Connect with us

Personal Injury

There has long been a culture of claiming compensation in the United States of America, and that culture is showing zero signs of easing up. Actually, recent statistics show that the polar opposite is in fact taking place with more and more personal injury claims being made. Whether this is fantastic news, though, completely depends on where you are standing and in which direction you are looking. But we aren’t just talking about the point of view of victim versus insurance company, or even the person being sued, because there are so many other considerations to take into account, just visit Robins Cloud for more information.

Anyway, the very term ‘compensation culture’ implies that there is a huge number of claims for compensation which aren’t necessarily justified, and are in fact ambitious and fraudulent attempts at making money out of something completely accidental. In the past we have heard phrases like ‘crash for cash’, whereby people are deliberately crashing their cars into innocent driver’s in order to start a compensation claim and receive a hefty payout. This is wrong. But the other big problem with this sort of fraudulence is the effect it has on genuine claims. In short, it is becoming harder and harder to determine what claim is real and what is a bogus attempt at quickly pocketing enough money to put down a deposit on several houses.

What’s more, there are more and more areas of a genuine victim’s life that need to be addressed nowadays. When someone is involved in an accident, there are a vast amount of repercussions that need to be taken into consideration. For example, there are the direct injury costs, the cost of medical care, the loss of earnings (both present and future), psychological stress compensation, the possible increase in insurance premiums, and these are just those that can be measured easily.

On top of this, there are other forms of damage that need to be carefully addressed, things like emotional harm and mental disruption, areas of damage that can’t be measured physically. And as such, these areas are becoming more and more exploited because they are easier to fake. All someone has to do is state they need to see a councillor, and then visit once a week for so many weeks and there is nothing a court of law can do to prove they are bogus. But we will get to this a bit later on.

First, we want to go through some of the landmark cases that has encouraged this compensation culture to spread across the world, not just America.

USA – 1992

This case became world-famous after a woman sued McDonald’s after she bought a cup of coffee from one of their drive-through outlets. What had happened was, after she made the purchase, she tried to remove the lid in which she spilled the entire contents of the coffee onto her lap. She was subjected to extreme scolding and spend eight days in hospital undergoing skin graft operations on her thighs, backside and groin. This was followed by two-years of medical treatments. The grounds on which she won the case was that the coffee served at McDonald’s was far too hot and thus far more likely to cause severe harm that other restaurants. She won an astonishing $2.86 million in compensation.

Australia – 2007

A woman successfully filed a workers’ compensation claim after causing damage to her own face with a lamp during intercourse in a hotel room while away on business. Whilst her employers rejected the claim on the grounds that intercourse was not an ordinary incident of an overnight stay, the court granted her compensation on the grounds that no approval, express or implied response of the woman’s conduct was required and that the company had to deliver the benefits package as they had rented the room.

USA – 2011

A woman was awarded compensation after tripping over her dog while walking to her own garage. The reason this claim was successful was due to her being employed as a decorator by a big home decor company and given she was headed to her garage to collect some sample fabrics, it was deemed her home to be a work environment. Don’t believe us, just look here.

With legal decisions like this setting precedent in courts of law around the world, it is easy to understand why some people wouldn’t try and claim compensation for certain accidents. It also means, governments need to act quickly to establishing new laws that will prevent a queue of similar claims taking place, such as a legal obligation to state that the contents of a coffee cup may be hot.

What does the rise in claims mean for premium prices?

Whether or not it has anything to do with loopholes or wiggle room, there is absolutely no disputing the fact that the number of claims has increased year on year. Even if you take into consideration the growth in population, the number of claims is still rising rapidly. This has seen something else mimic the rise, and that is the consistency in which insurance companies are raising their premiums. It is a logical step. The more people that claim, the more likely they will have to payout, the more they will have to cover their risks. As such, insurance companies have raised premium costs as a way of ensuring they have enough money in reserve in the case of any personal injury claims that may be awarded.

This is where the divide in perspective has been encouraged. Some believe this is a completely logical and necessary precaution that needed to be taken by the insurance companies, while others blame the rise in our compensation culture on bogus and ambitious claims. However, in order to cast a bit of positive light on those feeling hard done by when it comes to their rising premiums, think of it this way; should you ever need to make a personal injury claim, you are much more likely to be offered a hefty out-of-court settlement. Whether you agree with this cor not, it is how the industry seems to operate at the moment.

