Nov 30
Safety issues in the construction industry
Posted by Floella Clinch in Compensation Articles on 11 30th, 2011| | No Comments »

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There are a number of safety issues in most industries and these are as a result of the nature of the work carried out or the type of workplace or the type of equipment which is used. Some industries have many more safety issues than others though and the construction industry is the perfect example of this. The construction industry doesn’t just have issues in one or two of the above mentioned areas but instead there are issues which come from all of them as well as others.

Almost all of the work done in the construction industry takes place on a building or construction site and this type of environment presents a large number of risks. One of the main risks is that workers often have to work at heights and so there is the risk that they might fall. Although measures are always taken to minimise the chance of this happening, the risk can’t be entirely removed.

There are also a lot of safety issues which are created by the type of tools and machinery used in the construction industry. Obviously power tools with moving parts can be very dangerous if not used correctly. There is also the risk of having exposed electrical equipment in what is often an unsheltered workplace and so there is the safety issue of using electricity.

Most construction sites have a lot of traffic coming in and out and also large machines at work on them too. With people working around such large and heavy vehicles and machinery there are a number of safety issues. Extra care must always be taken as a lot of these vehicles and machinery don’t have the best of visibility either.

The construction industry has so many safety issues that it is necessary for the various safety measures to be taken. On most construction sites workers must wear certain protective clothing such as high visibility vests and hard hats to help keep them safe.

Find out more about accidents at work.

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Nov 30
Are industrial disease still a threat?
Posted by Peter Bruchsburger in Compensation Articles on 11 30th, 2011| | No Comments »

Industrial diseases have been a major problem for a long time now and it is partly because there hasn’t always been the same awareness and level of protection when working with hazardous materials. Asbestos is a perfect example of this because nobody knew the damage it was causing when being used as an insulator and so many worker with it or near it without any sort of protection. These people are now finding that they have one of the various diseases caused by asbestos.

Some people believe that industrial diseases are now a thing of the past though or are quickly becoming a thing of the past and this is understandable. Health and safety measures and risk assessments have become much more thorough and so workers are much better protected than they were a number of years ago.

The initial issue with this statement is that many workers are only just discovering now that they have industrial diseases as a result of where they were working many years ago. A lot of industrial diseases take a long time to have an effect and this means that some people are only just finding out that they are ill. This is the first problem and reason why industrial diseases are not yet a thing of the past.

There is also an issue that some industrial diseases can’t be 100 per cent prevented against. Vibration white finger and industrial deafness are two good examples of this because although they can be protected against, the risk can’t be completely alleviated. People will still use vibrating tools and machinery and still work in very noisy environments and the protective clothing isn’t always entirely effective.

Then there is the threat which might be there from as of yet unknown dangerous materials. People worked with asbestos for many years without knowing that it was damaging their health and there is a chance this could happen again. Someone may discover in a few years that a commonly used material is actually very damaging.

Speak to an industrial disease claims specialist today.

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Nov 30

A 32-week-old healthy foetus was recently aborted in a tragic error at the Royal Women’s Hospital in Canberra. In order to establish how this happened, there will now be up to 3 separate investigations.

It is unclear at this stage whether any individuals will have action taken against them, but health minister David Davis said that medical and nursing boards would have to decide whether anyone involved in the incident should be disciplined.

Doctors had advised a woman from Victoria who was pregnant with twins that it would be best to terminate one of the foetuses due to a congenital defect. She took their advice, and chose to have one of her unborn twins aborted. Tragically, however, the wrong foetus was terminated, and it was then necessary to abort the unhealthy twin by caesarean.

The hospital has not revealed whether the ultrasound clinician responsible for the termination had been suspended, and the health minister couldn’t provide any further information on this. He was keen to highlight the importance of having all relevant information available before any penalties or prosecutions went ahead, however.

After consulting with hospital management and the Health Services Commissioner, Mr Davis confirmed that up to 3 investigations would be needed in order to establish how the blunder happened. He added that, for “legitimate public interest” in getting to the bottom of what happened at the Royal Women’s Hospital to be satisfied, the investigations would need to be “very, very thorough.”

He added that incidents like this are investigated, and reported on, through the Sentinel Events process, and said that the privacy of the family involved would need to be taken into account.

Prof David Ellwood, head of the School of Clinical Medicine has been appointed by the Royal Women’s Hospital to lead a review of this case. It will also be investigated by the Consultative Council on Paediatric Mortality and Morbidity, and possibly by the Health Services Commissioner. The jurisdiction of the Coroner’s Court does not cover this case.

Have you been affected by medical negligence? Speak to specialist clinical negligence solicitors today.

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Nov 30

If we can’t trust the doctors, who can we trust? Clinical negligence solicitors deal with the repercussions of medical negligence every day, and that’s a question they must ask themselves on a regular basis.

When someone is injured by a trained medical professional, UK law makes it possible for them to claim compensation. Here are some of the biggest compensation amounts ever awarded, and the stories behind them:

1) Kerstin Parkin, 19 Million

The clinical negligence solicitors at Manchester’s JMW Solicitors successfully claimed 5.5 million for Baby Wesley and his family, after he developed irreversible Kernicterus following a complicated birth.

Mrs Parkin and her husband had planned to set themselves up as choreographers, allowing them to spend more time with their children, and therefore compensation was awarded to compensate the couple not only for Mrs Parkin’s brain damage, but also for their projected loss of earnings.

