Personal injury – Why you should not feel bad about making a claim

Making a personal injury claim can be a daunting and confusing experience, especially if you have suffered a life-changing or otherwise serious injury.

If you are injured as a result of an accident that was somebody else’s fault, you will usually be entitled to make a claim for compensation.

Inheritance Tax: Additional tax free allowance for homeowners from April 2017

It was announced in the Summer Budget last month that an additional nil-rate band will be available from April 2017.

The extra allowance will be exclusively available to estates where the deceased dies on or after 6 April 2017 and their residence is passed to one or more direct descendants. In other words, if your children, stepchildren or grandchildren inherit your home on your death, your estate will benefit from the additional allowance.

The additional allowance will be £100,000 in 2017/2018 and this amount will increase by £25,000 each tax year until 2020/21 when the additional allowance will be £175,000.

The current position is that when you pass away, the net value of your estate is calculated and everything over the value of the nil-rate band (currently £325,000) is taxed at the rate of 40%. This is subject to various exemptions and reliefs, for example anything left to a spouse or civil partner will pass tax free.

Accident on holiday

More than half of the people in the UK are expected to travel abroad this year and figures show that package holidays are often a first choice for friends and family alike when considering value for money and the types of activities, excursions and facilities available.

Whether your holiday is a family holiday, for relaxation or sporting activities, suffering an illness or an injury while abroad will often result in the long awaited holiday being brought to a grinding halt. Accidents abroad can often be difficult as the law relating to personal injury differs from country to country but if the holiday is booked as a package holiday, that is to say to include a combination of either flights, accommodation, transport and transfers and other tourist services, then there is a level of protection implied which may entitle you to bring a claim for personal injury and/or death. This protection encompasses a number of different circumstances, albeit whether the accident occurs on the aeroplane, in the hotel, on an excursion, or even food poisoning, whereby you may be entitled to bring a claim.

 

How do we value a claim for personal injury?

Despite the best medical developments it is highly unlikely that a sum of money can put one back to their pre-accident state, free of injuries. So how do we decide what you should accept in compensation for the injury that you have suffered?



Article by Nidhi Chopra

The law provides for compensation to an injured claimant for the pain, suffering and loss of amenity that has been caused as a result of the accident. How do we know what pain suffering and loss of amenity that has been caused to the Claimant following an accident? We do this by obtaining independent reports that are accepted by the Court from appropriate medical expert witnesses. The experts provide their opinions as to what the Claimant has suffered as a result of the incident, what further treatment they could need to get them in a better state and what their long term prognosis is likely to be.

What are the implications of leaving somebody out of your will?

Article by Chris Lucas

In England and Wales, we enjoy the right of testamentary freedom, which is the right to make a will and leave your estate to whomever you wish. 

There is however an important law to consider before you decide to write somebody out of your will. This is the Inheritance (Provision for Family and Dependants) Act 1975 which will apply if you die domiciled in England and Wales. This law will enable certain categories of people to bring a claim against your estate if you do not ‘reasonably provide’ for them in your will. 

A recent ruling hit the headlines just this week, whereby a woman who was cut out of her mother’s will successfully claimed £164,000 from the estate, despite the fact that the will left the whole estate worth £486,000 to animal charities and the deceased had clearly expressed previously that she did not want her daughter to receive a penny of her estate.

Thank you!

Our annual Garden Party to raise funds for, and awareness of, the Alzheimer’s Society was held Friday, 3^rd July, and was a huge success.  A total of £1,500 was raised for the Charity.  This would not have been possible without the generosity of local people and businesses who were kind enough to donate raffle prizes.  We would like to say a big thank you on behalf of the Alzheimer’s Society to the following for their kind support:

What is a general power of attorney?

Article by
Sharon Brown

There are three main types of power of attorney you may come across:

• General or ordinary powers of attorney;
• Enduring powers of attorney (EPA); and
• Lasting powers of attorney (LPA).

You can find out more about the latter two types on our website, where you can also download our FAQ guide on powers of attorney.

 

A general power of attorney is a legal document allowing you to authorise someone else to carry out matters on your behalf. For example, if you are going on holiday for a length of time or having an operation that means you will not be able to sign things easily for a few weeks. It is also quite common for people who are going travelling for 6 months or a year.

