HCR Injury Advice Guide

HCR Injury Advice Guide

CONTENTS Contents What s Inside?...1 Cardio-Pulmonary Resuscitation (CPR)...2 CPR for Babies, Birth to One Year Old...3 CPR For Adults...4 Recovery Position...5 Bleeding, Objects in Wounds & Fractures...6 Shock, Burns...7 Head Injuries, Concussion...8 Concussion, Cerebral Compression...9 Skull Fracture, Seizures...10 During This Type of Seizure, After the Seizure Ends...11 Stroke, What Is Peronal Injury?, What Is Compensation?...12 Related Matters, Claiming Damages, Interim Payments...13 Reduction In Damages, Accidents At Work...14 Claiming Benefits, What You Should Do First...15 Sueing Your Employer, Taking Legal Advice...16 The Three-Year Time Limit, New Legislation for RTAs...17 Faulty Products or Services, The Damages Award, Accidents Abroad, Criminal Injuries...18 Jargon Busters...19

What s Inside? This Guide aims to give you an introduction to basic first aid in the event of an injury, as well as information about your legal rights concerning Personal Injury. A list of further contacts is provided towards the back of the Guide. Primary Survey Before you approach anyone who has been injured, you should conduct what is known as the Primary Survey. Remembering the acronym, D.R.A.B., you should check the scene for danger to yourself and the casualty (e.g. if someone has suffered an electric shock, make sure that the electricity has been turned off or attempt to move the person to a place that will be safe for you both using a wooden broom handle, for example). Then see if the casualty responds by shouting, Can you hear me? Open your eyes and gently shaking their shoulders (under no circumstances should you shake a baby or young child). Look, listen and feel for no more than ten seconds to see if the casualty is breathing normally. Look to see if the chest is rising and falling, and listen for breathing. You can also feel for breath against your cheek. If the casualty is breathing normally, you should place them in the recovery position and check for other life-threatening conditions such as severe bleeding. If the casualty is not breathing normally, or if you have any doubt whether breathing is normal, begin CPR. If the casualty responds and there is no further danger, you should leave them in the position found and summon help, if needed. Treat any conditions found - e.g. cuts or burns - and monitor their vital signs (level of response, pulse and breathing). Continue monitoring casualty until help arrives. D R A B Check for DANGER Does the casualty RESPOND? Open AIRWAY Are they BREATHING? If the casualty does not respond, you should shout for help. If possible, leave the casualty in the position you found them and open the airway. If this is not possible, turn the casualty onto their back and open the airway. This is done by placing one hand on the casualty s forehead and gently tilting the head back, then lifting the chin using two fingers only. This will move the casualty s tongue away from the back of their mouth. 1

Cardio-Pulmonary Resuscitation (CPR) Cardiopulmonary resuscitation (CPR) is a first aid technique that can be used if someone is not breathing properly or if their heart has stopped. Chest compressions and rescue breaths keep blood and oxygen circulating in the body. If someone is not breathing normally and is not moving or responding to you after an accident, call 999 or 112 for an ambulance. Then, if you can, start CPR straight away. In cases of sudden cardiac arrest the oxygen level in the blood will remain high for a few minutes so initially chest compressions will be more important than rescue breaths. To check circulation, feel for a pulse. Press two fingers gently on the victim s neck between the Adam s apple and the muscle at the side of the neck. Don t use your thumb, because your thumb has a pulse of its own. To check an infant s circulation, press two fingers between the armpit and elbow on the inside of the baby s arm. Remember, if your search for breathing and circulation yield nothing, have someone call 999 or call them yourself if you are the only conscious person in the room, and immediately begin compressions and artificial breathing. A B C AIRWAY BREATHING CPR! ABC is an acronym to help you remember the important first steps before performing CPR: airway, breathing, and circulation. Open the airway, check the victim s breathing, and pulse (i.e. circulation). To open the victim s airway, lift the chin carefully. This will move the jaw forward and tilt the head backward, allowing a path for air to travel to the lungs from the mouth and nose. Remember - don t push the forehead back in an effort to open the airway. If the victim has a neck or spinal injury, this will only make it worse. To check for breathing, watch the victim s chest. If you can see it rise and fall even slightly, then they are breathing. Whether or not you can see the chest rise and fall, listen with your ear to the mouth and nose. You are listening for breathing sounds. If you can t hear the victim breathing, but can feel their breath on your ear, then they are breathing. Use as many senses as possible and your best judgment. 2

