MWR’s Annette Thompson discusses if you are you legally entitled to make a claim:

In any line of work it is possible to scold or burn yourself in the working environment, whether you’ve burnt yourself making a cup of coffee, you’ve scolded your arm working in a bakery or you’ve suffered a chemical burn while testing in a laboratory.

Claiming compensation for burning your arm at work depends entirely on the circumstances of the incident.  If the burn was caused by some negligence or other fault by your employer, then you may be able to claim.
The following points using a Fish and Chip shop worker as an example will help you to identify whether you have the right to claim:

Is it the system of work that’s at fault?
If you work in a fish and chip shop and burn your arm on hot chip fat, it might be that the system of work was unsuitable.   If there are a number of people in the area when the chip basket is taken out, a collision could occur and your arm could come into contact with the hot basket or hot fat.  The risk of burning yourself in this process could be reduced if a warning to staff was in place. If no such warning exists you may be able to claim.

Is the work equipment to blame?
The problem might have been that part of the fryer which should have been cool to touch was hot and this would be a problem with the equipment itself.  Your employer must ensure that regular service checks are carried out to ensure that the equipment is safe. If the equipment has not been checked, you may be able to claim for your injuries.

Is it a problem in the working environment?
If the floor is not kept clean and dry, you could slip and your arm could come into contact with hot surfaces as you try and keep your balance.  Spillages in any working environment should be cleaned up as they happen and cordoned off until it is dry. If this process wasn’t carried out and this type of injury applies to you, you may be able to claim.

Is there a risk assessment?
Everything you do at work which carries an element of risk should be assessed.  The potential dangers should be highlighted and steps should be taken to reduce the risk of injury in a place of employment.

Was it your own fault?
You may have burned your arm through you own carelessness but we always recommend you seek legal advice as your employer may still have been liable.

At MWR we understand all of the various Regulations which apply to safety in the workplace and we can help you check whether you have a claim whatever your injury and however it happened.  Pick up the phone today and call 01772 254201, send an email to advice@mwrlaw.com or claim online.

To learn how you can make a no win, no fee claim, speak to our team now by calling 0800 7310717 or claim online

One of the major hitches encountered by home-buyers is gazumping, a term used when an offer is accepted by the seller who then accepts a higher offer by another buyer.

This financially and emotionally draining practice is explained by MWR’s Grace Morrison.

What is gazumping?
Gazumping is when an offer is accepted but then the seller accepts a higher offer from another buyer. The first buyer is left in the lurch and either has to offer a higher price or accept that they have lost out on that particular property and continue their property search.

Is it illegal?
Gazumping is legal in England and Wales but prohibited in Scotland.

What should you do if you are a buyer and you have been gazumped?
If your offer has been gazumped, you can legally make a higher offer but do think carefully before you do so. The same thing could happen again or you may offer a price that could leave you financially insecure.  If you have lost out due to a higher offer, inform the estate agent or seller directly how interested you are in the property and keep in touch with them until the new buyer has exchanged contracts.

When can a seller withdraw their acceptance of an offer?
The seller may withdraw acceptance of the offer any time before contracts are exchanged. They may withdraw because of a higher offer or because he/she has simply decided not to sell.  Unfortunately, legally there is nothing a buyer can do about this but you could ask the seller to pay a contribution towards the costs incurred, such as legal costs, search and survey/valuation fees.  It must be noted that the seller is under no legal obligation to reimburse the buyer for these associated costs.

What happens when the seller accepts more than one offer?
The seller is able to accept more than one offer.  This is known as a contract race because the first buyer to exchange contracts is legally entitled to buy the property.  The seller’s solicitor must immediately inform all potential buyers that they are in a contract race.

How can you avoid being gazumped?
•    Enter into an agreement after the offer has been made to ensure that the seller will not consider other offers during a set period. If this is in place before the exchange of contracts and you are gazumped, you would be able to sue the seller for breach of contract.
•    Ask that the property be taken off the market after you’ve made an offer, making sure this is a written agreement.
•    Try and speed up the transaction with your lender – the faster it goes through, the less time the seller has to pull out.
•    Keep in regular contact with the seller and let them know when the survey has been completed and a mortgage offer has been received. This builds trust with yourself and the seller.