Time to address the fake and ambitious claims we touched on earlier.

While there is no questioning the rise of legitimate claims, there has also been a sudden spike in fake claims too. These are essentially little more than audacious attempts to con the system out of paying them undeserved money, and the recent rise has seen government organisation and insurance companies work together in a bit to stop this trend gaining any more traction. It is worth noting, though, that whilst terms like ‘crash for cash’ have become common terms, the actual figures churned up through detailed research suggest that the rise in fake claims hasn’t been as substantial as hearsay, gossip and the media would have you believe. This means that most of the compensation paid out to victims is done so legally and in spirit of what they truly deserve.

So why the growth in compensation claims?

As with most things in life, we can only offer well-thought out but speculative theories. However, the most dominant of those theories, which accounts for the most substantial reason for growth is to do with introduction of new laws. We now live in a society that is dictated by rules and regulations, and the room to play is not like it was a couple of decades ago. Everything needs to come with a warning, whether that be a do not eat sticker or a not suitable for under 6 sign. In short, our lives are dictated by health and safety regulations. They have just become stricter and stricter with each passing year. The standards have been increased and tightened. But while this was intended to reduce injury, it has had an adverse effect when it comes to injury claims, and that is because employers now have a legal responsibility to protect their employees right across the board and in almost every aspects of their lives. As we all know, though, accidents happen. It does not matter how many precautions you take or how many stickers you cover the windows with or how much training you give out each month; accidents happen. By it’s very definition, an accident is something that happens unintentionally and unexpectedly, yet by enforcing more and more rules we have provided victims with better grounds to sue on.

It is easier to make a claim against an employer than ever before; it is as simple as that. But if that was enough substance to answer the question of why the rise, well, the majority of all personal injury claims are made up of work related accidents or injuries. Put two and two together and we have a rise in compensation claims and a rise in the costs associated with them.

Another spike that has been noted by industry researches has to do with our roads. They have become busier. There are more cars and more cars means a greater chance of accidents and the more accidents the more claims. The biggest of these are whiplash claims, and that is because whiplash is caused by unexpected jolt involving your neck and back. More payouts for whiplash, the more the premiums go up. It is simple math.

Use your ← → (arrow) keys to browse

Student @ Advanced Digital Sciences Center, Singapore. Travelled to 30+ countries, passion for basketball.

Continue Reading
Comments

Blog

For Enea Angelo Trevisan and Ealixir, better than solving the problem of cyberbullying is preventing it

Published

on

bully cyberbully

One of the most commentated news regarding Instagram for the past weeks was their investigation on whether to ban likes counter on the platform or not, but mostly from the perspective of marketing strategy. It turns out that the social media platform is actually considering this new feature as a means to avoid a much bigger problem: cyberbullying.

A recent studied carried by Pew Research Center showed that fifty-nine percent of teens reported to have experienced at least one of six types of abusive online behavior, cyberbullying included. Another concerning fact brought by the study shows that 16% of these teens were already subject of physical threat of some kind due to incidents in social media.

In addition to that, a report published by the Journal of Abnormal Psychology has highlighted the popularity of smartphones among teenagers – a statistic that only grew during the past seven years. “More U.S. adolescents and young adults in the late 2010s, versus the mid-2000s, experienced serious psychological distress, major depression or suicidal thoughts, and more attempted suicide,” stresses the study’s lead author, Jean Twenge, who also wrote the book iGen, in which he ponders about the influence of smartphones in teenage and child mental health.

Besides hiding how many likes a photo has received, Instagram is also considering another feature: a “nudge” alert that is activated while the user is still writing a comment that is flagged as potentially aggressive. According to the head of Instagram, Adam Mosseri, this could give an extra incentive for people to think twice before committing to an attack.

“Of all the obnoxious activities that can be carried out on the web, cyberbully is in my opinion the worst”, says Ealixir’s CEO and founder Enea Angelo Trevisan. “Cyberbullying targets those who cannot defend themselves: often minors or minorities. This is why one of our priorities as a company is to invest our technology in the fight against this plague.” In that sense, Ealixir gives support to individuals by making an early detection of offensive and troublesome contents, so they can be immediately erased and monitored to avoid further reloading. 