CPR for Babies, Birth to One Year Old 1 2 3 4 5 6 7 8 Confirm your baby is not breathing, complete the steps of the primary survey (DRAB). If accompanied, send your helper to dial 999 or12 for an ambulance (12 is recommended if you are calling from a mobile as it gives a clearer signal, although you can also reach this number from landlines and in many other European countries). If you are alone, you will have to carry out rescue breaths and chest compressions for one minute before taking the infant with you to call an ambulance. Carefully remove any obvious obstruction from the mouth of the infant (it is important not to touch the back of your child s throat as this could cause swelling and further obstruction of their airway) and give five initial rescue breaths. You do this by slightly tipping the infant s head back. Seal your mouth over their mouth and nose and breathe gently into them, looking along the chest as you breathe. Fill your cheeks with air and use this amount each time. As the chest rises, stop blowing and allow it to fall. Repeat this five times. Having done five rescue breaths, you re now going to do chest compressions. Using the tips of two fingers to compress the chest, place your fingers in the center of the infant s chest (imagine a line joining the nipples and place two fingers along the length of the breastbone below this line) and sharply depress the chest one third of its depth at a rate of100-120 compressions a minute (about the speed of the song Nelly the Elephant ). At this speed, you re going to give 30 chest compressions. Alternate 30 chest compressions with two rescue breaths without stopping until help arrives or the infant starts to breathe normally. 3

CPR For Adults 1 2 3 4 5 6 7 8 9 10 Carry out the Primary Survey - Danger, Response, Airway, Breathing. At this point, if you are accompanied, send your helper to dial 999 or12 for an ambulance. Open the casualty s airway by placing one hand on the forehead and using two fingers to lift the chin. Position your cheek close to their mouth and look, listen and feel for no more than ten seconds to see if the chest is rising and falling, listen for breathing and feel for breath against your cheek. If you are on your own, you should call an ambulance at this stage and then commence chest compressions immediately. If the casualty is unconscious due to drowning, you should give five rescue breaths and perform CPR for one minute before making the call. To perform rescue breaths, carefully remove any visible obstruction from the mouth or nose of the person and give five initial rescue breaths. Ensure you tip the head back, pinch the nose firmly closed and put your mouth over the person s mouth, forming an airtight seal. Breath into the casualty, ensuring the chest inflates; then remove your mouth and allow the chest to fall. Repeat once more. Place the heel of your hand in the center of the chest. Place the other hand on top and interlock your fingers. Keeping your arms straight and your fingers off the chest, press down by five to six centimeters and release the pressure, keeping your hands in place. 11 12 13 14 Repeat the compressions 30 times, at a rate of 100-120 per minute (about the speed of the song Nelly the Elephant ). You should then do two rescue breaths (see steps 6-9). Continue resuscitation at a rate of 30 compressions to two rescue breaths until emergency help arrives and takes over. Only stop if the casualty shows signs of recovery such as coughing, opening eyes, speaking or moving purposefully, and breathing normally. 4

Recovery Position Detailed below is a step-by-step guide to the recovery position: Kneel on the floor to one side of the person. Place the person s arm that is nearest you at a right angle to their body, so it is bent at the elbow with the hand pointing upwards. This will keep it out of the way when you roll them over. Gently pick up their other hand with your palm against theirs (palm to palm). Now place the back of their hand onto their opposite cheek (for example, against their left cheek if it is their right hand). Keep your hand there to guide and support their head as you roll them. Now use your other arm to reach across to the person s knee that is furthest from you, and pull it up so that their leg is bent and their foot is flat on the floor. Now, with your hand still on the person s knee, pull their knee towards you so they roll over onto their side, facing you. The person s body weight should help them to roll over quite easily. Move the bent leg that is nearest to you, away from their body so that it is resting on the floor (bent at a right angle to their body). Lastly, gently raise their chin to tilt their head back slightly, as this will open up their airway and help them to breathe. Check that nothing is blocking their airway. If there is an obstruction, remove this if you can do so safely. Stay with them, giving reassurance, until they have fully recovered or until an ambulance arrives. When dealing with an infant, St. John Ambulance recommend putting them in the recovery position by cradling the child in your arms with their head tilted downwards to prevent them choking on their tongue or inhaling vomit. (Information supplied courtesy of Epilepsy Society). 5