2) Child H, 6.5 Million

Clinical negligence solicitors representing Child H managed to claim 6.5 million after staff at the Princes of Wales Hospital, Bridgend were deemed to have acted negligently.

Child H was born in the breech position; the negligence of medical staff meant that he brain was starved of oxygen during birth, leading to brain damage. She is now unable to carry out simple tasks like walking unaided, talking and feeding herself.

3) The Jeffers Family, Compensation Awarded: $10 Million

A California toddler and her family were awarded $10 million in damages after delays in the waiting room meant that she had to have her feet, left hand and part of her right hand amputated. When the Jeffers family arrived at Sacramento’s Methodist Hospital their daughter was suffering from a fever, weakness and skin discolouration. The family was told to wait, however their daughter’s condition got progressively worse. Despite her parents repeatedly pleading with staff, the family were forced to wait five hours before being seen.

Methodist Hospital in Sacramento made the family wait five hours before they were seen by a doctor, and during that time their daughter’s skin discolouration and fever got steadily worse. Eventually they were seen by a doctor, who identified her condition as an invasion of Streptococcus A bacteria. The huge payout will be placed in a trust for the Jeffers’ daughter, who was only a toddler at the time, and will provide her with a monthly income once she reaches the age of 18.

4) Kerstin Parkin, 19 Million

And now for the biggest claim on our list; Kerstin Parkin was one of the world’s best Latin American dancers, until she had a heart attack during labour, which left her wheelchair-bound and suffering from brain damage.

It was later found that staff at Farnborough Hospital in Kent had failed to take the necessary steps to prevent damage to Mrs Parkin’s heart and brain, and that the cardiac team had been unable to get to the patient as they did not know the access code for the labour ward. The compensation was awarded to compensate Mrs Parkin for the medical problems she now suffers and for lost earnings.

Contact a Clinical Negligence Solicitor

If you or a member of your family has suffered as a result of clinical negligence, you may be able to claim financial compensation for your injuries. Call the expert clinical negligence solicitors at JMW to discuss a potential claim on 0845 872 6666 or visit the firm’s website at http://www.jmw.co.uk/

Looking to find the best clinical negligence solicitor, then visit www.jmw.co.uk to find the best advice on medical negligence claims.

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Nov 29

How do you get paid? It’s the most important question you can ask a prospective financial adviser during an appointment. Why is this question so important? Because aligning compensation with your goals and objectives, increasing your account, is the most effective way to ensure your goals are realized. But so many people fail to ask this one simple question. Why? Because most people are intimidated by all the pretty letters after the adviser’s name: title beware!

“The titles they (financial advisers) use mean absolutely nothing,” says Ms. Roper, director of investor protection for the Consumer Federation of America. “We have a marketplace for financial advice in which professionals use virtually identical titles. …You have to dig deeper.” If titles don’t mean anything what does count?

The truth is that most people are intimidated because they know fairly little about investments. They also assume that the professional will put their best interests first. But the problem may not be the adviser; it may be the company they work for.

Over the last several years, investment corporations of all sizes have been penalized millions of dollars for not placing the client’s needs first. Nine times out of 10 the problem boils down to how the corporations pay themselves and their advisors. In ‘05 Edward Jones was fined over $75 million because “the company created a conflict of interest by failing to disclose a revenue-sharing deal with seven ‘preferred’ mutual fund groups. Edward Jones acknowledged it sometimes encouraged brokers to push certain mutual funds to customers. The company failed to adequately alert customers to its agreement with the mutual fund companies,” the SEC and the Justice Department said. Edward Jones is not alone. Merrill Lynch, Piper Jaffray, Wells Fargo, and Morgan Stanley have all been fined in recent years.

Compensation is key. Did you know the vast majority of investment businesses and their advisers are paid via commissions and up-front sales loads on mutual funds? This is where the trouble starts. Kathy Chu from USA Today writes, “Advice that you get might be based around the product, rather than your long-term financial goals. Brokers have an incentive to pitch high-commission products.”

Informed business people know that the best way to ensure results is to align their employees’ compensation with their job performance. For example, if you own a car dealership you want to sell cars, so you only pay your sales force when they sell a car. But is a transactional form of compensation the best method for the financial services industry? And more importantly for their clients?

Imagine if you paid your realtor up front to sell your house. What incentive would the realtor have to ensure your house actually sells? I’ll give you a hint…the answer looks like a donut! So if you don’t pay your realtor up-front, before you see results, why should you pay a financial adviser up-front? Shouldn’t his or her compensation be tied to how well your investments perform?

Commissions, on occasion, can be the best option. They usually work best if investors know exactly what they want, and they don’t plan to make very many transactions over time. Recognizing the dichotomy of “unbiased” advice and “up-front” compensation, many small and midsized financial firms are switching to a fee-only platform. With this model, compensation is not linked to the “sale” of any product, thus a greater degree of objectivity can be expected. Fee-only advisers typically use either a flat or asset-based fee. Flat or hourly fees are similar to how an lawyer or accountant bills his or her clients. With hourly fees it is important to define up-front which solutions will be performed, and to receive an approximation of the total cost.

The 2nd type of compensation is based on assets under management. This fee is usually between one and three percent of the account balance per year. This payment method works best when you hire an adviser to manage your investment portfolio, because the adviser’s pay is linked to your account balance. If your account grows, the adviser is compensated. If it doesn’t, his or her pay is cut. If Wall Street is to gain investors’ trust again they are going to have to change the way they compensate their advisers.

Want to find out more about Durango Financial Advisers, then visit the links. For info on Absolute Returns this is a good place.

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