 

A general power of attorney can be used for one specific purpose; for example if your car was being sold whilst you were away or if your house insurance policy was due for renewal or it can be to cover all of your property and financial affairs. Whilst they can be very useful, they are only for a set period of time. If you need something more permanent you really should consider setting up an LPA. One of the major advantages of an LPA is that it can still be used if you lack mental capacity, for example if you are in a coma.

 

Another time general powers of attorney can be useful is if you have prepared a property and financial affairs LPA and are waiting for it to be registered by the Office of the Public Guardian. We can set up a general power of attorney for you to enable to your chosen attorneys to start acting straight away. This type of general power of attorney is usually limited in time so that it ceases to be valid when your LPA is registered.

 

If you have queries or questions on any type of LPA please feel free to contact me by telephone on 01992 422128 or by email to Sharon@ghslaw.co.uk

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Annual Garden Party 2015

An exciting date in the Garden House calendar is nearly here!  Our annual Garden Party to raise funds for and awareness of the Alzheimer's Society will be held at Garden House on 3rd July 2015 between 1pm and 5pm.





Article by Julie Retallick

Drinks and luncheon will be served from 1pm.   Fingers crossed, the sun will shine for us as it has done every year so far!  

If you fancy a glass of Pimms or a chilled Prosecco and the chance to buy raffle tickets to help raise funds for people suffering from Alzheimer’s disease and their families, please join us. 

We are delighted to announce that the Deputy Mayor, Peter Ruffles and Patricia Moore, the Head of East Herts will be joining us as will the local press.   The Garden Party will be a fabulous chance to meet old and new friends and catch up as well as being a great networking opportunity.



Garden Party 2013

The team at Garden House are personally calling into local businesses asking them to donate raffle prizes and, as usual, they are being very generous.  

Last year we raised over £1,144.00 for the charity and we aim to better that this year with your help.



Garden Party 2013



We look forward to seeing you but if you are unable to attend and would like to donate a raffle prize please call into the office or phone 01992 422128 and ask to speak to Julie who will arrange collection of the prize from you. 



If you would like to attend the Garden Party please call Julie on 01992 422128 or email her at julie@ghslaw.co.uk and ask her to add your name to the guest list; when emailing please remember to advise if you have any special dietary requirements.

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Making substantial gifts to children: How this might affect their inheritance

Article by Chris Lucas

You may be interested to know that if you make a particular type of gift to one or more of your children during your lifetime, this could affect your children’s inheritance under the terms of your will.

The type of gift referred to here is known as a ‘portion’. A portion can be described as a substantial gift (usually of money) from a parent to a child which is made with the intention of establishing the child in life or making permanent provision for them.

A typical example of a portion would be giving one of your children a sum of money to be used as a deposit towards buying their first home. Whatever the gift might be, the key requirements for it to be considered a portion are as follows:

1. The gift must be from a parent (or a person acting in loco parentis i.e. someone who has assumed parental responsibility) to a child.
2. The gift must be substantial in value - what ‘substantial’ means will depend on the circumstances and can be open to interpretation, but generally speaking, any gift of £20,000 or more is most likely to be considered substantial.
3. The gift must have the effect of establishing the child in life or making permanent provision for them e.g. deposit for a first home or sum of money to enable the child to start up their own business.

If you have already made a will, then it is important to be aware of the potential effect of portions when you subsequently pass away. Essentially, any portions made during your lifetime after you have made your will can have the effect of ‘satisfying’ legacies left to your children under the terms of your will. This is known as the presumption against double portions.

Accident at work

Following an accident in the workplace, it is understandable that some individuals are apprehensive about coming forward to make a claim against an employer. Here at Garden House Solicitors, we help support you through the process every step of the way.

The Human Rights Act

In its first Queen’s Speech recently the Government promised to ‘bring forward proposals for a British Bill of Rights’.  You will note the use of the word proposal – this means nothing other than an indication that the Government appears to have paused in its commitment to scrap The Human Rights Act.

Traumatic Brain Injury or Head Injury

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One of the most interesting and rewarding aspects of my job is dealing with personal injury cases that involve a head injury. I have dealt with a number of non-fault accident cases where the injury has involved a blow to the head. The effects of this type of injury to a person is profound and when we come across such a claim we look into how the injury has affected the client’s family and friends, how their work and career is affected and what their future is likely to hold for them so that we can secure the best compensation for them.