Bleeding With all types of bleeding, it's important to stop the flow of blood as quickly as possible. Small cuts - Small cuts in the veins stop bleeding and clot within a few minutes. The area should then be washed, and a plaster placed gently on top. Deeper cuts - Deeper cuts in the veins produce dark blood that seeps out slowly and steadily. It can be stopped by gentle pressure on the wound with a sterile or clean cloth, followed by the application of a clean or sterile bandage. Often, these wounds need sewing or gluing, and therefore medical treatment will be necessary after first aid. Arterial bleeding - Arterial bleeding must always be treated by a doctor. Bleeding from an artery can cause death within a few minutes - so urgent first aid is essential. Objects In Wounds Where possible, swab or wash small objects out of the wound with clean water. However, if there is a large object embedded, you should leave it in place and apply firm pressure on either side of the object. Raise and support the wounded limb or part and lay the casualty down to treat for shock. Gently cover the wound and object with a sterile dressing and build up padding around the object until the padding is higher than the object, then bandage over the object without pressing on it. Depending on the severity of the bleeding, dial 999 or 112 for an ambulance or take the casualty to hospital. This type of bleeding pulsates and squirts blood, as the pulse beats. The blood is often a light red colour. To stop bleeding from an artery, apply hard pressure on the wound and keep this up until the patient receives medical treatment. Press with a sterile cloth or just use your hand, if nothing else is available. Put a bandage on the wound if possible and if the blood soaks through the bandages, press harder until the bleeding stops. Do not remove the soaked bandages, but place another on top if necessary. Do not attempt to clean the wound. The person should be made to lie down, preferably with their head lower than the rest of their body. This will ensure that enough oxygen gets to the brain. If possible, position the wounded area higher than the rest of their body - so that the pressure, and therefore the bleeding, will be reduced. Take particular care if you suspect a bone has been broken. Where possible, you should wear disposable gloves to cover any wounds on your hands and protect yourself from infection. Fractures Fractures are a complete or incomplete break or a crack in a bone due to an excessive amount of force. A fracture can cause other internal injuries and medical help should be sought as soon as possible. With fractures, you should look for the following symptoms: swelling; unnatural range of movement; immobility; grating noise or feeling; deformity; loss of strength; shock; twisting; shortening or bending of a limb. If you suspect a fracture, you should support the limb and immobilise the affected part before calling 999 or 12 for an ambulance. You should also treat the person for shock (see above). 6

Shock Shock is a life threatening condition that occurs when the vital organs, such as the brain and heart, are deprived of oxygen due to a problem affecting the circulatory system. The most common cause of shock is blood loss but it can also be caused by other fluid loss such as vomiting or severe burns. Shock can occur when the heart has been damaged by heart attack or angina and is unable to pump an adequate supply of oxygen to the body. Look for the following symptoms to recognise shock: pale face; cold, clammy skin; fast, shallow breathing; rapid, weak pulse; yawning; sighing; and, in extreme cases, unconsciousness. If you think a person is in shock, you should attempt to treat any possible causes and help them to lie down. Raise and support their legs, loosen tight clothing and keep them warm. Call 999 or 12 for emergency help as soon as possible. If there are bystanders, ask someone to call an ambulance. Burns When treating a major burn, you should start cooling the burn immediately by placing the affected area under cold running water for at least ten minutes. Dial 999 or 112 for an ambulance and make the casualty as comfortable as possible. Continue to pour copious amounts of cold water over the burn for at least ten minutes or until the pain is relieved. Whilst wearing disposable gloves, remove the casualty s jewellery, watch or clothing from the affected area unless it is sticking to the skin. Cover the burn using a clean, non-fluffy material to protect from infection. Cloth, a clean plastic bag or kitchen film all make good dressings. Treat for shock. For minor burns, hold the affected area under cold water for at least ten minutes or until the pain subsides. Remove jewellery etc. and cover the burn as detailed above. If a minor burn is larger than a postage stamp, it requires medical attention. All deep burns of any size require urgent hospital treatment. Never use lotions, ointments, creams or adhesive dressings on burns. You should also never break blisters. 7

Head Injuries All head injuries are potentially serious and require proper assessment because they can result in impaired consciousness. Injuries may be associated with damage to the brain tissue or to blood vessels inside the skull, or with a skull fracture. A head injury may produce concussion, which is a brief period of unconsciousness followed by complete recovery. Some head injuries may produce compression of the brain (cerebral compression), which is life-threatening. It is therefore important to be able to recognise possible signs of cerebral compression - in particular, a deteriorating level of response. A head wound should alert you to the risk of deeper, underlying damage, such as a skull fracture, which may be serious. Bleeding inside the skull may also occur and lead to compression. Clear fluid or watery blood leaking from the ear or nose are signs of serious injury. Any casualty with an injury to the head should be assumed to have a neck (spinal) injury as well and be treated accordingly. Concussion Concussion occurs when the brain is shaken by a blow to the head. The most common causes of concussion include traffic incidents, sports injuries, falls, and blows received in fights. Concussion produces widespread but temporary disturbance of normal brain activity. However, it is not usually associated with any lasting damage to the brain. The casualty will suffer impaired consciousness, but this only lasts for a short time (usually only a few minutes) and is followed by a full recovery. By definition, concussion can only be confidently diagnosed once the casualty has completely recovered. A casualty who has been concussed should be monitored and advised to obtain medical aid if symptoms such as headache or blurred vision develop later. Concussion can be difficult to recognise but may be identified by a brief period of impaired consciousness following a blow to the head. The injured person may also experience dizziness or nausea on recovery; loss of memory of events at the time of, or immediately preceding, the injury; or a mild, generalised headache. To ensure that the casualty recovers fully and safely, they need to be in the care of a responsible person and receive medical aid if necessary. 8