For Trevisan, the case for cyberbullying starts in schools, and this is the reason why Ealixir is also responsible for organizing sessions with children, so they can be warned about the dangers of the internet. “At this young age, kids think of internet as a huge playground. We teach them not to trust strangers and to think about the consequences of their virtual actions, exactly like in real life,” he explains.

Moreover, families also need to be aware of their children’s presence on the internet – they should not underestimate the possibilities and dangers of giving a smartphone to a child or a teen. “This is due to the fact that older generations were born and raised without the web, so they struggle to identify with their children. With Ealixir, we try and fill in this gap most of all through prevention, but also actively by deleting offensive contents and/or preventing harassment.

Besides monitoring and removing offensive contents published online, Ealixir also gives support to families and individuals who found themselves victims of cyberbullying by offering contact with specialized lawyers that can handle a case with expertise in the court. However, as much as in the case for health, prevention is the best scenario when coming to cyberbullying too, so internet literacy becomes an important competence to be learned by children for a healthier future of the web.

Sources: https://www.theladders.com/career-advice/how-instagram-plans-to-take-a-stand-against-cyberbullying

Prev postNext post
Use your ← → (arrow) keys to browse

Continue Reading

Blog

Scaffolding rental now has more options than ever before

Published

on

There are many reasons why you might require scaffolding for your project. It is the best way to protect a workforce that needs to work for extended periods at height, without damaging the structure being worked on or using expensive equipment. 

However, every single project is different. There is no one size fits all approach, and in order to get the best results you need to be able to use scaffolding that can be built and adapted for each purpose. If you are running multiple projects, or each project is very different then it is simply not practical to buy the scaffolding yourself. 

This is why for scaffolding rental Houston, USA, has been leading the way by offering to all its clients their scaffolding needs for all types of project, and now that service model is becoming readily available across the EU as well. Here are some of the varieties on offer

Boiler scaffold for maintenance in power plants

For companies that need to work on power plant boilers, there is a definite requirement that the scaffold is as secure as possible. The specialist boiler scaffold is perfect for this, and is made from special materials to resist the extreme conditions of the power plant boiler. It can be difficult to find a bespoke scaffolding installation that is able to be operated in special conditions, but the best providers can do this.  

Special aluminium platforms for aircraft maintenance

Maintenance on aircraft can be hard when it comes to scaffolding. The shape of the airplane is unusual, and there are some quite delicate parts that cannot be damaged in anyway. A good provider like Alufase can provide modules that are specifically designed to be able to work high and close to the machine, but also adaptable for different aircraft types and shapes. 

Scaffolding for any building of any size

By approaching a scaffolding expert you can be sure that they will have the experience and adaptability you need for your project, and a team of expert engineers available to ensure the last on safety and function. Different to traditional scaffolding, it is possible to rent aluminium scaffolding these days that is much lighter and can be transported and assembled much more easily, yet with no reduction in safety and quality standards. 

Intensive work is best handled by rolling towers

For work that requires intensive use and also the ability to move the scaffolding from one location to another on the site, then rolling towers are the best option. You can reduce the risk associated with this by using professionals machines to deliver and build the towers, and make sure that the castors, frames, braces and platforms meet all the safety standards. Then you have the flexibility to move the scaffold as much as you need to. Rolling towers are incredibly useful for construction projects. 

Shipyard scaffolding doesn’t need to be difficult with the right supplier

Another awkward shape with tricky requirements is when scaffolding is required for shipyards. Like with aircraft maintenance, it is not unusual to have to have an elevated working surface, and during boat construction in particular the scaffolding needs to be able to grow as the ship does. 

Scaffolding can also be used to create huge stages

For a temporary stage structure, for example for large outdoor music concerts that are not taking place all year round, then scaffolding is the best way to ensure the safety of the performers and crowd, while elevating the performers to a high level so the crowd can actually see them. This is very different to other types of scaffolding, and the surface area needs to be a lot larger. 

Use your ← → (arrow) keys to browse

Continue Reading

Blog

New photographs of great legends available to buy

Published

on

It takes something extremely special about a person for them to become a legend, and continue to inspire generations when they are gone. Ernest Hemingway, Orson Welles, Ava Gardner and Gary Cooper are some of those legends whose legacy continues to live on in the art and culture they left behind them, and even now have huge fan bases that admire their heroes. 