Proclaim Case Management System

GHS has recently implemented the Law Society’s accredited Proclaim Case Management System which is streamlining a vast number of administrative processes, reducing turnaround times and increasing the quality of the service our clients receive.

We believe we need to stay ahead of the competitive legal market and by investing in this technology we anticipate providing an even better service to our clients. 

Jointly owned property – The benefits of including a Property Protection Trust in your will

If you own property with somebody else, you will probably be aware that there are two ways of owning property jointly: as joint tenants or as tenants in common.

‘Joint tenants’ means that the co-owners own the whole property together. If one co-owner dies, the whole property passes to the surviving co-owner(s) by survivorship. This tends to be the most common form of co-ownership.

 

‘Tenants in common’ means that each co-owner owns a share of the property. This might be in equal or unequal shares. When a co-owner dies, their share will form part of their estate and therefore pass under the terms of their will (or under the rules of intestacy if the individual has not made a will).

Security Staff

There are many different types of doorman and security staff employed within the UK. With numerous nightclubs, bars and pubs opening up every year, it is often a sensible choice for managers of such establishments to employ door staff and security personnel in order to protect the physical safety of their patrons, reputation, business and financial interests.

Within the UK today there are in excess of 200,000 nightclubs, bars and pubs who are fully licensed to serve alcohol to the general public. Where the law imposes strict laws under the Licensing Act 2003, it does not actually provide companies with any requirements as to the extent of security required. So what are the risks posed to an establishment that employs untrained or unskilled doormen?

Data Protection Act

Article by Patricia Ling

Do you know that under the Data Protection Act 1998 you have the right to ensure that all information held on you is factually accurate and if you can prove that is not the case you can make a formal request to the party holding the records for them to be rectified.  This includes your medical records.  You are entitled to ask your GP for a copy of your medical records and they are likely to make a small charge for provision of the same, the maximum that GP surgeries can currently charge is £50.  If you find anything in your medical records is inaccurate you are entitled to write to the NHS Trust that holds the records and request rectification.



If the Trust does not rectify your records, you can make a formal complaint under the NHS complaints system. If the Trust is unreasonable you also have the right to take the matter to court, although at present you have to show that the inaccuracy is harmful to you in some way. (The same applies if you want to challenge inaccuracies in social work records).



If the record is factually correct but you dispute a doctor's opinion, you have no legal right to get the record changed or deleted but you are entitled to have it noted on your records that you do not agree with the GP’s opinion and it will help your argument if you get a more recent medical report which agrees with you and disagrees with the doctor's opinion. Even if you do that the Trust concerned will not normally agree to delete the earlier reference but will insert a cross-reference to the later report.

For help and advice regarding data held about you please contact Patricia Ling on 01992 422128 or by email patricia@ghslaw.co.uk

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Lexcel Accreditation

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There are many solicitors in England and Wales. Choosing the best one for you can be difficult, especially when they seem to offer the same services. One easy way to recognise difference is LEXCEL – the Law Society’s mark of excellence.

The LEXCEL quality mark shows that a solicitors’ firm has met high standards in the way it is managed.

A LEXCEL firm offers:
• Excellent client service
• Cost efficiency
• Minimum risks.

Garden House Solicitors have been LEXCEL accredited since 2011 in recognition of our excellent client services.

Call in or phone - 01992 422128 - if you need legal advice.

 

Tel: 01992 422128

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Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

 

Team Bonding Days

Are team bonding days’ worth it or just ‘forced fun’.

At Garden House they are definitely ‘fun’ and absolutely not ‘forced’!

Our motto is ‘work hard/play hard’ as you can see from this picture.

We believe that team building is a positive exercise that fosters trust and kindness.  It creates gelling of the team, pulling together during tough times and sharing the workload which transfers to the workplace.

We certainly intend to have many more and suggestions are very welcomed.

Article by Patricia Ling

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Motorcyle Accidents

Garden House Solicitors represent motorcyclists and have a reputation for providing an outstanding level of service.  Motorcyclists frequently suffer very serious injuries even fatalities as a result of the negligence of other road users and in these cases it is essential that the right solicitor handles the claim. 

Big Brother is Watching!