Concussion You should check the casualty s level of response using the AVPU code. THE ACPU CODE A V P Is the casualty unresponsive? U Is the casualty alert, eyes open and responding to questions? Does the casualty respond to voice, obey simple commands? Does the casualty respond to pain (e.g. eyes open or movement in response to being pinched)? Regularly monitor and record vital signs -level of response, breathing and pulse. Even if the casualty appears to recover fully, watch them for any deterioration in their level of response. When the casualty has recovered, place them in the care of a responsible person. If a casualty has been injured on the sports field, never allow them to 'play on' without first obtaining medical advice. Advise the casualty to go to hospital, if following a blow to the head they develop symptoms such as headache, vomiting, confusion, drowsiness or double vision. Warning: if the casualty does not recover fully or, if there is a deteriorating level of response after an initial recovery, dial 999 or 12 for an ambulance. The condition may develop immediately after a head injury, or it may appear a few hours or even days later. For this reason, you should always try to find out whether the casualty has a recent history of a head injury. Cerebral compression can be recognised by a deteriorating level of response and the casualty may become unconscious. The casualty may have a history of a recent head injury or complain that they are experiencing an intense headache, as well as exhibiting noisy breathing, becoming slow; slow, yet full and strong pulse; unequal pupil size; weakness and/or paralysis down one side of the face of body; a high temperature; flushed face; and drowsiness. Noticeable changes in personality or behaviour, such as irritability or disorientation, are also signs of cerebral compression. You should arrange the urgent removal of the casualty to hospital, dialing 999 or 12 at the first possible opportunity. If the casualty is conscious while you are waiting for the ambulance to arrive, keep them supported in a comfortable resting position and reassure them. Regularly monitor and record their vital signs - level of response, pulse, and breathing - until medical help arrives. If the casualty is unconscious, open the airway using the jaw thrust method and check breathing (Primary Survey). Be prepared to give chest compressions and rescue breaths if necessary. If the casualty is breathing, try to maintain the airway in the position the casualty was found. Cerebral Compression Cerebral compression is very serious and almost invariably requires surgery. Cerebral compression occurs when there is a build-up of pressure on the brain. This pressure may be due to one of several different causes, such as an accumulation of blood within the skull or swelling of injured brain tissues. Cerebral compression is usually caused by a head injury. However, it can also be due to other causes, such as stroke, infection, or a brain tumour. 9

Skull Fracture Seizures If a casualty has a head wound, then you should be alert for a possible skull fracture. A skull fracture is serious because there is a risk that the brain may be damaged either directly by fractured bone from the skull or by bleeding inside the skull. You should suspect a skull fracture in any casualty who has received a head injury resulting in impaired consciousness. A casualty with a possible skull fracture may also have a neck (spinal) injury and should be treated accordingly. It may be possible to recognise a skull fracture by looking for the following signs: a wound or bruise on the head; soft area or depression on the scalp; bruising or swelling behind one ear; bruising around one or both eyes; clear fluid or watery blood coming from the nose or an ear; blood in the white of the eye; distortion or lack of symmetry of the head or face; or progressive deterioration in the level of response. If you suspect a skull fracture, you should aim to maintain an open airway and arrange for the urgent removal of the casualty to hospital. If the casualty is conscious while you are waiting for the ambulance, help them to lie down but do not turn the head in case there is a neck injury. Control any bleeding from the scalp by applying pressure around the wound. Look for and treat any other injuries. If there is discharge from an ear, cover the ear with a sterile dressing or clean pad, and lightly secure this with a bandage. Do not plug the ear. Monitor and record the casualty s vital signs - level of response, pulse, and breathing - until medical help arrives. Seizures are sudden, brief events. Sometimes called 'fits' or 'attacks', seizures can happen for many different reasons, such as diabetes, a heart condition or epilepsy. In epilepsy, an individual has a tendency to have repeated seizures that start in the brain. Epileptic seizures are caused by excessive electrical activity in the brain, which causes a brief change in the way the brain works. These seizures can affect the individual's emotions, sensations, awareness or behaviour. What happens during a seizure depends on where in the brain the seizure happens and how much of the brain is affected by it. There are many different types of epileptic seizure. Some people become very confused during a seizure, and others may lose consciousness. How you can help someone depends on the type of seizure they have. Here are some examples of seizures, and how you can help. Simple focal seizures: the person may have a strange feeling or taste, which can be intense and unsettling. This is sometimes called a 'warning' or 'aura' if the seizure spreads to become another seizure type (for example, see tonic clonic seizure below). Gentle reassurance many be appropriate. Complex focal seizures: the person loses awareness, becomes confused and may act strangely (such as wandering around, mumbling or making chewing movements with their mouth). These seizures can last for a couple of minutes, and can easily be mistaken for other unusual behaviour. Gently guide them away from any danger and stay with them until they recover. Tonic and atonic seizures: the person abruptly falls down but usually recovers quickly. Check that they are not hurt. Absence seizures: the person becomes blank and unresponsive. If they are walking they may carry on walking, which can be dangerous. Gently guide them away from any danger and stay with them until they recover. Tonic clonic (convulsive) seizures: the person goes stiff and may cry out. They fall to the ground and have convulsions (jerking of the body). Their breathing may be affected and may sound noisy or laboured. They may go pale or blue, particularly around their mouth. They may also bite their tongue, and there may be bloodstained saliva around their mouth. They may also become incontinent. 10