Buying or selling a house is one of life’s most stressful events; MWR’s expert lawyers are hugely experienced in making sure the process is as glitch-free as possible. Give the team a call today on 01772 254201 or send an email to advice@mwrlaw.com.

Millions of people worldwide die in the workplace, whether through accidents or occupational diseases.

Having represented trade union members on industrial injury and disease for 100 years, MWR Solicitors will once again be taking part in the Workers Memorial Day event, remembering the dead and fighting for the living.

Guild 2012 marks a big year for Preston – a traditional event for traders, craftsmen and merchants, the co-operations and their workers.

While the city will be celebrating the historic Guild over a number of days, MWR are encouraging people to also remember the sweat and physical risk predecessors faced.

Employment law specialist, Sadiq Vohra said: “The world of work has certainly moved on but the health and safety risks associated with plying trade remain high.

The current Government believes health and safety is a burden on business. The concern is that the laws that protect you will be weakened, enforcement and inspections may be cut and it could become harder to win compensation for injuries sustained in the workplace.”

The Health and Safety Executive (HSE) recently publicised a number of health and safety convictions in Lancashire but the number of people who lost their life at work has risen across the UK.

If you would like to hear more about why the message should remain loud and clear, join MWR at the Workers Memorial Day event which takes place on Preston’s Flag market from 11.15am on Saturday April 28.

Activities will include; songs, puppet theatre and speakers, followed by the laying of wreaths, at the Corn Exchange, in memory of those killed.

Preston Sky Ride, which takes place on June 17, is expected to attract more than 8,000 people and joins a host of other city events which celebrate the cultural Guild calendar of activity.

The event is made up of a series of friendly neighbourhood Sky Ride local rides and Breeze bike rides for women. Those that register will be able to cycle safely through Preston’s parks and sections of the new Guild Wheel cycle route.

Annette Thompson, partner at MWR Solicitors commented:  “We are proud to sponsor an event where everyone’s invited to join in,  it’s a great way of celebrating Preston’s Guild year and status as European City of Sport.

As an established local business in the heart of the city, MWR is committed to supporting local events, especially those that bring the community together.”

In addition to Preston Skyride, MWR Solicitors is the headline sponsor of the Preston Sports Awards, the Lancashire Sports Awards, the Preston Schools Competitions and the Lancashire Football Association.

To register for the event visit www.goskyride.com and you could be in with a chance of winning an amazing cycling experience with Sir Chris Hoy at the National Cycling Centre in Manchester.

Most ladder accidents involve the victim falling from a height onto the ground below and can result in serious and sometimes fatal injuries. MWR’s Joanna McClean explains;

Working with ladders and at heights can be dangerous but accidents are usually preventable if safety measures are put in place and procedures are followed. If an employee is injured in a fall from height at work, they may be able to pursue a successful personal injury claim, particularly if their employer has failed to provide safe equipment and training.

The Law

Employers owe a basic duty of care to each employee to take reasonable care of their health and safety whilst at work. This includes providing:

• A safe workplace
• Safe systems of work
• Adequate plant and equipment (ie the things you work with)
• Competent workmates

Employers are also required to comply with Statutes such as the Health and Safety at Work Act 1974 and other relevant Health and Safety Regulations.

The Work at Height Regulations 2005  apply to all work carried out at height and where there is a risk of a fall. This includes not just you falling but the risk of falling items hitting another.

As part of the Regulations, employers must ensure:

• All work at height is properly planned and organised.
• Those involved in work at height are competent.
• The risks from work at height are assessed, and appropriate work equipment is selected and used.
• The risks of working on or near fragile surfaces are properly managed.
• The equipment used for work at height is properly inspected and maintained.
• Work at height is avoided where possible, for example doing the work from ground level
• Work equipment or other measures to prevent falls, where work at height cannot be avoided
• Use work equipment or other measures are used to minimise the distance and consequences of potential falls, where the risk cannot be eliminated

How high up do you have to be to claim?

The regulations apply to all work at height where there is a risk of a fall liable to cause an injury. This need not involve working on a ladder or all the way up a ladder, in actual fact the “height” need not be very high at all. It could for example, be an employee forced to stand on a chair to reach a shelf because no ladder or steps had been provided by their employer.

Can I claim my loss of earnings?

If it is established that your employer was to blame for the accident, as well as compensation for your injuries, you are entitled to claim reasonable expenses and losses. As an example, this would include; loss of earnings, travelling, medical expenses and the cost of care if injuries are severe.