The Government is asking your GP to transfer your electronic medical records onto a national database called the NHS Spine without seeking your consent. If you want to keep your medical records secure you have to opt out of the scheme. For information on protecting your privacy follow the link http://www.thebigoptout.com/about-nhs-confidentiality/



Article by Patricia Ling



The problem as I see it is that your entire medical history, including details of any conversations you have with your GP, will not be secure.  This information will be uploaded to a central record system referred to as the NHS Spine which will be run by BT and Oracle and will cost an estimated £20 billion.  Those records will no longer be held at your GP’s surgery and can then be accessed by over a million NHS employees from hospital staff, your local pharmacist to thousands of NHS admin staff.  These records will also be accessed by central Government bureaucrats.  All of these people will have access to your name, address, telephone numbers (even if ex directory) and your NHS number and your GP’s details.  This sensitive information will be stored in hosting centres and will not be anonymised.  Even those who do opt out will have their medical data uploaded to the central system and the promise from the Government is that their names, addresses and dates of birth will be removed but there is no guarantee of that.  At least if you opt out your records will remain with your GP so will be safer as they will only be accessed by your own surgery.  Many GPs have seen the risks of the database failing and their patients’ medical history becoming public knowledge and they are encouraging their patients to opt out.  The General Medical Council conducted a survey and report that 9 out of 10 GPs believe that patients should be asked to give explicit consent before their medical records are uploaded to the NHS Spine and 8 out of 10 GPs polled said they were opting out and opting their own families out as well.

Five Key Questions About Forming A New Company

Article by David Hughes

How do I form a company?

The quickest, easiest way to do it is to buy one ready made from a company formation agent. This is called an ‘off-the-shelf company. You can fill in your details on their website and they will form a brand new company just for you.

What is a company formation agent?

It is the name for a business that does nothing else but form new companies. There are hundreds of them on the web. Just google for ‘company formation agent’.

Can I trust a company formation agent?

Yes. It is their day job to form new companies so they know what they are doing. The company formation process isn’t particularly difficult, but it is time consuming and a hassle for those who are not familiar with it.

How quickly will my new company be ready?

It can be formed in a day. The company formation agents are linked to Companies House via specialist software, so they can usually form a new company within a few hours.

LPA and EPA Registration Fees to be Reduced

Article by Sharon Brown

Every Lasting Power of Attorney (LPA) must be registered with the Office of the Public Guardian (OPG) before it can be used.  Enduring Powers of Attorney must be registered at such time as the donor (the person who made the EPA) has lost or is beginning to lose mental capacity.  The current fee for registering an LPA or EPA with the OPG is £130.00 per document. 

On 16^th Jul 2013 it was announced by Helen Grant (the Under-Secretary of State for Justice) that the fees will be reduced.  From 1^st October 2013 the registration fee will be £110.00 per document, a very welcome saving for people trying to put their affairs in order.  Also, where an application to register has to be resubmitted to the OPG the fee is being reduced from £65.00 to £55.00.    

The Government has previously stated that it would like every adult to have an LPA in place and I feel this is a step in the right direction to making that wish a reality.

If you have any questions regarding EPAs or LPAs please feel free to contact me on 01992 422128 or by email to Sharon@gardenhousesolicitors.co.uk

www.gardenhousesolicitors.co.uk

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Thank you!

Thank you so much to the local businesses and individual people who donated prizes for our Garden Party raffle.  The value of the raffle prizes donated exceeded £1,000.00 and helped us to raise over that amount for The Alzheimer's Society.

Please show your support to these businesses, and if you pop in please say hello from us!

Cut & blow dry – donated by Mannie Di Gesaro Saks, Hertford

Two bottles of wine – donated by Bradshaw Johnson Accountants

Bottle of red wine – donated by Ask Italian Restaurant

Garden Party 2013

Article by Patricia Ling

Garden House Solicitors hold a Garden Party on the first Friday of July annually to raise funds for the Alzheimer’s Society.  This year the Garden Party was held on 5th July and was attended by about 100 people including the Town’s Mayor, Patricia Moore.