During This Type Of Seizure Try to stay calm; Check the time to see how long the seizure goes on for; Only move the person if they are in a dangerous place, for example in the road. Instead, move any objects, such as furniture, away from them so that they don't hurt themselves; Put something soft under their head, or cup their head in your hands, to stop it hitting the ground; If they have tight clothing around their neck, or they are wearing a headscarf or veil, you might want to loosen this to help them breathe Do not restrain them or hold them down - allow the seizure to happen Do not put anything in their mouth - they will not swallow their tongue Try to stop other people crowding around. When To Call For Help? Most epileptic seizures happen suddenly, last a short time and stop on their own, and the person will recover and not need any medical help. However, it is important to call for an ambulance in the following situations: It is the person s first seizure; They have injured themselves or have trouble breathing after the seizure has stopped; One seizure immediately follows another with no recovery in between; The seizure lasts 2 minutes longer than usual; The seizure lasts for more than 5 minutes if you don't know how long their seizures usually last. After The Seizure Ends If they have tight clothing around their neck, or they are wearing a headscarf or veil, you might want to loosen this to help them breathe Do not restrain them or hold them down - allow the seizure to happen When the seizure has ceased, open the casualty s airway and check breathing. Be prepared to give rescue breaths and chest compressions if necessary. If the casualty is unconscious but breathing normally, place them in the recovery position and monitor and record their vital signs - level of response, pulse and breathing. Do not put anything in their mouth - they will not swallow their tongue Try to stop other people crowding around. Roll them on to their side into the recovery position; If their breathing sounds difficult or noisy, check that nothing is blocking their airway; Wipe away any spit from their mouth; try to minimise any embarrassment. If they Have wet themselves try to deal with this sensitively (for example, you could put a coat over them); and Stay with them until they have fully recovered. 11

Stroke What Is Personal Injury? A stroke is caused by a portion of the brain being starved of oxygen. This can be due to a burst blood vessel or a clot blocking a blood vessel. The lack of oxygen causes damage to the brain. The long- term effects of a stroke depend on what part of the brain and how much tissue is affected. To recognise if someone has suffered a stroke, use the FAST test - Face, Arms, Speech, Time. Do this by asking the person to smile - if they have had a stroke, they may only be able to smile on one side, while the other side of their face may droop. Ask them to raise both arms as if they have had a stroke, they may only be able to lift one arm. Next, ask the person to speak to you - a stroke often leaves people unable to respond appropriately. Finally, it is time to call 999/12 for an ambulance. Explain to the operator that you have used the FAST test and suspect a stroke. Please note, that these tips are no substitute for formal first aid training. First aid procedures change from time to time, so the above information may be subject to change. Organisations such as St. John Ambulance now offer email alerts to notify people of changes in first aid procedures, as well as a comprehensive range of online advice and training courses. Personal injury can result from a range of circumstances, such as accidents at work, criminal injuries, accidents abroad, road traffic accidents RTAs or work-related illnesses, for example. It may be possible to claim compensation for a personal injury when you are able to show that a person, company or some other organisation is at least partly to blame for your injuries through something that was either done, not done (when it should have been), made or repaired by them. Personal injuries can be psychological as well as physical - for example, depression resulting from the trauma of an accident. Accidents that cause injury to someone (a third party ) are covered by a section of the law known as negligence. To explain this, under the law, each of us owes a duty of care to our fellow human beings. This means that as we go about our daily lives, we must take care that our actions are not harmful to others. Therefore, when we drive our cars, for instance, we must do so in a way that does not put other drivers and pedestrians at risk. Parliament also passes legislation placing a responsibility on all of us to act in such a way as to avoid harming others. Personal injury laws vary between Scotland and the rest of the UK, which means that a personal injury occurring in Scotland needs to be dealt with under Scottish Law. Please request a free copy of our Scottish edition of this guide for more information. What Is Compensation? Compensation is a financial award given in recognition of any injury either physical or mental; for loss of past and future earnings; a broken contract or something that has ruined your enjoyment of your property, for example. Compensation claims can be long- winded and stressful and you are not guaranteed a successful outcome. Therefore, you are advised to think about whether you would be happy with a different resolution to your claim, such as an apology, the offer of counseling or a change in policy from the organisation concerned, are just a few examples. 12