If you have been involved in a fall from height at work and require advice, pick up the phone and speak to our accident at work team by calling 01772 254201, or send an email to advice@mwrlaw.com.

 
MWR’s civil disputes expert, Sharon Rigby provides the answers;
There is no automatic right to enjoy light in English Law. However, if you have enjoyed uninterrupted light for 20 years, then you have the right to acquire it back if this is subsequently blocked by a neighbour’s tree, hedge or other foliage. The Prescriptions Act 1972 will allow you to seek relief in the Courts. Such action must however be commenced in Court within 12 months of the light becoming blocked, otherwise you will lose your right to appeal.

Can I actually chop the tree down myself without involving the Court?
A property owner does own his/her home, the airspace above and the land below. A tree within the confines of your neighbour’s property also belongs to your neighbour.
You are however, entitled to remove branches which overhang onto your property, provided you return them to your neighbour. It must be noted that you can only chop or prune the tree back to the boundary line, without having sought permission.
If the tree in question is protected by a Tree Preservation Order or within a conservation area, you will always require permission prior to removing any branches.

What if the tree is on my neighbour’s land?
Entering onto a neighbour’s property to chop down a tree on his/her land is illegal and can amount to trespass and criminal damage. It is therefore advisable to liaise with your neighbour and seek professional guidance if they do not adhere to your requests.
If the tree is causing damage, injury or loss of the reasonable use and enjoyment of your own property, then you may have grounds to apply to the Court for an Abatement Notice. Such Notice, if granted, will order your neighbour to take action to resolve the problems.

Top tips
• The best course of action is always to speak to your neighbour first, to attempt to resolve any issues caused by their trees or hedges.
• Perhaps you can agree to prune the tree to lift the canopy or thin out the branches if light is being blocked. Invite them onto your land to show them how your light is blocked and how it affects you.
• You can remove overhanging branches yourself, unless the tree is a protected one.
• Uninterrupted light for at least 20 years can be re-acquired through the Courts should this suddenly be blocked by a neighbour’s tree.
• If the tree is causing damage or injury, then you will need to apply to the Court for redress on the basis that this is causing a legal nuisance.

If you are involved in a disagreement with your neighbour, landlord, insurance provider or contractor and require advice, pick up the phone and speak to our experts on 01772 254201, or send an email to sharon.rigby@mwrlaw.com

A young Preston sports star is set to benefit from MWR’s pledge to financially support flourishing local athletes.

British and National champion BMX racer Ross Cullen who is just 11 years old has been awarded £250 from MWR which will help him win major competitions. Ross is the latest local amateur sports star to benefit from MWR’s community investment programme.

Ross, who lives in Higher Walton and attends Coupe Green Primary School, will soon compete in the European Championship finals in France.

Ross said: “I am hoping to gain a podium finish in the European Championships and with the World Championships coming to the UK this year; it would be fantastic to perform well on home turf.

“I want to make a career out of the sport and represent Britain at Olympic level one day, the support from MWR Solicitors will help fund competition entries, travel and training which will help me to develop.”

Ross is the British and National BMX champion and is ranked world number four in his age group, following a successful competition at the World Championships in Copenhagen last year.

He trains up to three times a week at his BMX club, Preston Pirates and the National Cycle Centre in Manchester. Ross was recently shortlisted for the ‘young achievement of the year’ award at the MWR Preston Sports Awards.

Sadiq Vohra, partner at MWR, said: “Ross is an inspiration; he shows a true amount of dedication to his sport and is on the path to becoming a future British sports hero. Our mission is to help our clients solve their legal problems and we are committed to extending this to supporting sporting talent.

“We wish Ross and all our sponsored athletes every success in up and coming competitions.”
In addition to sponsoring Ross, MWR Solicitors is the headline sponsor of the Preston Sports Awards, the Lancashire Sports Awards and the Preston Schools Competitions. MWR also sponsor the Lancashire Football Association and are joint sponsors of the Sky Ride event taking place in June.

In 2010, MWR launched its Funds4Clubs scheme which is designed to help sporting, social or recreational clubs solve some of their funding problems. The Funds4Clubs members list is continuing to grow with over 30 clubs benefitting from the scheme.