Myself and Patricia Moore

The Garden Party was a huge success and we are enormously grateful to Waitrose Hertford and its customers for sponsoring the event through its Community Matters Scheme.  Thank you to everyone who attended and the local people and businesses who donated raffle prizes, we are delighted to report that we raised the sum of £1,020 for the Alzheimer’s Society.  The Garden Party was a chance for local people and business to meet the Garden House team in a relaxed and informal environment.  Afternoon tea was served and we received compliments from everyone on the delicious food.  Sharon and Erica served Pimms and bubbly and everyone enjoyed relaxing in the sunshine having a drink and a chat. 

Fatal Accidents and Claims for Bereavement Compensation



Article by
Nidhi Chopra



It is an extremely difficult time when a loved one passes away, but when the death is caused by someone else’s negligence or fault then natural feelings of bereavement are also accompanied by resentment and numerous unanswered questions.

When there has been a violent, suspicious, unnatural or a sudden death of an unknown cause, the death is reported to a Coroner who will make inquiries to establish the cause of death. The Coroner may hold an inquest hearing. Reports to the Coroner are often made by doctors, hospitals and the police. The victim’s family are able to review the reports and attend the inquest to hear the evidence.

Whether the death was caused through a road traffic incident, a hospital operation going wrong, or a workplace disease; if investigations and evidence suggests that the death was caused by someone’s negligence or fault, then the law has made provisions to allow bereaved relatives to claim compensation from the wrong doer to support them, as far as money can provide, for their future. 

What is a discretionary trust?



Article by
Chris Lucas



A discretionary trust is a trust set up whereby the trustees are given discretion over the trust fund, typically with regard to the payment of trust money to one or more beneficiaires. 

Who are the legal owners of the trust fund?

The trustees are the legal owners of the trust fund which can comprise of any assets, such as money, land or buildings.

What 'discretion' do the trustees have? 

Normally, the trustees will be able to decide how to use or invest the trust assets in the interests of the beneficiaries and how the trust fund should be distributed between the beneficiaries if at all.  Quite often, the person setting up the trust will have prepared a 'letter of wishes' to the trustees setting out how they would like the trustees to exercise their discretion. The extent of the trustees' discretion will depend on the terms of the trust.

Why use discretionary trusts?

One reason may simply be to allow the trustees flexibility to pay different amounts of income or capital to different beneficiaries. This can be useful if the future needs of a beneficiary is not known; for example a grandchild who may require greater financial assistance in the future.

Discretionary trusts are also particularly useful if one or more of the beneficiaries are not capable or responsible enough to look after money for themselves.  Common examples of this include a child or adult beneficiary with severe learning disabilities. In relation to the latter, particularly where a vulnerable beneficiary is in receipt of means tested benefits, a discretionary trust will enable the trustees to pay money to that beneficiary as and when required in such a way that the arrangment will not affect the beneficiary's entitlement to benefits. This is because the beneficiary would have no beneficial right to the trust money, rather a mere chance that the trustees might exercise the discretion in their favour. The situation would be very different in the case of a bare trust, where the beneficiary would have an absolute right to the trust fund.

Annual Garden Party 2013

An exciting date in the Garden House calendar is nearly here - our annual Garden Party on the 5 July 2013 between 1pm and 5pm!  Once again we are hosting a Garden Party to raise funds for the Alzheimer's Society.

Article by
Julie Retallick

There will be a raffle and an afternoon tea available.  Fingers crossed the sun will shine for us!   We were very lucky last year and currently we are forecast sun and 22 degrees.  Fancy a glass of Pimms in the sun?  If so, please join us?  We are delighted that the Mayor of Hertford, Patricia Moore, is joining us at 3 pm.  It will be a fabulous opportunity to meet old and new friends.  Just give us a quick call on 01992 422128 to confirm your attendance, so that we are able to cater appropriately.

For the past week I have been busy telephoning, emailing and personally calling into local business begging raffle prizes. I am delighted to say that local businesses have been very generous and we have some fabulous prizes waiting for you!

Garden Party 2012

Last year we raised £538.00 and we aim to beat that this year, please help us by buying raffle tickets on the day.

Alzheimer’s is a devastating disease for all the family and I decided sometime ago that should I fall victim to this dreaded disease I would make sure that my grandchildren, two boys aged 8 and 6 would be well cared for.  Consequently I have made Lasting Powers of Attorney and a Will.  What about my own children I hear you say, well they have made their own way in life and are well able to look after themselves but I might leave them a little something!  Obviously I intend to enjoy life and if that means spending money I will, but I will definitely make sure that my grandchildren have that little pot to help them along the way and will think of me with love when spending my hard earned cash (hopefully)!