One of the fascinating things about these great legends of the past, is that unlike today there was no social media, and even the traditional media had its limits. This can make it difficult to learn more about their lives, loves and who they were outside of the public mask they wore. Well now it is possible to see a glimpse into their world. Bank photographs of Ernest Hemingway, Orson Wells, Ava Gardner and Gary Cooper during the years that they were living in Spain have been uncovered and the rights to them are available to purchase

Nobel prize winner Ernest Hemingway lived a life of adventure

Ernest Hemingway was a world renowned journalist, novelist and sportsman, who to this day continues to influence writers all over the world, and is credited with being a major influence on all 20th century literature. The works he produced are considered American classics. 

It was not only his writing that drew admiration, but also his lifestyle. Nicknamed ‘Papa’ by those closest to him, he lived life to the full. He loved being outdoors hunting or fishing, and travelled the world for his writing, acting as a war correspondent in both World War II and the Spanish Civil War, after serving himself on the Italian front in World War I. He was also a big drinker and did not believe in life passing him by. 

He had a longstanding love affair with Spain, visiting many times for both work and pleasure. This is how Ernest Hemingway rights photographs in Spain have become available to buy, from the cameras of those who were there at the time. 

This is made even more poignant, as only two short years after some of these photos of Hemingway enjoying the bulls in Pamplona, he was to take his own life. Yet in 1985, ‘A Dangerous Summer’ a book inspired by those days spent in Pamplona was published. Hemingway had travelled to Pamplona between October 1959 and May 1960 on assignment with Life Magazine in order to write a 10,000 piece about the bullfighting and the rivalry between the key matadors. But he could not do it and instead wrote over one hundred thousand words, needing a fellow writer to edit it down. The photographs discovered show this time of his life, made all the more fascinating by the novel that was produced. 

Hemingway and Orson Welles, friends and rivals

Another great who fell in love with Spain was George Orson Welles, contemporary of Hemingway and sometime rival. He was an American actor, director, writer and producer who is considered one of the greatest film directors of all time. He visited Spain many times during the course of his life, and while bullfighting and film-making might be what drew him there, it was the lifestyle, the culture and the women that brought him back time and time again. 

He loved Spain so much, his ashes were interred in the South of Spain, in fact thrown down a well of a close friend and famous matador. For a glimpse into his life the Orson Wells rights photographs in Spain are available, a side not often seen of him. 

Ava Gardner’s love of life and parties in Spain

Another friend and contemporary of Hemingway, who could not resist the draw of Spain with Ava Gardner. She was a well known American actress who discovered Spain when filming in the country. Throughout her life she would go on to earn nominations for the Academy Award for Best Actress, and also BAFTA and Golden Globe nominations for her work. 

The success in her career, was equalled by her love for Spain and also for the Spanish bullfighters. Following the breakdown of her marriage to Frank Sinatra, she moved from Hollywood to Madrid, and spent her evenings creating her legend, with late night parties and drinking. It was during these days that she came to be known as the ‘World’s most beautiful animal’. Hidden away from the paparazzi that had hounded her life in the USA, she could be free to be herself. Only one camera captured these days of hedonism, that of a close personal friend. The Ava Gardner rights photographs in Spain available are from this very camera. 

Some have claimed that the parties she attended with simply urban myths, they were so crazy. However, it was real, only attended by an elite group of the rich, beautiful and artistic high flyers of the 1950’s and 60’s. Despite being in love with Spain, she never managed to learn the language, but instead got her Spanish teacher hooked on gin and tonics. For every drunken night out she would lose jewellery, often expensive, that would be left behind for a lucky finder. 

A real story that created the legend of those days in Spain

These three greats, all had one thing in common. A deep and lasting love for a country that was not their own. They found the place in which they longed to be, and this kept them all coming back again and again. More astonishingly this love affair with a country that inspired films, plays, novels and performances by these great artists was captured on film in a most honest and special way. Not posed photography, but real life, which makes it all the more special and serves to show the world the true story behind the legends. 

They represent a different era. One of adventure, of war and heartbreak, of the hot sun and fiery tempers. It is no wonder that so many are fascinated by the lives of these giants of modern culture

Use your ← → (arrow) keys to browse

Continue Reading

Trending