Related Matters In certain instances, compensation under this duty of care is enforced by the law and insurance is required to meet claims. A car driver, for instance, must have current insurance cover, which will compensate a third party for any damage or injury. Employers also carry insurance to cover them for any liability to their employees and failure by an employer to comply with written law is known as a breach of statutory duty. Under some circumstances, an ordinary house contents policy will insure the householder against accidents, which occur on his or her property. In some cases, it may not even be necessary to prove that another party was actually negligent. There are a number of cases where the event itself is sufficient to establish liability. Such cases might include food poisoning or injury caused by a faulty product. Claiming Damages Special Damages Special damages compensate the claimant for their quantifiable monetary losses; in other words providing compensation for money you have had to pay out, or have lost, because of an accident or injury. It may, therefore, cover such things as loss of earnings, travelling expenses, prescriptions, or the cost of any special equipment that you have had to buy (e.g. rehabilitation products or a hire car). You should keep any receipts for any costs relating to your injury, as this will make it much easier to claim the money back as part of special damages. Future Losses & Expenses You may be able to claim for loss of future earnings if, for example, you have been unable to return to work or have had to return to a lesser paid job as a result of your injuries. Any future losses and expenses which may be incurred will be awarded for the likely period of loss. Claims for damages are made directly against the person or organisation that is considered to be at fault. While this may include, say, another driver, your employer, a local council, or a property owner, it is also possible to sue members of your own family through any relevant insurance policy they may hold. For example, if you are a passenger in a car driven by your partner that is involved in an accident, you can claim against their motor insurance policy for any injury you have suffered. In England, damages may be classified as General Damages or Special Damages. Interim Payments Cases can take many months to settle and, in some circumstances, a court may agree that part of the likely total of damages can be paid before a case is finalised. General Damages General damages cover the non-monetary aspects of the specific harm suffered and include compensation for the pain and suffering you have had to cope with after an injury, as well as your inability to carry out day to day tasks and loss of quality of life (e.g. if you are no longer able to carry out your usual sports or hobbies). 13

Reduction In Damages Even if an injury to yourself was partly your own fault, a claim may still be successfully pursued. In these circumstances, there may be a reduction in the amount of damages awarded. For example, if you are injured in a car accident and you were not wearing a seat belt, then your compensation might be cut. The level of any reduction in damages will depend on what extent an injured person is considered to be at fault (this is known as contributory negligence ). You may also get less compensation if the other side can prove that you did not mitigate your losses that is, you did not do what you could to keep them to a minimum. If you have been receiving some types of benefit payments because of a personal injury, you may have to pay them back from any compensation you receive. The rules are complicated and a personal injury solicitor will be able to advise you accordingly. Check on www.gov.uk/legal-aid/overview for more details. Accidents At Work In 2013/2014 an estimated 629,000 workers had an accident at work. Of these injuries, 203,000 led to over 3 days absence from work and of which 148,000 led to over 7 days absence. 1 2 3 If you have an accident at work, you may be entitled to compensation on one of three grounds: Your employer s negligence Your employer s failure (or that of someone for whom he or she is responsible) to carry out safety measures ordered by Parliament, e.g. Breach of Statutory Duty A colleague s negligence Any employer who is found breaking a safety law is potentially liable to criminal prosecution as well as to pay compensation to anyone injured because of his or her neglect. New regulations are added to Health and Safety at Work legislation each year. 14