Care funding – the proposed reforms and how they will affect you

Article by
Chris Lucas

Care funding might seem like a confusing topic, but it is an issue which is likely to affect many of us at some point in our lives. If you or a loved one is going into residential care, it is advised that you seek advice early on. Lack of planning can result in the depletion of assets which can have a big impact on the inheritance for those loved ones left behind.

The present position

If you are in need of residential care, the current position is that you will be required to pay the full cost of your care for as long as you need it if you have assets worth over £23,250. This is known as the means test threshold. If your assets are worth less than £23,250 but more than £14,250, you will be required to pay a contribution.

What are the proposed reforms?

Earlier this year, the government set out reforms to adult social care funding which are due to be implemented in April 2016. These reforms can be broadly summarised as follows:

• A cap of £72,000 on the total amount any individual will have to pay for their care, meaning that after this amount has been paid the local authority will step in and meet the costs;
• Deferred payment arrangements to ensure that no one will have to sell their home in their lifetime to pay for their care;
• Increasing the means test threshold from £23,250 to £118,500, meaning that those with assets worth less than £118,500 (as opposed to £23,250) will be entitled to some financial assistance from the local authority.

These plans appear to be a considerable step forward and the idea of capping care costs is likely to be welcomed by many. However, the reality is not so simple…

Accidents at Work

Article by
Dave Koon Koon

In yet another blow to the genuinely injured individual the laws which cover many of the aspects of an employer’s liability to their employee, should an accident happen at work, are changing from October 2013.

There will be many changes that will affect the prospects of success of claims being made by those injured at work and one of these changes is the removal of the requirement that the employer must prove that they have taken steps that are ‘reasonably practicable’ to ensure that their employee is not injured at work.

At present it is for the employer to prove that they have taken all reasonably practicable steps to reduce the risk of injury to its lowest level in compliance with whichever regulation or statute is relevant to the circumstances. It is not for the injured employee to do this.

Following the changes in October 2013 it will be more than likely up to the injured employee to prove that the employer failed to take all reasonably practicable steps to reduce that risk to its lowest level in order to comply with the relevant regulation or statute. This will in turn lead to increased expense for the injured party as additional expert evidence will be required to prove their case.

Another particularly significant change is the removal of ‘strict liability’ from the various Health & Safety regulations. An example of how this works is that at present, if an employee is injured at work, through no fault of their own, whilst using machinery or tools, which are defective or faulty and that work equipment has been provided by their employer then their employer will be liable to compensate the injured employee for their injury, regardless of whether the employer had knowledge of any problem with the equipment.

Following the changes to the Health & Safety regulations in October 2013 ‘strict liability’ will have been removed which means that should an employee be injured at work by defective or faulty equipment, provided by their employer, then the employee will have to prove that their employer was negligent in providing that equipment. This change will therefore shift the burden of proving the case to the injured employee who has done nothing wrong.   

If you have been involved in an accident at work please contact me on 01992 422 128 or at dave@gardenhousesolicitors.co.uk for further advice and assistance.     

www.gardenhousesolicitors.co.uk

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Manual Handling at Work

One of the most common causes of injury at work is incorrect manual handling. It can cause Musculoskeletal Disorders (MSDs) which account for more than a third of all workplace injuries. Common questions regarding manual lifting at work include:

Are there any weight limits on manual lifting?

The law does not specify a safe maximum weight limit. Instead it places a duty on employers to manage or control risk. The measures an employer must take to meet this duty will vary depending on the circumstances. For instance, the employer should consider the strength and fitness of the employee and the weight of the load and distance to be carried.

Should I take a manual handling training course and what will it involve?  
Manual handling training courses should involve learning about manual handling risk factors and how to avoid injuries along with how to safely manually handle goods and the use of mechanical aids. Although training can be important in reducing the risk of injury at work, employers should supplement this with monitoring and reviews of procedures to guarantee that practice is safe. 

Does a 'no lifting' policy exist?

The Manual Handling Operations Regulations 1992 (as amended) do not exclude individual types of manual handling or endorse 'no lifting' policies. Manual handling should be limited to circumstances where it cannot be avoided and only where the risk has been assessed and minimised.