Community sporting stars from across the city of Preston attended a celebration of amateur sport at the Preston Sports Awards, on Friday March 9.

The seventh annual Preston Sports Awards sponsored by MWR, took place at the Guild Hall and congratulated the hard work of local athletes, coaches and volunteers.

The awards were opened by Baroness Sue Campbell (chief executive for of the Youth Sport Trust) and Mayor of Preston, Cllr Bobby Cartwright. Guests were also treated to performances by local freestyle footballer John Farnworth and the City of Preston Gymnastics Club.

MWR’s Altaf Patel, who presented the achievement of the year award, said: “The sporting athletes and volunteers recognised at the awards are a credit to Preston and the event itself demonstrates the strength of sporting provisions in the area.

“As a business, we were delighted to once again sponsor the event, especially in the lead up to the Olympics and Preston Guild. We will strive to continue our efforts in supporting local amateur athletes and those who coach and support them.”

MWR recently announced it has renewed sponsorship of the event for the next three years.

In addition to the Preston Sports Awards, MWR Solicitors also sponsor the Lancashire Sports Awards, Preston Schools Competitions, the Skycycle Ride, the Lancashire Football Association and a number of local sporting heroes.

The award winners at this year’s Preston Sports Awards were;

Coach of the Year –Ian Brookes (Preston Pirates BMX Club)

Club of the Year – City of Preston Gymnastics Club and Preston City Trampoline Club

Volunteer of the Year (16-24) – Sammy Linford (City of Preston Gymnastics Club)

Volunteer of the Year (25+) –Dave Harrison (Springfields FC)

Rising Star – Lucy Davis (Preston Swimming Club)

Achievement/Performance of the Year (Male Junior) – Jack Bridge (Preston Swimming Club)

Achievement/Performance of the Year (Female Junior) – Georgia Barton (Preston Swimming Club)

Achievement Performance of the Year (Senior) – Lisa Whiteside (Larches and Savick Boxing Club)

Disabled athlete of the Year – Isaac Towers (Lancashire Bombers)

Team Performance of the Year (junior team) – Preston North End Women’s Junior FC Under 14’s

Team Performance of the Year (senior team) – Preston City Football Club

School team of the Year (Primary) – Sherwood Primary School Tri-Golf Team

School team of the Year (Secondary) – Ashton Community Science College Under 16’s Girls

Community organisation of the Year – Larches and Savick Boxing Club

Higher/Further Education Team of the Year – Preston College Football Team

Special Recognition/Service to Sport — Angie Linford (City of Preston Gymnastics Club)

Lifetime Achievement – Peter Mason (Chair of Preston Sports Forum)

The wrong temperature in a working environment can prove uncomfortable for workers. Workplaces that are too cold or too hot can affect our stress levels and productivity. MWR’s employment law  specialist, Sadiq Vohra explains the law regarding working temperatures.

Although legally there is no minimum or maximum temperature, the Workplace (Health, Safety and Welfare) Regulations 1992 state that during working hours, temperature should be reasonable. While this will vary dependant on the nature of the workplace, the temperature should normally be at least 16 Celsius, unless the work involves severe physical effort, in which case it should be at least 13 Celsius.

The regulations also stipulate that a sufficient number of thermometers should be provided to enable people to determine the temperature and ensure it is reasonable. Staff should also feel no need to wear specialist clothing to keep warm and a heating system should be provided when a comfortable temperature cannot be achieved.

It is often the case that in extremely hot weather a workroom becomes too stuffy; the space should therefore become well ventilated, especially when the work space is enclosed. Additional ventilation systems may be required in workplaces with a lot of hot air. Employees should also be allowed adequate breaks in a well ventilated place.

In some working environments, staff are required to wear personal protective equipment and employers have been urged to assess whether all equipment is needed in hot weather. Some employees who need to wear this equipment to prevent injury should be given longer breaks or more frequent breaks in a comfortable environment.

While failing to comply with the code of practice is not a criminal offence, employers who do not recognise the guidelines could face court proceedings if an employee’s safety has been contravened.

The Trades Union Congress (TUC) recently hit out at PM David Cameron who, in January 2012, announced a “war against excessive health and safety.” A Day of Action to defend health and safety has been organised by the TUC for April 28th 2012. This is also Workers Memorial Day, an event which MWR continues to support each year.