pharmaceutical firm, for example, starts generating illegal and bogus promises about the medication or treatment they provide and this leads to hurt or loss of life to people who took the drug, then a class action in behalf of the victims could soon follow.  

What do I have to pursue such a case?

Because the primary prerequisite is to file in behalf of a group, you will need other individuals with you to do so. You cannot expect to file it by yourself because the law will see you as an individual submitting a suit on your own.

One other significant prerequisite is to employ a class action lawyer that may research the case and dispute this before the courtroom. This individual will operate as your group's attorney. This individual will probably be submitting the essential papers to pursue the case. She or he will also face the opposing party's law firm in case they want to present an arrangement.

If your case gathers media focus, your class action attorney will function as your collective spokesperson too. The legal specialist will likely be the individual to face the press to issue official statements. She or he may even be the person to go to interviews just in case the public needs to understand what caused your group to file for the suit.

What traits should I look for in a class action lawyer?

A very good characteristic to look for is if a potential legal professional is experienced on this certain practice.

Getting an individual who concentrates on a certain practice could be far better simply because that individual understands the legal system and its functions. A class action attorney, for that matter, may perhaps use better techniques to obtain warranted settlement for everybody involved in the case. If the case goes to trial, you could have a far better likelihood at arguing your lawsuit in front of a judge and convincing a jury simply because the individual has expertise and understanding.

Once you have decided to employ a class action lawyer or attorney, it is best to have a meeting with the legal professional together as a group. In this way the legal specialist you employ can tackle all your troubles and collect pertinent details.