Claiming Benefits When an accident forces you to stay away from work, you are initially likely to receive Statutory Sick Pay from your employer, who may ask for evidence of your illness, such as a self-certificate or a doctor s certificate. If you become disabled because of an accident, you should claim Industrial Injuries Disablement Benefit (accidents) straight away, although you may not be entitled to benefit for 90 days after the date of the accident. This is done by completing the BI100A form - Industrial Injuries Disablement Benefit - which you can obtain from your regional disablement benefit office or download via www.gov.uk. You must claim no later than six months after the date of your accident. Alternatively, you may be entitled to benefits such as Employment and Support Allowance (ESA), which replaced Incapacity Benefit and Income Support from 27 October 2008. For further details, please see our booklet Work Related Injuries, Diseases & Employment Issues. The Gov website also offers comprehensive information. If your accident took place at work, be sure to report it immediately through the appropriate avenues. By law, employers must keep a record of most types of accidents. If you are self-employed, record the accident yourself (self-employed people are not entitled to the Industrial Injuries Disablement Benefit). Keep the report factual and avoid placing blame it is also helpful to write a signed and dated report for your own records. You or your employer should also report the accident to the Health and Safety Executive or the local authority environmental health department, if applicable. If you are hurt in a road accident, you must tell the police and, if your car was involved, your insurance company. The insurance company may refuse to pay out if you do not report the accident. You may decide to pursue a claim for compensation as the result of an injury under the care of a doctor or hospital. In that case, different rules apply to personal injury claims contact Action against Medical Accidents (see Further Advice and Information section for contact details) for further advice. What You Should Do First When an accident occurs, whether at work or elsewhere, it is a good idea to keep a diary of events not only the circumstances of the accident but also a detailed note of visits to your GP or to hospital, and the progress of your recovery from the injury. In addition, keep a note of any expenses you may incur in relation to the injury (e.g. loss of earnings and the cost of travelling to and from hospital) and hold on to any receipts. You will need to be able to prove every aspect of your claim should you decide to seek compensation. If your accident is the result of falling over, such as tripping on a paving slab or a manhole cover, ensure you get a photograph as quickly as possible of whatever caused your accident and make sure that you date this photograph. You should also try and get the name and addresses of anyone who saw you fall, as you might need independent witnesses to back up your claim. If you are aware of other people having experienced accidents in the same place, make a note of the circumstances and who these individuals were (if applicable). 15

Sueing Your Employer Your employer is legally bound to insure against the risk of an unlawful accident to an employee. Therefore, always take legal advice about the possibility of suing your employer for direct or indirect negligence, or breach of duty under the Health and Safety laws. You can do this by consulting a solicitor or via your trade union, if you belong to one. If your claim succeeds, the damages awarded are likely to be much more than the amount of any Industrial Injuries Disablement Benefit although you could still claim for that (see Claiming Benefits section). The insurance company may deduct from your claim for Special Damages, the amount of any State benefits you have received as a result of the accident and will refund them to the Government. https://www.gov.uk/browse/benefits You may be concerned about the repercussions of suing your employer in terms of returning to work and potential victimisation. However, rest assured that various Health and Safety laws are in place to protect the rights of employees and many employers accept that accidents and compensation claims will occur from time to time and are covered by their insurance. Taking Legal Advice The rules governing compensation claims are extremely complicated and, of course, insurance companies are in business to make money and not to pay it out. So, while it is certainly possible to make a claim on your own behalf, the result is likely to be better if you use the services of a specialised solicitor. Many firms of solicitors will be glad to take a look at your case and advise you on its chances of success, particularly those solicitors who are members of the Law Society Personal Injury Panel. Many solicitors now also operate on a No win no fee basis and the vast majority will offer a free initial consultation to see whether you have a viable personal injury claim to pursue. Insurance cover against the possibility of having to pay your opponent s costs should you lose the case should be discussed with your solicitor. Specialists dealing in this area of work are identified under the Further Advice and Information section at the back of this publication. 16

The Three-Year Time Limit If your injury was caused by someone s negligence, you must start Court proceedings within three years of when you were injured, or of the date of knowledge, i.e. when you knew you were injured and believed it was due to someone s negligence (e.g. if you are suffering as a result of exposure to asbestos, your illness may have taken years to manifest itself and the three-year limit would apply to when you found out you had been injured). If Court proceedings in respect of your claim are not started within three years of your accident, the Courts are likely to hold that your claim is out of time. The three-year rule applies in different ways in different circumstances with some variation in the case of criminal injuries (you must start court proceedings within six years of the assault unless you are applying for Criminal Injuries Compensation, which has a two-year time limit) and injuries abroad - so it is safer not to wait too long before seeking legal advice. There are some exceptions where judges can override the three-year time limit. Consult a solicitor for further information. If the case is about a child who has been injured, the time limit does not normally start until they turn 18 (16 in Scotland). New Legislation for RTAs In April 2010, the government announced new rules designed to speed up the resolution of personal injury claims in the case of road traffic accidents worth up to 10,000. These rules give a defendant 15 working days to admit or deny liability for an accident. Following receipt of medical evidence, the defendant will have only 20 days to make an offer of a settlement. If a settlement cannot be agreed, a judge will decide on paper how much the injured person is entitled to, thereby removing the need for a lengthy court hearing. Currently, motor claims over 10,000, clinical negligence, disease, employers liability and public liability claims all fall outside of this new legislation. From1 April 2013, this scheme is to be extended to Employers Liability and Public Liability and the limit raised to 25,000. 17

Faulty Products or Services It is possible to make a personal injury claim as a result of an injury caused by a faulty product or service (e.g. a faulty car or power tool, or an injury sustained at the hairdressers for example). For more information, contact Citizens Advice Consumer Service (see Further Advice and Information section contact details). Claims are dealt with by the Criminal Injuries Compensation Authority (see Further Advice and Information section). The current scheme began on 27 November 2012 and different rules may apply from previous schemes. The Damages Award Damages are tax-free in all instances. Where the award is a sizeable one, allocated on the basis of long-term future loss, it will be most advisable to seek expert advice about investing the money and gaining interest on the capital. Your solicitor and your bank manager will be pleased to recommend help with this. Accidents Abroad If you were injured outside the UK, you usually have to make a claim under the law of the country where your injury occurred, although this may not be the case if the person or organisation responsible is based in the UK (e.g. a package tour operator). Claiming under foreign law can be difficult and expensive and you should seek expert legal advice. Some personal injury lawyers specialise in claims for people injured abroad. Criminal Injuries If you have been physically or mentally injured as a blameless victim of violent crime - for example, an assault or mugging - you may be able to claim compensation. The Criminal Injuries Compensation Scheme was introduced on 3 November 2008 and applies to any applications for compensation made on or after then. 18

Jargon Busters ATE Insurance ATE is short for after-the-event insurance. This is an insurance policy you can take out after an accident has happened and you have decided to make a claim. If you lose your claim the insurance company will pay your opponent s legal costs and disbursements (expenses). Clinical Negligence The legal term used to describe a medical accident where someone has been harmed because a doctor or other healthcare professional has not given the proper standard of care. But not all complications or medical procedures that don t work are clinical negligence, because sometimes what happened could not have been avoided. Basic Charges The amount a solicitor charges for the legal work involved in handling your claim. They are calculated using an hourly rate. These rates may vary depending on the experience of the person doing the work. Your solicitor should explain to you how their basic charges are calculated and put it in writing. Conditional Fee This is a contract between you and your solicitor under which your solicitor will not get paid for their work unless you win your case. But you must still work out how to pay your or no win, no fee opponent s costs if you lose. BTE Insurance BTE is short for before-the-event insurance. It is also known as legal expenses insurance and is often added to car and household contents insurance either free or for a small fee. Some credit cards have BTE insurance, but it can be taken out as separate insurance, too. BTE insurance may pay for the legal costs of making a claim for compensation, whether you win or lose. Your solicitor will be able to check the terms and conditions of any BTE insurance you have and tell you what it will and will not cover. Breach Of Contract A contract is breached if it has been broken or ignored in some way, for example, if your car comes back from the garage after a service and it doesn t work, the garage will have breached its contract with you. Damages The money you win as compensation, either after a court hearing or by reaching an agreement before getting to court. Disbursements Disbursements are expenses, such as court fees, medical reports, police accident reports and after-the-event insurance premiums. Your solicitor may pay these for you at the start of your claim and get repaid by your opponent if your claim is successful. If you don t win your claim, under some after-the-event policies you will have to find a way of paying these costs. 19

Limitation Period This is the period of time within which you must make a claim for compensation. It is usually three years for personal injury cases and six years for other claims. After this time, you are very unlikely to be able to make a claim, although there are exceptions to this. Your solicitor will advise you about the limitation period that applies in your particular case. This is a good reason for seeing a solicitor as soon as you think you may have a possible claim for compensation. Success Fee Solicitors who act under a Conditional Fee Agreement will charge you an extra fee on top of their basic charges if you win your case. This is called a success fee. It is a proportion of your solicitor s basic charges and cannot be more than 100 percent (in other words, it must be no more than the basic fee itself). Your solicitor should explain their success fee before you start your claim. If you win your case, the other side will usually pay most of the success fee but you may have to pay the rest of it out of your compensation. Negligence Negligence is when a person or organisation doesn t take reasonable care over something where they have a duty to do so, for example, failing to drive carefully. If you are injured because someone was negligent (they did something they shouldn't, or didn't do something they should), you may be able to claim compensation. HCR does not take responsibility for any of the information contained within this guide it is designed to act as a guide only. Specialist and expert medical advice should always be sought to examine any of the injuries mentioned. Other Side, Opponent These are the different terms you may hear used to describe the organisation or person from or defendant whom you are claiming compensation. Personal Injury Any injury you suffer is personal, but in legal terms, a personal injury for which you can claim compensation is where a person, company or some other organisation is to blame (at least partly) for your injuries. An injury need not be physical you may be able to claim compensation for psychological injury such as shock or upset. Statutory Duty This is a legal responsibility to do something set out in an Act of Parliament. So, for example, employers are under a statutory duty to protect the health and safety of their employees. If an employer fails to do this they are said to be in breach of their statutory duty. 20

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